TERMS AND CONDITIONS
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The CUSTOMER explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
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Our invoices are payable immediately, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, ERPIZO reserves the right to request a fixed interest payment amounting to 3% of the sum remaining due. ERPIZO will be authorized to suspend any provision of services without prior warning in the event of late payment.
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In the event CUSTOMER fails to pay the invoiced amount in full within
five (5) days from the first of each month for monthly hosting services and/or
thirty (30) days from the due date of the invoice for all other billed services,
CUSTOMER may be required to pay ERPIZO, and solely at the discretion of ERPIZO, a fee
of one-and-one-half percent (1½%) of the amount of the invoice for
administrative costs plus interest at rate of one-and-one-half percent (1½%)
per month, or maximum rate allowable in your state, such payment is delayed.
- CUSTOMER shall reimburse ERPIZO for all costs associated with the
recovery of unpaid balances hereunder, including without limitation, collection
agency fees, attorney fees and court costs.
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If a payment is still outstanding more than sixty (60) days after the due payment date, ERPIZO reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the CUSTOMER.
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Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the CUSTOMER to the tax authorities. Under no circumstances can ERPIZO become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to ERPIZO in its entirety and does not include any costs relating to the legislation of the country in which the CUSTOMER is located.
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ERPIZO undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. ERPIZO cannot under any circumstances, be required by the CUSTOMER to appear as a third party in the context of any claim for damages filed against the CUSTOMER by an end consumer.
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Either Party may
terminate one or multiple Subscription Orders for convenience with effect as of
the end of the Initial Term or a Renewal Term by ninety (90) days written
notice to the other Party.
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No reduction in the
number of Subscriptions can be made within an Initial Term or Renewal Term. CUSTOMER can, however, add a new product, application, or service at any time
during the Initial Term or Renewal Term but cannot be removed during the Term.
Subscription count can be changed on the anniversary date of the Initial Term or
Renewal Term with the same ninety (90) day prior notice as referenced in T&C #8.
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In order for it to be admissible, ERPIZO must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
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All our contractual relations will be governed exclusively by United States law and the State of Texas.