§ 19. Customer Billing and Refund Policies.

A.

Franchisee shall notify each of its customers, in writing, of its billing practices. The notice shall describe Franchisee's billing practices including, but not limited to, the following: frequency of billing, time periods upon which billing is based, advance billing practices, security deposit requirements, charges for late payments or returned checks, and payments required in order to avoid account delinquency.

B.

Prior to changing one of its billing practices, Franchisee shall notify all affected customers of the change and include a description of the changed practice.

C.

The customer bill shall contain the following information presented in plain language and format:

1.

Name of Franchisee and telephone number.

2.

The period of time over which each chargeable service is billed including prorated periods as a result of establishment and termination of services.

3.

The date on which individually chargeable services were rendered.

4.

Each rate or charge levied.

5.

The amount of the bill for the current billing period, separate from any balance due.

6.

Any applicable credits on the date which they were applied.

7.

The balance due.

8.

The date on which payment is due from the customer.

9.

Franchisee's mailing address for sending payments and office address for payment of bills in person.

D.

The account of a customer shall not be considered delinquent until at least five days have elapsed from the due date of the bill, and payment has not been received by Franchisee. Notwithstanding anything to the contrary, the account of a customer being billed bi-monthly shall not be considered delinquent if one-half (½) of the balance due is paid by the stated due date and the customer shall be billed for the second month of that period. The due date of the bill shall be a date certain no earlier than 14 days after the date the bill is mailed to the customer.

E.

There shall be no charge for termination of any service.

F.

Refunds to customers shall be made or determined in the following manner:

1.

If Franchisee fails, upon written request by a customer, to provide any service then being offered by Franchisee, Franchisee shall refund within thirty (30) days of a written request for refund by the customer, all deposits or advance charges paid for such service by said customer. This provision does not alter Franchisee's responsibility to customers under any separate contractual agreement or relieve Franchisee of any other liability.

2.

If any customer terminates any monthly service because of failure of Franchisee to render the service in accordance with this Franchise, Franchisee shall refund within thirty (30) days to such customer the pro rata share of the charges paid by the customer for the services not received. This provision does not relieve Franchisee of liability established in other provisions of this Franchise.

G.

If any customer terminates, for any reason not set forth above, any monthly service prior to the end of a pre-paid period longer than one month, a prorated portion of any prepaid customer service fee over one month using the number of unexpired prepaid days as a basis, shall be refunded to the customer within thirty (30) days by Franchisee. This provision does not relieve Franchisee of liability established in other provisions of this Franchise.

(Ord. No. 1475, § 19, 5-12-2009)

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