Please CAREFULLY READ the following Billing Agreement. This Billing Agreement is binding between Capriccio of Naples, Inc. (“Capriccio Ristorante Italiano & Lounge”) and any and all persons, party(s), and/or the organization(s) doing business with, dining at, ordering from, or otherwise using and/or utilizing services at or from Capriccio of Naples, Inc. (“You, Your Party, and/or Your Organization”) including the person acting as the owner (“You”), manager, and/or representative(s) for You, Your Party, and/or Your Organization and/or the person acting as the billing contact (“Billing Contact”) for you, Your Party, and/or Your Organization.
Please read this agreement carefully and in full before making reservations with Capriccio Ristorante Italiano & Lounge, dining with us, ordering from us, purchasing from us, picking up from us, requesting information from us, utilizing our faculties and/or services, agreeing to create an account with us, authorizing any billing arrangement, authorizing recurring payments, or otherwise entering into any transaction(s) with Capriccio Ristorante Italiano & Lounge on behalf of Yourself, Your Party, Your Organization, anyone you may represent, or anyone else you may be associated with.
Capriccio of Naples, Inc. supports payment via (3) methods: Cash, Credit/Debit Card, and traditional invoice (when pre-approved and relevant). Credit/debit card payments are processed securely through a partnership with a third-party. ACH (Direct Debit) payments are also processed securely through a partnership with a third-party. Credit/Debit Card and ACH payments are processed automatically as described in the “Frequency of Payments” section.
Traditional invoices (when pre-approved and relevant) are sent on the first day of the period as if they were processed automatically. Invoices are due upon receipt and should be paid by check addressed to Capriccio of Naples, Inc. at the address as described at the top of the invoice.
By entering or changing your payment method’s information on Your Organization’s Billing page, you are authorizing Capriccio of Naples, Inc. to process payment each period as outlined elsewhere. Payment methods can only be changed by contacting us for approval ahead of time. Capriccio of Naples, Inc. may, at its sole discretion, choose to limit Your, Your Party’s, and/or Your Organization’s options for payment methods to any subset of the three (3) total methods. It is your sole responsibility to discuss payment method availability with, and receive payment method approval from Capriccio of Naples, Inc. before ordering, authorizing, or utilizing any of our services.
CREDIT CARD SURCHARGES
When you use a credit card to pay for goods or services the business accepting your card is charged a fee by the credit card company. These “interchange fees,” also called “swipe fees,” are often calculated as a percentage of the amount you purchase. In order to keep our menu quality and level of service at its highest, Capriccio of Naples, Inc. recoups these fees by adding 3% to your purchase amount.
ARE CREDIT CARD SURCHARGES LEGAL
Yes, except in some states with laws that prohibit credit card surcharges. Florida has a law prohibiting credit card surcharges, but that law was held unconstitutional by federal courts.
Therefore, as per the Office of the Attorney General in the State of Florida business merchants in Florida may add a surcharge to credit card purchases.
CAN BUSINESSES CHARGE WHATEVER THEY WANT AS A SURCHARGE
No. Major credit card companies have rules that limit the amount a merchant can add to a customer’s credit card purchase. Typically businesses are prohibited from charging more than their actual cost for processing credit card transactions.
ARE BUSINESSES REQUIRED TO DISCLOSE A CREDIT CARD SURCHARGE
Yes. Capriccio of Naples, Inc. displays this notice online, appropriate signage at our location, and prints disclosures on our receipts.
More information on credit card surcharges in Florida (and the rest of the United States) may be found online.
FREQUENCY OF PAYMENTS
All Cash is deposited on a regular schedule and Credit/Debit Transactions are batched and closed on a daily basis.
If you are enrolled in a billing plan, plans billed monthly (the “Period”) will be billed on same day as the first payment was billed, for the upcoming Period. The first period begins upon creation of the account and will include any applicable one-time fees as well as pre-payment of the first Period’s service. You and the Billing Contact will receive a confirmation email at the conclusion of each Period at the email address specified for each of you. You will not receive any advance notice of any payment, but You and the Billing Contact will receive post-payment confirmation by email. You and the Billing Contact will also receive confirmation by email if there is no balance or a negative balance on the account at the conclusion of each period.
At the beginning of each Period, payment will be charged for the upcoming Period’s service as well as any usage charges incurred during the previous Period. Usage charges are billed according to the parameters specified in each program, for each event, and/or at each store on the date and time that the payment is charged.
