IntelePeer has developed these IntelePeer Billing and Credit Policies to govern the obligations of the Parties associated establishing and maintaining credit and billing and disputing invoices for Services purchased under the Master Services Agreement (“Agreement”).
1. Credit. Prior to execution of this Agreement, IntelePeer may conduct a credit review of Customer to verify creditworthiness and establish a credit limit. From time to time as may be warranted by increased volume of business, payment history, or any other reason, IntelePeer may, at its sole discretion, modify the credit limit or require certain form(s) of security from Customer to continue Services, including without limitation prepayment. Customer will be notified by IntelePeer if prepayment is required. Upon notice, Customer must make payments in advance of receiving Services and is required to maintain sufficient funds in its account(s) to continue receiving Services. If funds in Customer’s account are nearing depletion, IntelePeer, at its sole discretion, may suspend or restrict Service without notice or liability. Customer may replenish the prepayment balance at any time, upon which IntelePeer will reinitiate Services when the funds have been received by IntelePeer.
2. Billing Terms. IntelePeer will initiate billing for the Services pursuant to the terms of the applicable Attachment(s). IntelePeer will invoice Customer monthly for the applicable month of Services, as set forth in the applicable Attachment. IntelePeer will send each invoice from firstname.lastname@example.org to the Customer’s email address provided.
2.1 Subscription Billing Terms. Regardless of payment frequency identified in the Order Form for any Subscriptions, IntelePeer will invoice Customer the last day of the month for (i) the upcoming month’s monthly Rates charges in advance, subject to any applicable Fair Use Policy; and (ii) any previous month’s non-recurring charges, Taxes, Additional Surcharges or overage charges as specified in the Order Form. IntelePeer will not pro-rate Subscriptions for any Services or Bundles, except as expressly set forth in the terms governing Subscriptions herein.
3. Payment Terms. Based on the credit review completed pursuant to Section 1, IntelePeer will establish the appropriate payment terms for the Customer, as follows:
- Prepayment: Customer will pay IntelePeer in advance for the following month’s Service(s) by ACH electronic funds transfer and wire transfer to the account information provided by IntelePeer on the invoice. To the extent the Customer’s actual charges for the month are more than the amount prepaid onto the account, IntelePeer may suspend Service(s) until the Customer submits additional payment onto its account.
- Net 30: Customer must make payments for the amounts invoiced to Customer for the preceding month of Service by ACH electronic funds transfer and wire transfer to the account information provided by IntelePeer on the invoice, no later than thirty (30) days from the date of invoice.
All invoiced amounts are due and payable by the due date set forth above, unless validly disputed pursuant to Section 5.
3.1 Subscription Payment Terms. To the extent Customer purchases any Services or Bundles as Subscriptions in the Order Form, Customer agrees to pay for the Subscriptions in advance for the Subscription Term, which will be on an annual basis unless the applicable Order Form sets forth a different payment frequency. Customer may order additional Services and Bundles under the Subscription at the same pricing and Subscription Term as the then-current Subscription by executing a supplemental Order Form during the Subscription Term. Customer will pay for any additional Services or Bundles ordered as part of the Subscriptions at the pro-rated portion of that Subscription Term remaining at the time of the order of the additional Services and Bundles. Termination of any Subscription is effective on the last day of the current Subscription Term, which means Customer will pay for its Subscriptions until the end of current Subscription Term regardless of the date of the termination notice.
4. Late Payments. IntelePeer reserves the right to impose a late payment charge on amounts not paid on or before the due date, in the amount of one and one-half percent (1.5%) per month compounded monthly, or the maximum rate allowable by law, whichever is less.
5. Disputed Invoices. Customer will provide written notice to email@example.com of any disputed charge, including sufficient detail and documentation reasonably requested by IntelePeer to efficiently resolve the dispute (“Dispute Notice”), within sixty (60) days of the date IntelePeer issues the invoice (“Dispute Period”). The Dispute Notice will not relieve Customer of its obligation to pay all undisputed amounts by the Due Date, and will not affect the termination or suspension rights of IntelePeer. If Customer does not provide the Dispute Notice within the Dispute Period, Customer will be deemed to have consented to the amounts charged on the invoice, and to have waived any right to dispute the invoice.
6. Taxes. Customer will pay all sales, use and excise taxes, as well as all regulatory surcharges, customs and duties assessed from any domestic or international jurisdiction due or payable upon the provision, sale or use of Services under this Agreement (“Taxes”). Unless Customer provides IntelePeer with sufficient written documentation, including, but not limited to, tax exemption certificates, reseller certifications, and copies of receipts of any such foreign taxes paid, Customer will be responsible for paying all applicable Taxes. In no event will IntelePeer be liable for any claims arising from, or in connection with, Customer’s failure to pay any taxes owed by Customer in any jurisdiction. Where taxes are based upon the location receiving the benefit of Services, Customer has the ongoing obligation to notify IntelePeer of locations if different than the Customer’s business address provided during the onboarding process, or if the location changes.
7. Rounding. Where applicable, IntelePeer will round the rated amount applied on a per call basis up to the nearest one one-hundredth (1/100) of a cent, which is 4 decimal places or .XXXX. For illustration purposes only, a per-minute Rate of $ 0.00018 would be rounded to $0.0002.