Inspekt Payment Terms
1. Payment Terms
- In addition to the QualNimbus Limited (“QualNimbus”) Website Terms of Service (the “Website Terms of Service”) that govern your use of the Site, Applications, Content, and Service, these supplemental Inspekt Payment Terms (the “Payment Terms”) constitute a legal agreement between you and QualNimbus Limited, governing your access to and use of our Inspekt Services as a paying customer.
- Terms defined in the Website Terms of Service shall have the same meaning when used in these Payment Terms, unless defined below.
2. Changes to Payment Terms
We may amend the Payment Terms from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Payment Terms periodically. By continuing to use the Services following such amendments to the Payment Terms, you agree to be bound by such amendments. If you do not agree to the Payment Terms, now or at any time, please do not use the Site, Applications, Subscription Plans, or any of the Paid Services, or if you are a current paying customer, notify us to stop your subscription and discontinue your service.
3. Minimum Requirements
To obtain or subscribe for Paid Services on or through www.qualnimbus.com (or any of the QualNimbus application sites such as https://inspekt.qualnimbus.com), you must provide certain registration information (more particularly set out in the Website Terms of Service) and obtain a QualNimbus account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. QualNimbus sells its services only to those users who can legally make purchases with a credit card or other valid form of payment accepted by QualNimbus.
4. Subscription Terms
- Payments, renewals and Subscription Plan changes
- By subscribing to a Subscription Plan, you authorize QualNimbus and/or its vendor(s) to charge the applicable recurring subscription fees to your designated billing payment method.
- Payments will be billed to you by QualNimbus and/or its vendor(s) in Hong Kong Dollars (HKD) (plus any and all applicable taxes, including without limitation VAT and GST) as per the applicable Subscription Plan, and your account will be debited when you subscribe and provide your payment information or at the end of a free trial period (if applicable) whichever is later.
- If the Subscription Plan was quoted in US Dollars (USD) on the QualNimbus web site or elsewhere, a conversion factor of 1 USD = 8.05 HKD will be used to convert the fees to Hong Kong Dollars. This conversion factor is subject to change without prior notice.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, QualNimbus and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- When you initially subscribe to a Subscription Plan, you will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription tier (the “Plan Fees”). Unless you notify us of your decision to terminate your Subscription Plan, your subscription will automatically renew at the end of each billing cycle at the then-current fee. Subscription Plans and their associated fees are typically automatically determined based on the maximum number of active users and transaction volume (e.g. Inspections and Audits booked) in the month prior to the billing date. In any period, active users will be considered to be any users in the system with a status of Active any time during that period.
- You will be charged in advance for the renewal term of the Subscription Plan on your applicable billing date (the “Charge Date”). Each charge of Plan Fees on the applicable Charge Date applies to the subscription period immediately following the Charge Date (e.g., the month immediately following the Charge Date).
- As the products and services evolve, we may inform you about other QualNimbus services. You may be offered other services, products, or promotions by QualNimbus. In such cases, additional terms and conditions and fees may apply.
- Starting the second billing date, you will also be charged for transactions performed (the “Transaction Fees”) in the system for the month prior to the billing date based on actual transactions in the system. The price per transaction to compute Transaction Fees will be as per the applicable transaction fee in the Subscription Plan.
- You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Site.
- Billing authorizations for free trials
- From time to time we may offer free trial accounts for our Subscription Plans. You may be required to provide an applicable billing payment method to register for a free trial offer to a Subscription Plan. In that event, you agree that QualNimbus Limited may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue the Subscription Plan. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and QualNimbus Limited will not be responsible for any results, such as an overdraft fee, that may occur to your account as a result of such authorizations.
- At the end of the free trial period, you will have to provide a valid payment method (to be retained on file) to be able to continue using the application services.
- Cancellation of a Subscription Plan
- To close your account and discontinue service, you will need to send us a written request to email@example.com requesting service termination.
- Once you have cancelled your subscription, QualNimbus Limited will suspend the auto-renew from your applicable payment method until and unless you re-subscribe. All of the fees paid and charges made prior to termination are non-refundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
- In the event of subscription cancellation or suspension or termination or discontinuance of service mid billing cycle, the Plan Fees will not be refunded. You will also get a final invoice that contains the Transaction Fees covering the period from the last Charge Date to the date of service termination.
- You agree that QualNimbus Limited, in its sole discretion, with or without prior notice, may freeze or terminate your Subscription Plan for any reason, including, without limitation, if QualNimbus Limited believes that you have violated these Payment Terms or the Website Terms of Service. QualNimbus Limited may also in its sole discretion, and at any time, modify or discontinue providing any Subscription Plan, or any part thereof, with or without notice. Additionally, you agree that QualNimbus Limited shall not be liable to you or any third-party for any interference with, or termination of, your access to the Subscription Plan.
- Once a subscription is cancelled, without any commitment or obligation to such, QualNimbus may at its sole discretion maintain all of your system tenant (database) information for a period of thirty (30) to ninety (90) days. If you decide that you wish to re-enable your account during this period, you will need to send us an email outlining this request at firstname.lastname@example.org. If at such time your system tenant information has not been deleted, QualNimbus will re-enable the subscription to your account. On re-enabling the subscription your account will be reactivated with the benefits associated with the then-current Subscription Plan (and its associated fees). If your system tenant information has been deleted at the time of your request, a new tenant will be created for you – and under these circumstances, QualNimbus will be under no obligation to recover or restore any deleted information from your previous system tenant.
5. Price Adjustments
- We may increase the price payable for any Subscription Plan, effective the first day of a renewal term by giving you notice of the new pricing at least thirty (30) days before the beginning of the renewal term. If you do not cancel your subscription, you shall be deemed to have accepted the new pricing for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
- If during usage of the system, your maximum number of users in the month prior to the billing date change to where it places you in a different Subscription Plan, you will automatically be placed in the applicable Subscription Plan (automatically upgraded or downgraded, as applicable) and the fees will be updated to reflect the new applicable fees of the new Subscription Plan at the then-current fee structure.
- In case your Subscription Plan is downgraded, any reductions in fees become effective on the next renewal term without any pro rata refunds for the period covered under the then preceding subscription period.
6. Accessing Our Services
- We make every effort to ensure that our Services are always available, but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
7. Dispute Resolution
QualNimbus Limited and you agree to arbitrate all disputes and claims pursuant to the Website Terms of Service.
Last Updated: 18-Mar-2021