AUTOMATIC RECURRING PAYMENT METHOD FAILURE
Payment will be retried according to the following schedule at the beginning of each period: Four (4) days after first failure, four (4) days after the second failure, and then four (4) days after the third failure. If Your automatic recurring payment is declined or fails for any reason on the fourth and final attempt, You and the Billing Contact will be contacted via email at the address provided for you and/or your organization and Your Organization’s account will be closed and deactivated so that no further activity or sales can occur from within Capriccio of Naples, Inc. You may contact us at any time prior to your account being deactivated to correct or change the payment information. Upon correcting the payment information, the previously failed payment amount will be re-attempted, but future Periodic billing dates will not change from their originally scheduled cycle.
CANCELLATION OF ACCOUNT AND AUTOMATIC RECURRING PAYMENT
You have the right to change Your payment method or withdraw Your consent to the Automatic Recurring Payment Method at any time. Doing so will cancel and deactivate You and/or Your Organization’s account from all use. You will be logged out and all other user accounts will be prevented from logging in. To cancel Your Organization’s account at any time, contact us at Capriccio of Naples, Inc. and notify us of your decision to cancel You and/or Your Organization’s account. Your request to cancel You and/or Your Organization’s account will be processed immediately but no charges will be refunded and any overages or other charges incurred up to the point of cancellation will be charged to the currently selected payment method at that time. No refunds for negative balances will be issued.
RE-ESTABLISHING ACCOUNT AND AUTOMATIC RECURRING PAYMENT
You may reopen Your account at any time by contacting Capriccio of Naples, Inc. customer service at support at CapriccioNaples.com. At this point, You and/or Your Organization’s account will be reactivated, and a new billing cycle will be established. You will be billed any applicable one-time fees as well as the first Period’s pre-payment for that Period (often no charge). Billing will continue under the guidelines described above just as if a new account had been created.
CHANGING PAYMENT METHOD FOR AUTOMATIC RECURRING PAYMENT
If You would like to change Your payment method, You may do so at any time by contacting Capriccio of Naples, Inc. The change will be processed immediately, and any future payments will be charged to the updated payment method. If there were pending/failed charges on the old payment method, they will now be immediately charged to the new payment method.
CHANGING PLAN AND AUTOMATIC RECURRING PAYMENT
You may change plans up (upgrade) or down (downgrade) to any other available plan at any time by contacting Capriccio of Naples, Inc. All plan changes happen immediately and take effect immediately and are retroactive to the beginning of the current Period, therefore any overages will be calculated at the end of the current Period based upon the parameters of the newly selected plan. Any increases or decreases in charges will be incremental based upon the difference in the newly selected plan and the previously selected plan. No refunds will actually be issued to the specified Payment Method in the case of a credit. Any negative balances will be carried forward to the next Period and applied to the next Period’s invoice total.
FUTURE CHANGE AND ACCESS TO AGREEMENT
Capriccio of Naples, Inc. reserves the right, in its sole discretion, to change the Automatic Recurring Billing Agreement outlined herein. The most current version of this Agreement will supersede all previous versions and are effective according to the date that the commit was issued. Capriccio of Naples, Inc. encourages you to periodically review this agreement in order to stay informed of our updates.
DURATION OF CONTRACT
You may view those Agreements using the links below.
Additionally, You may contact us directly by using the information provided on the following page.
This Agreement is not transferable outside of Yourself and/or Your Organization and must be agreed to by the person authorized on the Capriccio of Naples, Inc. account (You). By continuing and entering into any billing transaction with Capriccio of Naples, Inc. you herein affirm, accept, declare, and agree that “I accept the Terms of this Billing Agreement”. You also guarantee and warrant that You are the legal accountholder for this credit card, checking account, or other payment method, and that You are legally authorized to enter into this billing agreement (recurring otherwise) with Capriccio of Naples, Inc. You agree to indemnify, defend, and hold Capriccio of Naples, Inc. harmless, against any liability pursuant to this authorization. You also agree that You will not dispute any charges from Capriccio of Naples, Inc. unless You have already attempted to rectify the situation directly with Capriccio of Naples, Inc. and those attempts have failed for a period of at least thirty (30) days. Lastly, You agree to all details of the program, plan, and/or membership You have selected and agree to be bound by the parameters and terms included therein.
Capriccio of Naples, Inc. welcomes questions or comments in writing regarding this Billing Agreement. Please contact Capriccio of Naples, Inc. at: support at CapriccioNaples.com.
Copyright © 2023 by CapriccioNaples.com