These billing terms and conditions (“Billing T&C”) should be read in conjunction with: (i) the Company's privacy policy available at https://www.enablex.io/legals/privacy-policy (“Privacy Policy”); and, (ii) the terms and conditions applicable to the Licensed Services, available at [please insert] (“Service T&C”).
Capitalized terms used but not defined hereunder will bear the meaning(s) ascribed to them under the Privacy Policy, or the Service T&C, as applicable. All personal data or information including any sensitive personal data or information collected, processed, handled, stored, shared, and/or disclosed pursuant to these Billing T&C, will be governed by the terms of the Privacy Policy.
The Services are made available from [please insert] (“Services Territory”). If you (i.e., the customer) (hereinafter referred to as “you/your”) are located in a territory outside the Services Territory, then it is your sole responsibility to ensure compliance with the applicable laws of such territory. In accepting these Billing T&C, you hereby confirm that you are of the age of majority in the Services Territory or in the country of your residence.
If you are entering into/accepting these Billing T&C on behalf of a juristic entity, then you represent and warrant that you have unfettered and unencumbered right and authority to do so. In the event of a conflict between this Billing T&C and the Service T&C, this Billing T&C will prevail solely to the extent of the conflict.
1. Pricing
This Billing T&C governs the terms pertaining to the payment of the Applicable Fees by you in connection with your access and/or use of the Services. Your act of continuing to pay the Fees will be deemed to constitute your acceptance of the terms of this Billing T&C. If you do not agree with any term set out hereunder, then you are requested to refrain from making payment of the Fees and discontinue any further access and/or use of the Services or parts thereof. By continuing to pay the Fees, you irrevocably and unconditionally agree to be bound by the terms of this Billing T&C, and to pay the monthly fees applicable to the Service Package selected by you pursuant to the process of ‘sign up’ for the Services on the Company's website available at https://www.enablex.io (“Website”). You hereby agree that in the event that your access or usage of the Services exceeds the conditions of use associated with the Service Package selected by you pursuant to the sign up for the Services on the Website, you shall pay the charges towards the excess usage as per your service plan selected during the sign up process.
The Company may at its sole discretion revise prices of its Licensed Services due to various factors after giving due intimation to you (emails permitted). The revised prices will be applicable from the date of Company's intimation to you or such other date as may be specified in the Company's communication. If you do not accept or agree to the revised prices, then you are requested to refrain from further payments for the Services (save for payments due basis utilization till the date of discontinuance of the Services or applicable part thereof) and to discontinue further access and/or use of the Services or applicable part thereof.
2. Invoice Generation
The invoice will be generated based on the information (name of billing entity, billing address, email ID etc.) shared by you at the time of signing up. It will be your sole responsibility to ensure that the information shared by you is accurate, complete, and updated. The Company will not be liable or responsible for any failure to deliver or make available an invoice due to any inaccuracies or discrepancies in the information provided by you.
The billing cycle will be 30 days and the invoice generation date will be the 30th day from the service activation date. Invoice will be sent to the registered email ID. Example: if the services are activated on the 15th of July 2019, the invoice generation date will be the 15th of every month for the period from the 15th of this month till the 14th of next month. The first invoice will be generated on 14 Aug 2019.
3. Credit Limit
The Company reserves the right of assigning the credit limit based on your usage pattern. A default credit limit will be assigned to your account at the time of sign up, which will indicate the amount of usage allowed within the billing cycle. You will get a notification in case you reach your allowed usage limit before the end of the billing cycle. You will get the 1st notification once you exceed 50% consumption, the 2nd notification once you exceed 75%, and the 3rd and final notification once you cross 90% of your credit limit before the end of the billing cycle. You need to make the interim payment in the above scenario using the payment link available in your portal. In case you omit or fail to make an interim payment, the system will automatically initiate the payment from your credit card once the credit exposure exceeds 90%.
4. Currency & Taxes
All invoices will be generated in US$ and taxes will be applicable as per the governing policy of Singapore.
5. Payment Terms
Payments will be auto-debited from your credit card registered with us, on a monthly basis once the invoice is generated (within 3 days of the date of invoice). You will receive an online payment receipt on your email ID registered with the Company at the time of sign up. You hereby irrevocably authorise the Company and/or its representative(s) to charge/debit your credit card registered with the Company for the Fees as set out herein.
6. Credit Card Validity
Please ensure to update the valid card details at the time of signing up. You are requested to immediately update your card details before the existing card registered with us becomes invalid due to any reason. In case the card is not updated within [please insert] hours from [please insert], the Company reserves the right to suspend your Services with immediate effect, without limiting the Company's rights and remedies under the Service T&C and/or these Billing T&C.
7. Penalty
The Company reserves the right of levying penalty charges, amounting to [please insert], in case the payment is not received as per the terms defined in this Billing T&C, without limiting the Company's rights and remedies under the Service T&C and/or this Billing T&C.
8. Suspension/Termination
Without limiting the Company's rights and remedies under the Service T&C, the Company may suspend or terminate the Licensed Services (including any rights that you may have under any of the Service Documents) in case you fail to make any payment as and when due and/or fail to update your credit card or other payment information in accordance with the terms of this Billing T&C.
9. Voluntary Suspension/Interim Suspension
You can temporarily/permanently suspend your account online at any point of time. Once you do so, you will receive the final invoice towards usage of the Services or parts thereof till the date of such suspension, and the Company will charge the same amount from your credit card registered with the Company. Please note that in the case of such suspension, you will not have the right to access and/or use the Licensed Services or applicable part thereof from the date of the suspension.
10. Reactivation
In case the Licensed Services are suspended due to non-payment, you can reactivate the same, at any time during a period of fifteen (15) days from the date of the suspension, by making the payment online through the customer portal available at https://portal.enablex.io. Your billing cycle will be amended accordingly commencing from the reactivation date which will thenceforth be considered as the service activation date. The Company reserves the right, exercisable in its sole discretion, to charge a re-activation fee (“Reactivation Fee”) in case of reactivation of the Services by way of payment of the Fee as set out herein. The amount of the Reactivation Fee charged by the Company in case of such reactivation shall be [please insert]. Please note that if you fail to reactivate the Services in the manner set out herein, then you will be deemed to forfeit the right to reactivate the Services, without limiting the Company's rights and remedies under the Service T&C.
11. Representations and Warranties
You represent and warrant that: (i) you are authorised to furnish details of the credit card/payment mechanism registered with the Company and/or other information provided to the Company pursuant to the billing of the Fees, and that the Company is not required to procure the permission, consent, approval of any third party for the purposes of debiting or charging such credit card for the purposes set out under this Billing T&C; (ii) you will comply with all applicable laws during the course of performing or in relation to the acts or omissions contemplated under this Billing T&C.
12. Governing Law and Jurisdiction
The Billing T&C shall be governed by the laws of Singapore, notwithstanding the conflict of laws principle. Any dispute arising out of this Billing T&C shall be subject to the exclusive jurisdiction of the courts at Singapore.
General
- Severability. If any provision of this Billing T&C is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
- Revisions. The Company reserves the right to revise this Billing T&C from time to time, and it shall be your sole responsibility to review such revised terms of use at this link: https://www.enablex.io/legals/billing-terms.
- Survival. The conditions of use of the Licensed Services, your covenants, governing law and jurisdiction, shall survive the efflux of time.
- Relationship. You acknowledge that you are not a partner, employee, or agent of the Company.
- Applicability. You agree that the representations and warranties, indemnities, exclusion of damages, waivers, confidentiality obligations under the Service T&C will apply to this Billing T&C mutatis mutandis.