Cancellation
Cancellation Policy
Only written cancellation notices will be accepted. Client may not cancel individual Services for a Project. To cancel a Project (the “Cancelled Project”), Clients must send written notice to the RCM Accounting Department at accounting at rcm1.com. If a Client decides to cancel any Project for any reason, the Client will be responsible for paying Cancellation Fees to RCM.
Cancellations will be effective within one (1) business day after receipt of the Client’s written cancellation notice. Upon the effective date of the cancellation, (i) the Cancelled Project will be removed from the Site and will not be accessible on the Site and (ii) RCM will not have any further obligations with respect to the performance of any services for the Cancelled Project.
RCM will bill the applicable Cancellation Fee to Client based on the Cancellation Fee Schedule set forth below. All payments actually received by RCM from the Client for the Cancelled Project will be applied against the Cancellation Fee to determine the final balance, if any, due to RCM. RCM will invoice the Client the final balance due, if any, and Client agrees to pay such amount to RCM as provided in Client’s agreement with RCM.
If the payments actually received by RCM from the Client for the Cancelled Project exceed the Cancellation Fee, then RCM will refund to Client the difference between the payments actually received and the Cancellation Fee and such refund will be mailed by RCM to Client within 45 days after the date of the cancellation notice.
Cancellation Fee Schedule for Package Services
- For any cancellation notice received from a Client for a non-auction Project during the 10 day period after the initial creation of that Project on the RCM Site and provided that (i) an RCM database has not been added to that Project and (ii) there has not been an email campaign broadcast for that Project, the Cancellation Fee will be 50% of the contract price for the Cancelled Project.
- For any cancellation notice received from a Client for a non-auction Project more than 10 days after the initial creation of that Project on the RCM Site, the Cancellation Fee will be 100% of the contracted price for the Cancelled Project.
- For any cancellation notice for a non-auction Project where either (i) an RCM database has been added to that Project or (ii) an email campaign has been broadcast for that Project, the Cancellation Fee will be 100% of the contracted price for the Cancelled Project.
- For any cancellation notice received from a Client for a non-auction Project where (i) there has been no email campaign broadcast for such Project, and (ii) no RCM database has been added to the Project, Client will have the option to substitute a new Project for the cancelled Project at any time during the term of the cancelled Project.
Cancellation Fee Schedule for Cancellation of an Auction Marketing Services Addendum
- The Cancellation Fee for the cancellation of a Project subject to an Auction Marketing Addendum is 100% of the auction marketing fee set forth in the Addendum.
- For an Auction Bidding Addendum where Client has selected the Flat Fee Option, the Cancellation Fee for the cancellation of the applicable Project is 100% of the Flat Fee for the Cancelled Project.
- For an Auction Bidding Addendum where Client has selected the Success Fee Option and the applicable Project is sold either prior to or after the date of the Client’s cancellation notice, then the Cancellation Fee for the cancellation of the applicable Project is the Success Fee payable as specified in the Auction Bidding Addendum under the headings “Post-Auction Commencement Sale” and “Tail Period.”