Fees & Billing Policy
The terms below are incorporated into, and form an integral part of, the Ability Commerce Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning as described in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.
COMPANY may purchase additional NULs at any time by contacting sales@abilitycommerce.com. Additional purchased NULs will be billed on the next monthly billing statement.
Service revisions will be stated and mutually agreed upon in an AGREEMENT ADDENDUM or AMENDMENT.
1. FEES AND PAYMENT TERMS.
1.1 Monthly Subscription Fees. Fees are as stated in the EXHIBIT 1 QUOTE SHEET.
1.2 Annual Fee Increase Maximum. Monthly Subscription Fees will not be increased by more than six (6) per cent per year starting on the AGREEMENT anniversary date.
1.3 Payment. Upon execution of the AGREEMENT by COMPANY, a representative from Ability Commerce will contact COMPANY for COMPANY to provide valid billing information (COMPANY’s accounting billing contact information including telephone and email address, ACH payment information) for Ability Commerce to submit invoices to COMPANY’s billing representative. Ability Commerce will bill COMPANY monthly via email, and COMPANY will be responsible for payments until AGREEMENT TERMINATION.
All payments must be made in USD and via ACH.
1.4 Billing Date Cycle. Monthly subscription fees are charged immediately upon AGREEMENT execution date based on your contracted ABILITY SERVICE PLAN. Billing Start and any milestone payments as stated within the EXHIBIT 1 QUOTE SHEET.
1.5 Billing Communication. Ability Commerce billing related questions and/or comments are to be emailed to: ap@abilitycommerce.com
1.6 Payment Terms. At AGREEMENT execution, Ability Commerce will
Company will notify Ability Commerce of invoiced amounts disputed in good faith in a writing delivered to Ability Commerce within thirty (30) days after the date that Ability Commerce delivers the respective invoice with respect to the payment of such amounts (“Disputed Amounts”). Upon receipt of a notice of dispute, the parties will make reasonable, diligent, good faith efforts to quickly resolve the dispute. COMPANY shall not be required to pay Disputed Amounts until such dispute is resolved. Once the dispute is fully resolved, the agreed-upon amounts shall be paid (or refunded, as applicable) within ten (10) days following such resolution; however, each party shall not be required to remit such amount prior to the originally scheduled due date of the applicable invoice.
1.2 Annual Fee Increase Maximum. Monthly Subscription Fees will not be increased by more than six (6) per cent per year starting on the AGREEMENT anniversary date.
1.3 Payment. Upon execution of the AGREEMENT by COMPANY, a representative from Ability Commerce will contact COMPANY for COMPANY to provide valid billing information (COMPANY’s accounting billing contact information including telephone and email address, ACH payment information) for Ability Commerce to submit invoices to COMPANY’s billing representative. Ability Commerce will bill COMPANY monthly via email, and COMPANY will be responsible for payments until AGREEMENT TERMINATION.
All payments must be made in USD and via ACH.
1.4 Billing Date Cycle. Monthly subscription fees are charged immediately upon AGREEMENT execution date based on your contracted ABILITY SERVICE PLAN. Billing Start and any milestone payments as stated within the EXHIBIT 1 QUOTE SHEET.
1.5 Billing Communication. Ability Commerce billing related questions and/or comments are to be emailed to: ap@abilitycommerce.com
1.6 Payment Terms. At AGREEMENT execution, Ability Commerce will
1.6.1 invoice COMPANY for the initial billing with ACH payment as quoted within where payment must be received by Ability Commerce in order to start SERVICE;
1.6.2 subsequently invoice COMPANY on a monthly basis for subscription fees related to the use of the purchased solutions per the Billing Date Cycle, payment by COMPANY due on the first day or each month with ACH payment. If a payment is returned or rejected by Ability Commerce’s bank, or incurs additional costs for Ability Commerce (e.g., bank fees) for any reason, then COMPANY shall pay a service fee of $50 and reimburse all such fees and costs incurred by Ability Commerce, and COMPANY shall be immediately deemed to be in default of this Agreement. Accounts not paid in full 90 days after Ability Commerce submits its invoice may have their service interrupted or terminated, but any interruption does not relieve COMPANY from the obligation to pay all fees due to Ability Commerce, including the monthly account charge. Accounts and all amounts in default are subject to a late payment charge of 2% per month, or the maximum amount permitted by law, whichever is less, until fully paid. If COMPANY defaults, COMPANY agrees to pay Ability Commerce its reasonable expenses, including attorney and collection agency fees incurred in enforcing its rights. Failure to pay due to good faith dispute is not considered default as long as COMPANY pays with fifteen (15) days of dispute resolution assuming an amount due is agreed upon by both parties.
