Customer shall pay all fees related to any services specified on, or relating to, any purchased products as identified in the Admin Profile under Subscriptions (each a “Customer Order”) in accordance with the terms of such Customer Order and this Pricing Policy. Behaviorsoft has no obligation to perform any service not expressly included on any particular Customer Order, unless the Parties enter into a fully executed written amendment to such Customer Order, or enter into a new Customer Order, for such services. Unless otherwise stated in a particular Customer Order, invoiced charges to Customer are due upon receipt. Customer is responsible for providing complete and accurate billing and contact information to Behaviorsoft and immediately notifying Behaviorsoft of any changes to such information. Any changes to contact or billing information must be updated directly on the platform or sent to contracting@Behaviorsoft.com.
b. Implementation Fees
Implementation fees, where applicable, are due on the date and in the amount specified in the Customer Order.
c. Subscription Fees
Subscription fees shall be due as set forth in the relevant corresponding Customer Order. Unless otherwise set forth in a Customer Order, all charges due in relation to any Customer Order are determined by reviewing the total number of user accounts that are active on the monthly billing anniversary date, multiplying the active seats by the applicable price per seat, and adding any support charges, additional services or additional products separately agreed upon in writing. If the Customer Order sets forth a different basis for billing, billing shall be in accordance with the terms of such Customer Order.
Customer must at all times ensure that any accounts that Customer does not wish to be charged for in any billing period are rendered inactive prior to the monthly billing anniversary date. The failure to inactivate, or the activation of, any account on the billing anniversary date shall result in charges and fees being incurred and due with respect to such account for such billing period (e.g., an account that is active on the billing anniversary date will be billed for that month).
d. Amendments to Fees
Upon each anniversary of the Effective Date of a Customer Order (without regard to the Term of the Customer Order), Subscription Fees may automatically increase, with sixty (60) days written notice to Customer, by seven percent (7%) compounding annually.
e. Data Import and Export Fees
Behaviorsoft may agree to accommodate requests from Customer to perform data imports and exports. Charges related to such projects will be calculated at a then applicable standard hourly rate, with a 2-hour minimum. No data import or export will be completed unless a separate Statement of Work is agreed and executed between the parties.
f. Custom Training and Support
Behaviorsoft offers custom training programs at a cost to be agreed upon via Behaviorsoft and Customer.
g. Payment and Payment Deadlines
Customer shall be charged by Behaviorsoft for the use of the Services, Customer’s Support Plan and any other services provided by Behaviorsoft to Customer (“Invoice”). Customer’s credit card will be charged by Behaviorsoft monthly on the billing date anniversary for the Invoice, unless otherwise agreed upon in the Customer Order. Customer hereby authorizes Behaviorsoft to initiate charges on Customer’s credit card for all purchased and related services, and any renewals without further approval. Customer’s payment is considered late if it is not received within thirty (30) days of the date of any relevant Invoice. Customer agrees that, for any payment not received within forty (40) days of the date of the Invoice, Behaviorsoft shall have a right to suspend or terminate Customer’s account. All amounts owed by Customer to Behaviorsoft shall be paid by Customer in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law or any amounts which Customer disputes in good faith in accordance with Section k of this Pricing Policy), and Customer shall bear the cost of any wire transfer, transmission, or other fees or expenses associated with the method of payment of any Charges.
h. Dispute of Invoice
If Customer elects to dispute the accuracy of any Invoice, it must do so in writing within thirty (30) days of the date of Invoice. If Customer fails to dispute the Invoice within this period, Customer waives its right to contest the accuracy of the Invoice and waives any defenses related to the accuracy of the Invoice in an action to collect the amounts due pursuant to the Invoice. If Customer disputes any portion of an Invoice, Customer agrees it shall be responsible for making timely payment on the undisputed portion of the Invoice and will cooperate with Behaviorsoft in good faith to promptly resolve such dispute. If Customer fails to make any undisputed payment when due then, in addition to all other remedies that may be available, Behaviorsoft may charge interest on the past due amount at the rate of 2% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law.
i. Collection Expenses
If Behaviorsoft incurs any fees or expenses related to the collections of any past due amounts, or cancellation, insufficient funds, or any similar instance related to method of payment, Customer expressly agrees it shall reimburse Behaviorsoft in full for said charges and expenses, including, without limitations, reasonable attorneys’ fees and costs associated with collections and related charges.
Behaviorsoft’s fees as specified in herein do not include any taxes, levies or other similar governmental assessments (“Taxes”). Customer shall be responsible for the payment of all Taxes associated with its purchases under the Service Agreement. Behaviorsoft is solely responsible for Taxes assessable against Behaviorsoft based on its income, property and employees.
K. Refund of Credits for Cancellation
Behaviorsoft will not refund or credit subscriptions for partial use, employee deactivation or organization account cancellation.
l. Postage Fees
Since postage rate increases are publicly announced by the United States Postal Service, Customer expressly agrees that Behaviorsoft will automatically apply the postage rate increase to all services impacted by the change without advance notice.