Article 5. Plans – Financial Terms
We offer various options to our Clients, including free and paid plans, with or without a fixed commitment period. You can find these options and the relevant pricing on our website at: https://niceoutreach.com
The pricing of these plans is available in US Dollars.5.1 Free plans
Free plans are non paid subscriptions subject to use restrictions (maximum limits to the number of daily and monthly emails and support ticket requests, restriction on API calls, etc.); these use restrictions are set forth on our Website.
You may at any time terminate your free plan or upgrade to a paid plan.5.2 Paid plans ("Email warm-up" & "Email outreach")
Paid plans are without any fixed-term commitment and have lower use restriction limits than the self-service free subscriptions. Premium features can also be added to these plans.
Your paid subscription shall be due and payable either on a monthly or yearly basis in advance from the date of your first paid subscription and will be automatically renewed thereafter on the same basis, subject to the full payment in advance of the fees due. You may not re-subscribe to the same paid monthly plan within twenty-one (21) days for the same account.
You may at any time terminate Your paid self-service plan. We nevertheless draw your attention to the fact that Vendosoft shall not reimburse You the unused fees paid for a started month or year, even on a pro rata basis; it is then Your responsibility to anticipate the termination of Your plan to make it effective at the most convenient time.
Payment may be made by credit card, or direct debit. You authorize Vendosoft to charge the credit card or bank account You provide to Us for any and all costs and amounts that You owe Us for the Services.5.3 Paid plans "Sales engagement"
"Sales engagement" paid plans have a fixed-term commitment (generally set to 12 months), even lower use restriction limits than our other paid plans and offer more custom solutions. Premium features can also be added as well as Assistance Services.
When You subscribe to an "Sales engagement" paid plan, the financial conditions that are applicable to You (fees, schedule and payment terms) are set forth on the Specific Terms signed by You. Fees for the Service consist of a fixed fee (« Minimum Annual Fee ») and a variable fee («Variable Fee »), if any, depending on the volume of emails processed on behalf of Client. Unless otherwise stated, the Minimum Annual Fee is non-cancelable and non-refundable for any reason whatsoever.
Us or Yourself may terminate the plan at the end of each term (anniversary date), by giving prior a three (3) month notice. You will remain responsible to pay all amounts due to Us until the termination effective date. In the absence of such a termination, the plan shall be automatically renewed for the same fixed term, and You shall be invoiced according to the initial schedule payment not including any overage charges.
Service Provider or Yourself may also terminate the plan in advance in the event the other Party materially breaches the Agreement and fails to cure such material breach within thirty (30) calendar days after receipt of a notice of such breach, sent by certified mail, return receipt requested. Notwithstanding the foregoing, termination may be immediate in the event of the following circumstances: Client’s non-compliance with the Anti-Spam Policy in accordance with provisions of Article 6.3 of these present Terms; in the event of a breach of any laws and regulations ; in the event of a breach or attempted breach of the security of the Website; or, in the event of fraud or attempted fraud in connection with use of the Website or the Service.5.4 Common provisions for all paid plans
The plan fees do not include the cost of equipment and Internet access enabling use of the Service, the costs of which shall be borne by You.
Client Account Services fees, if any, are specified on the purchase order and/or the special terms. They do not cover, and You agree to separately reimburse Us for all out-of-pocket expenses incurred by Us in connection with the Client Account Services including: (i) travel expenses, including airfare, car rental and travel time exceeding four hours per week; (ii) accommodation expenses, including the cost of hotels; (iii) meal expenses, including breakfast, lunch, and dinner; (iv) translation and/or interpretation services; and, (v) costs of materials. Client Account Services fees shall be invoiced when the purchase order is signed. They are non-cancelable and non-refundable.
Any delay in payment (i) will allow us to recover and without notice late interest, any collections fees and other amounts as allowed by law and (ii) may immediately, after notice, temporarily suspend access to and use of the Service and/or terminate your subscription. All amounts payable are quoted excluding taxes. You shall pay any and all taxes imposed by any government on the amounts payable for the Services, or reimburse Us in the event We have paid such amounts, for which You are personally responsible.
Vendosoft reserves the right to change the Services fees by notifying You by email with at least a thirty (30) day notice. If You do not accept the new fees as notified to You, You shall cease all use of the Services on or before the last day of the monthly period already paid at the date of the notification and terminate your plan. For fixed term plans, the fees applicable are the ones in force on the date of your order; the new fees will be applicable to You only on the renewal date of your plan.
You agree not to seek Vendosoft's liability and not to dispute payment for the sending of Your emails, even in the event any of them are blocked by a third party and do not reach their recipient as You would have desired.