Credit Terms

These terms regulate any post-paid arrnagements agreed between you and Clickatell and incorporate the provisions of the Master Terms as a default.

1.1 These terms are subject to the Master Terms contained herewith and those terms are specifically incorporated herein where necessary.

1.2 Precedence. Should any term in this Service Annexure conflict with any term of the MSA, the provisions of this Service Annexure will, to the extent only of such conflict, prevail.

2. Post Paid terms

These arrangements are specific to post-paid accounts and the exact details can be discussed with your Clickatell Account Manager at any time.

2.1 Clickatell will confirm in writing whether your application for a credit facility was successful. Any approved credit facilities are subject to the following terms and conditions:

2.2 These terms and conditions are in addition to the Service Agreement between Clickatell and the Applicant.

2.3 In the event that these terms and conditions conflict with the Service Agreement, these terms and conditions will prevail to the extent of such conflict.

2.4 A minimum monthly usage volume of 1,00,000 message credits apply to post-paid accounts. Clickatell will invoice the Applicant the actual price of the total volume of message credits used by the Applicant during the relevant calendar month if the 1,00,000 threshold achieved, failing which, a minimum service fee calculated as 1,00,000 messages at your current pricing will be levied.

2.5 Clickatell will, in relation to all post-paid fees due by the Applicant, provide the Applicant with detailed monthly invoices. Clickatell may include on any invoice any amount for Services rendered not previously billed.

2.6 The Applicant may submit purchase orders to Clickatell in respect of any post-paid Services. The terms of this Agreement will prevail over any conflicting terms that may be contained in any such purchase order.

2.7 All invoices will be payable by the Applicant within 30 (thirty) days from date of statement (“Due Date”) by means of an electronic funds transfer into a banking account specified by Clickatell in writing.

2.8 Invoices not paid by the Due Date are subject to interest from the Due Date until paid. All fee shall accrue interest from the 31st day and continue until such fee along with all interest at the rate of two percent (2%) per month thereon is paid in full. Interest will be compounded monthly in arrears and calculated on a 365 (three hundred and sixty-five) day year factor, irrespective of whether or not the year is a leap year, or at the highest rate permitted by applicable law. In the event that Clickatell initiates collection proceedings for amounts due, the Applicant will be liable for all collection and other costs incurred by Clickatell, including but not limited to, reasonable attorneys’ fees whether or not litigation has commenced.

2.9 Clickatell may require the Applicant to pay a security deposit or for Applicant to supply it with a bank guarantee for the amount of the credit limit or such other amount as Clickatell deems reasonable in its own discretion from time to time.

2.10 Applicant must ensure that it does not exceed its credit limit as no services will be rendered by Clickatell if there is no credit available on the Applicant’s account. Applicant may make interim payments to Clickatell to avoid exceeding its credit limit.

2.11 In the event of any differences between Clickatell’s records and Applicant’s records regarding the services, Clickatell’s records will apply.

2.12 If the Applicant in good faith disputes any portion of any invoice, the Applicant will pay the undisputed portion prior to or by the Due Date and provide a separate written notice with adequate support for any disputed amount (“Claim”) within 30 (thirty) days after receipt of the relevant statement of account. Invoices may not be disputed after 30 (thirty) days of the date thereof. The parties agree to negotiate in good faith to resolve the Claim within 30 (thirty) days of Clickatell’s receipt of a Claim. Payment will not prejudice the Applicant’s right to dispute charges, so long as they are disputed in the manner and within the time specified in this clause 11. If the dispute is not resolved during this period, then either Party may seek resolution of the dispute in accordance with the provisions for dispute resolution in the Service Agreement.

2.13 The Applicant will not be entitled to set off any amounts, which may be owing to the Applicant by Clickatell from whatsoever cause arising, against any amounts owing by the Applicant to Clickatell. Notwithstanding the foregoing Clickatell will enjoy such right of set-off.

2.14 Clickatell reserves the right to review the Applicants credit limit from time to time and to adjust the credit limit in its own discretion once every calendar year with 60 (sixty) days written notice to the Applicant. The Applicant may request Clickatell to review its credit limit in circumstances where the Applicant experience an increase or decrease in service volumes and Clickatell may consider such request at its own discretion. However, Clickatell may suspend the Applicant’s credit facility forthwith, and on immediate written notice, in the event of suspension of Services for whatever reason, a negative change in Applicant’s credit status, Applicant’s breach of any material terms or termination of the Service Agreement.

2.15 The Applicant hereby consents that Clickatell may at any time during the term of the Service Agreement contact and request information from any persons, banks, credit bureau’s or businesses, including those mentioned in the application form in which these terms and conditions are contained and to obtain any information relevant to the Applicant’s credit status, including but not limited to, information regarding the amounts purchased from suppliers per month, length of time Applicant has dealt with such supplier, type of goods or services purchased and manner and time of payment. The Applicant agrees that Clickatell will not be held liable for the good faith disclosure of any information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.

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