1.6.2 subsequently invoice COMPANY on a monthly basis for subscription fees related to the use of the purchased solutions per the Billing Date Cycle, payment by COMPANY due on the first day or each month with ACH payment. If a payment is returned or rejected by Ability Commerce’s bank, or incurs additional costs for Ability Commerce (e.g., bank fees) for any reason, then COMPANY shall pay a service fee of $50 and reimburse all such fees and costs incurred by Ability Commerce, and COMPANY shall be immediately deemed to be in default of this Agreement. Accounts not paid in full 90 days after Ability Commerce submits its invoice may have their service interrupted or terminated, but any interruption does not relieve COMPANY from the obligation to pay all fees due to Ability Commerce, including the monthly account charge. Accounts and all amounts in default are subject to a late payment charge of 2% per month, or the maximum amount permitted by law, whichever is less, until fully paid. If COMPANY defaults, COMPANY agrees to pay Ability Commerce its reasonable expenses, including attorney and collection agency fees incurred in enforcing its rights. Failure to pay due to good faith dispute is not considered default as long as COMPANY pays with fifteen (15) days of dispute resolution assuming an amount due is agreed upon by both parties.
Company will notify Ability Commerce of invoiced amounts disputed in good faith in a writing delivered to Ability Commerce within thirty (30) days after the date that Ability Commerce delivers the respective invoice with respect to the payment of such amounts (“Disputed Amounts”). Upon receipt of a notice of dispute, the parties will make reasonable, diligent, good faith efforts to quickly resolve the dispute. COMPANY shall not be required to pay Disputed Amounts until such dispute is resolved. Once the dispute is fully resolved, the agreed-upon amounts shall be paid (or refunded, as applicable) within ten (10) days following such resolution; however, each party shall not be required to remit such amount prior to the originally scheduled due date of the applicable invoice.
2. COMPANY PURCHASE OF ADDITIONAL NAMED USER LICENSES (NULS).
COMPANY may purchase additional NULs at any time by contacting sales@abilitycommerce.com. Additional purchased NULs will be billed on the next monthly billing statement.
Service revisions will be stated and mutually agreed upon in an AGREEMENT ADDENDUM or AMENDMENT.
3. CUSTOMIZATIONS
3.1 In the event COMPANY requires Ability Commerce to perform software development to introduce new or modified existing software functionality, this is deemed as custom work which is quotable from Ability Commerce with Discovery. Contact sales@abilitycommerce.com for more information.
4. IMPLEMENTATION ASSISTANCE SERVICE HOURS AND CUSTOMIZATION WORK SERVICE HOURS.
4.1 In the event Implementation Assistance Service and/or Customization Service Work is quoted with hours to perform Work, the hours quoted are estimates based on Discovery with COMPANY to date and may be revised during the service project. The Work will be billed to COMPANY at the current Ability Commerce Professional Service hourly rate as quoted within.
5. TAXES.
5.1 Fees charged by Ability Commerce are exclusive of all taxes. COMPANY is responsible for the payment of all Taxes applicable to COMPANY’s use of the SERVICE when applicable.
6. NON-REFUNDABLE FEES.
6.1 Fees paid by COMPANY are non-refundable. Ability Commerce does not provide refunds or credits for any partial days, months or years and will not provide refunds to COMPANY, whether or not the COMPANY has logged in or used the SERVICE.
7. TRAVEL.
In the event COMPANY requests Ability Commerce to be on-site, COMPANY will pay for any travel expenses, including time and material, required by Ability Commerce.
