Business Plan Subscriber Terms
Last updated: June 26, 2024
This Business Plan Subscription Agreement ("Agreement") is an addendum to the General Terms and Conditions, referred to herein as "Terms", established by Simbase Global Group B.V. ("Simbase"). By subscribing to the Business Plan, the subscriber ("Subscriber") agrees to be bound by the terms of this Agreement, which supplement and, where specified, supersede the Terms.
1. Description of the Business Plan
1.1 Subscription Benefits:
Discounted Data Rates: The business plan provides subscribers with discounted data rates corresponding to what is shared in the dashboard or website publicly. Any changes are communicated to the subscriber at all times.
Priority Support: As a Business Plan subscriber, you receive Priority Support, a service that ensures your inquiries and support tickets are placed at the forefront of our response queue. This prioritization reflects our commitment to providing you with swift, dedicated assistance, minimizing downtime and enhancing your operational efficiency. With Priority Support, your requests are always treated with the highest urgency. Our dedicated support team is alerted the moment your inquiry arrives, and your issues are addressed as our top priority. This means faster resolutions, immediate attention from our skilled technicians, and a direct line to advanced support resources. Support includes, please refer to our Support Handbook.
Customer Success Access: Includes an initial onboarding call upon subscribing to the Business Plan. Follow-ups are permitted if deemed appropriate by our customer success team. Ongoing customer success support is available upon request after thirty (30) consecutive days of subscription. Re-subscription resets the priority of requests, prioritizing long-term Business Plan subscribers.
1.2 Eligibility:
The Business Plan is accessible to all Simbase customers. Subscription to the Business Plan supersedes any prior agreements regarding pricing and services, except as explicitly stipulated in designated exceptions communicated by Simbase.
2. Fees and Payments
2.1 Daily Fees:
The daily fees for the Business Plan are determined based on the Subscriber's region and the applicable discounts for coverage options. Any adjustments to these fees will be communicated to Subscribers at least two weeks in advance.
2.2 Billing Method:
The daily fees for the Business Plan will be automatically deducted from the Subscriber's pre-funded account balance. Subscribers are responsible for ensuring that sufficient funds are available in their account to cover these daily fees.
2.3 Billing Cycle and Timing:
The billing of daily fees will occur once per day, with the fees being deducted from the Subscriber's account balance. If the Business Plan is canceled, Simbase reserves the right to deduct the daily fees for any day on which the plan was active, including the day of cancellation. The Business Plan becomes active immediately upon subscription to the service.
By subscribing to the Business Plan, the Subscriber agrees to these terms and the automatic deduction of daily fees from their account balance.
3. Opt-In and Opt-Out Procedures
3.1 Starting the Subscription:
Subscribing to the Business Plan is available on the platform for both Admin and Finance user roles. By granting accounts these roles, the Subscriber acknowledges and approves that these users have the authority to subscribe to additional services, including the Business Plan.
3.2 Cancellation Process:
Canceling the Business Plan subscription is available on the platform for both Admin and Finance user roles. By granting accounts these roles, the Subscriber acknowledges and approves that these users have the authority to cancel the subscription.
Immediate Cancellation: The cancellation of the subscription is effective immediately upon execution.
Billing on Cancellation Day: If the cancellation occurs before the billing process for that day has been executed, the day will still be considered billable for the subscription.
By subscribing to the Business Plan, the Subscriber agrees to these procedures for opting in and opting out, and acknowledges the authority of Admin and Finance users to manage the subscription.
4. Modifications to Service
4.1 Service Changes:
Simbase reserves the right to modify the terms of the Business Plan, including but not limited to the prices of data rates and the structure of the plan itself, at any time. Such modifications may also encompass changes to the countries and networks included in the service offering. Simbase is committed to maintaining or enhancing the overall service quality whenever feasible.
Notification of Changes: Subscribers will be notified of any changes to the data rates, plan structure, or service coverage via email and in-platform notifications at least two weeks prior to the implementation of such changes.
Cancellation Rights: Subscribers retain the right to cancel their Business Plan subscription at any time. Upon cancellation, subscribers may either revert to the default data rates or discontinue the service entirely. Charges for the day of cancellation will still apply as per the continuous service provision detailed in Section 3.2.
By continuing to use the Business Plan after any modifications have been communicated, the Subscriber agrees to be bound by the updated terms.
5. Subscription-Specific Terms
5.1 Discount Application:
The discounts associated with the Business Plan are applied to the data rate for the specific coverage plan chosen under the subscription. All data usage will be billed in kilobytes (KB) at the agreed-upon discounted rates.
5.2 No Minimum Commitment:
There is no minimum commitment required for subscribing to the Business Plan, except for the initial day of activation. Subscribers may cancel the plan at any time, with charges applicable for the day of cancellation as per the continuous service provision.
5.3 Fair-use:
The Business Plan is designed to support businesses with ongoing needs for connectivity and support without commitment limitations. However, to prevent misuse of the discounted rates, the following fair use policy applies:
Resubscription Interval: Subscribers can only resubscribe to the Business Plan after a period of thirty (30) days following cancellation.
Seasonality Consideration: This policy allows businesses experiencing seasonal fluctuations to pause their subscription as needed, while ensuring the integrity of the discount benefits
6. Termination and Suspension
6.1 Simbase's Rights:
If a Subscriber's account maintains a negative balance for more than seven days, Simbase retains the right to cancel the Business Plan subscription. During the period in which the account balance is negative, costs associated with the Business Plan will continue to accrue and must be paid once the account balance is restored to a positive status.
Continued Charges: The Business Plan subscription will continue to incur daily fees even while the account balance is negative. These fees must be settled when the account returns to a positive balance.
Non-Automatic Suspension: The subscription is not automatically paused when the account balance is negative. It is the Subscriber's responsibility to manage their account balance and ensure timely payments to avoid disruption in service.
By subscribing to the Business Plan, the Subscriber acknowledges and agrees to these terms regarding termination and suspension due to a negative account balance.
7. Legal and Compliance
7.1 Governing Law:
The terms and conditions of the Business Plan subscription are governed by the same laws as those specified in the General Terms and Conditions of Simbase. The governing law is outlined in Section 20 of the General Terms and Conditions.
7.2 Dispute Resolution:
Disputes arising specifically from the Business Plan subscription will be handled in accordance with the dispute resolution procedures outlined in the General Terms and Conditions. This includes initial resolution attempts through customer support, followed by mediation, and if necessary, escalation to arbitration or litigation as detailed in Section 20 of the General Terms and Conditions.
7.2 Integration with General Terms:
These Business Plan subscription terms are intended to supplement the existing General Terms and Conditions of Simbase Global Group B.V. In the event of any conflict between these subscription terms and the General Terms and Conditions, the General Terms and Conditions will prevail.
***
IN WITNESS WHEREOF, the Subscriber acknowledges and agrees to the terms set forth herein upon subscribing to the Business Plan. This Agreement becomes effective upon the Subscriber's acceptance of these terms.