This Billing Policy is incorporated into the Compliantly. (“Compliantly”) Terms of Service and sets forth the billing terms and conditions that apply to your access and use of Compliantly's Software and services (the “Services”). If the Terms of Service and this Billing Policy conflict, the Terms of Service control.
1. General. Upon purchase of your Subscription Agreement, the Services will commence, and all corresponding payments will be due and owing, including a one-time onboarding fee to set up your Compliantly account (your “Account”). All prices are payable in USD.
2. Payment Instrument. All payments must be made using ACH or a valid credit or debit card issued by American Express, MasterCard, Discover, or Visa, which must be kept on file with your account (your “Payment Instrument”). Checks and cash, are not acceptable methods of payment. By providing your Payment Instrument to Compliantly, you certify that you are an authorized user of the account.
3. Billing Cycle. You authorize Compliantly to bill your method of payment in advance for the amounts, and you agree to pay any charges so incurred until the end of the Subscription Term (the “Subscription Term”). Billing periods typically begin on the day of the month your account was activated (“Billing Date”). Invoices and payment receipts are available upon request by contacting the Compliantly Billing Department at admin@Compliantly.io.
Failure to make full payment by the Billing Date may result in fees, charges, and assessments, as set forth in Section 6 (Fees) below. If you fail to make payment on your Billing Date or your Payment Instrument is declined, your access to your account will be temporarily suspended until your balance is paid in full. Compliantly will attempt to charge the Payment Instrument on file for 60 calendar days. If your account remains delinquent for 60 calendar days, the account will be canceled and turned over to a third-party collection service. You will not recover any data until the account is reinstated by paying off any remaining balances.
You will be automatically charged for your ongoing use of the CRM. All prices are payable in USD. Here is the breakdown of the CRM charges:
Making Calls: Per minute pricing as outlined in your plan
Receiving Calls: Per minute pricing as outlined in your plan
Text Messages: Per message pricing as outlined in your plan
EMail: Per 100 email pricing as outlined in your plan
6. Fees. Compliantly does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to our customers. In the event you fail to make complete payment by the Billing Date, you may be subject to the following fees, charges, and assessments:
Any payments that are past due will incur an interest charge at a rate equal to the lesser of (i) 1.5% per month or (ii) the maximum interest rate allowed by applicable law.
Any payments that are ten days or more past due will incur an interest charge at a rate equal to the lesser of (i) 10% per month or (ii) the maximum amount allowed by applicable law.
In the event Compliantly receives a chargeback from a credit card company or bank on your behalf, Compliantly may assess you a $50.00 processing fee for each individual chargeback.
Compliantly uses a third-party collection service or attorney to collect money owed to us by you, Compliantly may assess you a $15.00 processing fee, and you will be charged all reasonable costs and fees associated with such a collection, including, but not limited to, any third-party collection service’s fees, reasonable attorneys’ fees, and arbitration or court costs.
Any fees, charges, or assessments resulting from late payment or nonpayment will be considered liquidated damages intended to be a reasonable advance estimate of our costs resulting from such late payment or nonpayment. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments because we cannot know in advance whether you will pay for the Services on a timely basis, if ever, and what costs we will incur as a result of your late payment or nonpayment.
7. Billing Disputes. To dispute any charge related to the Services, you must contact Compliantly in writing at admin@Compliantly.io, within 30 days after the disputed charge is first incurred. You agree to refrain from disputing the charge with your credit card company or bank for 30 days after reporting the dispute to Compliantly, to allow Compliantly the opportunity to resolve the dispute. Should Compliantly receive a chargeback from a credit card company or bank on your behalf before Compliantly has been given 30 days to resolve the issue, Compliantly has the right to collect on the rendered services and any payments associated with the dispute.
In the event Compliantly receives a chargeback from a credit card company or bank on your behalf, Compliantly will immediately suspend the account pending the outcome of the dispute. Regardless of the outcome of the chargeback, Compliantly retains the right to collect on any rendered services or payments outstanding, and the account may be turned over to a third-party collection service.
If technical problems caused by Compliantly, as determined in Compliantly's sole reasonable discretion, prevent or unreasonably delay delivery of the Services, your exclusive and sole remedy is either replacement of the Services or refund of the last monthly payment.
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