These Terms of Service describe the Services we will provide to you, how we will work together, and other aspects of our business relationship.
We request you to read the terms below carefully before confirming your acceptance thereof. Upon your acceptance, these Terms of Service form a legally binding agreement between you and Fundflo. Our Services are available to you only upon your acceptance of these Terms of Service.
In case any of the terms are not acceptable to you, please do not proceed to use any of our Services. BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY ALL THE APPLICABLE TERMS OF SERVICE.
We periodically update these terms and we will let you know when we do through notification within the Fundflo Application used to access your Subscription Services (if you have one), and by posting a revised copy on our website. You agree to review these Terms of Service on a regular basis and always remain in compliance.
1. Towards Subscription Services, you will pay the Subscription Fees set out in the relevant Order Form. The Subscription Fees will remain fixed during the Subscription Term unless:
• there is an overuse of the Subscription Services, whereby you exceed the maximum contacts, email send limit, visits, User or other applicable limits, as set out in the relevant Order Form;
• you upgrade products or base packages; or
• you subscribe to additional or new features or new packages or products, including additional contacts.
2. In case of overuse of Subscription Services, we shall be entitled to charge an additional fee for such overuse on a pro-rata basis. You will also be provided an option to modify the relevant Order Form and enhance the permitted usage limits prospectively.
3. Additional fees for new features or additional Subscription Services will be charged pro-rata for the remainder of the Subscription Term.
4. Subscription enables you to use the Subscription Services during the Subscription Term. In case usage of the Subscription Services is below the limitations set out in the relevant Order Form or in case you discontinue use of the Subscription Services during the Subscription Term, we will not be liable to refund any Subscription Fees.
5. The Subscription Fees will remain unchanged during the Subscription Term of the Order Form and be subject to escalation only at the time of each renewal, at the rate set out in the relevant Order Form.
6. Any downgrades to the product or base package as agreed to in the Order Form must be intimated by you with a minimum 90 days’ prior written notice and is subject to mutual agreement.
1. Any fee associated with Consulting Services will be captured in the relevant Order Form.
2. For Consulting Services performed on-site, you will reimburse us for all expenses incurred in connection with rendering the Consulting
1. All Subscription Fees are due and payable in advance throughout the Subscription Term, prior to the commencement of the relevant Billing Cycle, as set out in the relevant Order Form. All fees for Consulting Services shall be due and payable prior to the commencement of the Consulting Services pursuant to the relevant Order Form.
2. In case Subscription Services are being procured for only a portion of a month during initiation of Services, the Subscription Fees will be charged pro-rata.
3. All other payment terms shall be as set out in the relevant Order Form.
4. Service Fees are non-refundable and payment obligations under an Order Form are non-cancellable unless expressly set out otherwise in the relevant Order Form.
1. We will invoice you prior to the beginning of the initial Subscription Term and prior to the delivery of Consulting Services, if any. Thereafter, we will invoice you no more than forty-five (45) days before each subsequent Billing Cycle or each renewal of the Subscription Term or at such other times when fees are payable. All amounts invoiced are due and payable within 15 (fifteen) days from the date of the invoice, unless otherwise specified in the relevant Order Form.
2. In case of delayed payments, we will be entitled to apply interest at (i) 1.5% (one-point five percent) per month; or (ii) the maximum permissible under law, whichever is higher.
1. All Service Fees are exclusive of applicable taxes, levies, cesses and other charges applicable thereon, which shall be borne by Customer.
2. If Customer is required to deduct or withhold any tax, Customer will provide proof of such deductions.