This payment policy (“Payment Policy”) forms part of, and is subject to, the master service agreement (“Master Service Agreement”) or other written or electronic terms of service or agreement between CommPeak Limited (“CommPeak“) and the customer (“Customer” or “User”) who is a signatory to a Service Order and/or Service Schedule for certain services (collectively “Services“) provided by CommPeak.
This Payment Policy is a legally binding agreement between the Customer and CommPeak.
IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY PART THEREOF, YOU SHOULD CEASE ALL USE OF OUR SERVICES.
All capitalized terms not defined in this Payment Policy shall have the meanings set forth in the Master Service Agreement.
“Agreements” means any electronic or other agreement(s) entered by and between the Customer and CommPeak, including, but not limited to Master Service Agreement, Service Order and Service Schedule.
“CommPeak” means a company incorporated under the laws of Hong Kong, registration number 1691980, having its principal place of business at 1906 Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong.
“Customer” has the meaning set forth in the Master Service Agreement.
“MRC” means monthly recurring costs and charges.
“NRC” means non-recurring costs and charges.
“Services” means the generally available services offered by CommPeak as described in the Order Documents and procured by Customer, and any other services provided by CommPeak to the Customer, including but not limited to support and technical services, including those services existing today and to be developed later.
“User” means any individual or entity that directly or indirectly through another user accesses or uses CommPeak’s Website and/or Services.
“Website” means the website resources and domain credentials owned and managed by CommPeak, which includes web pages and multimedia content, accessible via an IP network such as the internet or LAN.
2.1. The charges for the provision of a Service rendered by CommPeak shall be set out on the Service Order and/or any other Service Documents.
2.2. Unless otherwise stated in the Service Documents, the Customer shall pre-pay to CommPeak for the provision of a Service(s) in accordance with the terms and conditions set out in this Payment Policy by way of prepayment(s).
2.4. The prepayments shall be used by CommPeak to furnish Services to the Customer.
2.4.1. Customer’s obligation to pay for Services and associated MRC and NRC fees shall begin on the Start of Service Date.
2.4.2. NRC will be automatically deducted from the Customer’s balance on a real time basis.
2.4.3. For the MRC fee that begins after the first day of the month, such fees will be prorated for the initial billing period.
2.5. CommPeak shall provide the Customer with official invoices in accordance with the Customer’s preferred billing frequency as stated in the Customer’s account. Invoice will be sent to the Customer via email notice by email, as set by the Customer in its CommPeak Customer’s account, as well as, made available to Customer through CommPeak’s web portal.
2.6. If Customer’s use of CommPeak’s Services causes CommPeak to incur additional costs, fines, or penalties, Commpeak may automatically charge the Customer for any and all additional costs, fines, or penalties incurred. This includes, but is not limited to fines or penalties issued by governmental or regulatory bodies or telecommunications, applicable taxes and communications surcharges (e.g., pass-through carrier fees).
2.7. CommPeak reserves the right to issue billing adjustments to Services, including but not limited to error corrections and/or re-rate of traffic details, for a period of one hundred eighty (180) calendar days after the date a Service is rendered or any other timeframe allowed by contract, law, or government rule or regulation, whichever is later. Billing adjustments shall be accompanied by supporting call logs, CDRs or other reasonable information reflecting the error or absence in the initial charges.
2.8. The Customer is responsible to regularly access its account to keep track of its balance.
2.8.1. In the event the prepayment amount reaches $/€0 (as applicable), CommPeak may immediately suspend all Services.
2.8.2. A prepayment replenishment (“Top-Up”) shall be deemed accepted only upon the receipt of funds by CommPeak.
2.9. CommPeak reserves the right to change any of its fees and charges, at any time by posting a new pricing structure to CommPeak’s Website and/or by sending a written notice by email, as set by the Customer in its CommPeak Customer’s account.
2.10. All fees and charges are exclusive of any applicable taxes, levies, duties, or other similar exactions imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively, “Taxes”).
2.11. All fees and charges are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). The Customer shall be liable for all or any Communication Surcharges payable to any third-party arising out of or in connection with the Customer or End-User use of the Services.
2.12. For the avoidance of doubt, it is hereby agreed that the Customer shall be responsible for its own operating expenses, and other expenses, including all applicable taxes and fees.
3.1. Acceptable forms of payment include Wire transfer (SWIFT, SEPA), PayPal, Credit Card (Visa/MasterCard) and Cryptocurrency (BTC, USDT, ETH).
3.2. Payment by paper check or cash is not acceptable.
4.1. If Customer, in good faith, disputes the amount of any charge, Customer must notify CommPeak in writing of the disputed charge within seven (7) days and provide documentation reasonably required to resolve the dispute.
4.2. After expiry of the above period, the Customer is deemed to have accepted the correctness of the charge and the Customer shall have waived its right to dispute those charges.
4.3. For the avoidance of doubt, the Customer’s payment obligations are non-cancelable and ALL FEES AND CHARGES, ONCE PAID, ARE NON-REFUNDABLE.
5.2.In certain cases, CommPeak may determine, at its sole discretion, that a full or partial refund should be issued to the Customer for certain phone calls which were interrupted, not completed, or experienced audio quality issues (“Call Quality Refund”). Call Quality Refunds will be issued in the form of a credit toward the next user-initiated “Top-Up”.
5.4. Refunds may take up to 90 days to appear on the Customer’s account.
5.5. All costs incurred by the refund process shall be deducted from the refunded sum.
5.6. In the event the Customer terminate its account without cause and before the end of the Initial Term as set out in the Master Service Agreement, the Customer shall not be entitled to a refund or credit
5.7. For the avoidance of doubt, the Customer will not be entitled to a refund in the event:
5.7.2. If any aspect of your payment arrangement appears to be fraudulent, false or misleading.
6.1. From time to time, CommPeak may offer promotional bonuses for a specific period without payment or at a reduced rate (“Promotions”). CommPeak may determine your eligibility for Promotions and withdraw or modify Promotions at any time without prior notice and with no liability, to the extent permitted under applicable law.
6.2. Promotions awarded are non-refundable and will expire up to 6 months from the issue date, unless otherwise specified.
7.1. If at any time during the term of the Master Service Agreement there is a material and adverse change in the Customer’s financial position, business prospects or payment history, Commpeak, in its sole and reasonable discretion, may demand that Customer provide CommPeak with a security deposit or increase the amount of a security deposit, as the case may be, as a condition of providing or continuing to provide the Services.
7.2. In the event that the Customer does not respond to CommPeak’s request for a security deposit within twenty-four (24) hours, CommPeak may suspend Services without further notice until such requirement is met.
7.3. CommPeak may draw upon the security deposit at any time to recover any amounts due and unpaid, in which case the Customer shall immediately replenish such security deposit to its prior value.
7.4. In the event that CommPeak draws upon the security deposit, it may, with written notice, suspend the provision of Services until the Customer replenishes the security deposit to its original value.
7.5. CommPeak shall not waive any of its rights or remedies by drawing upon the security deposit to recover overdue or unpaid charges.
7.6. For the avoidance of doubt, the Parties hereby acknowledge and agree that a deposit or other financial guarantee provided to CommPeak will not generate any interest capitalization, whatever the duration of the concerned financial guarantee. Further, the costs related to the issuance of any financial guarantee will be solely borne by Customer and will not be recharged to or reimbursed by CommPeak.
8.1.1. The Customer and/or End-User remain responsible for all fees and charges incurred through the date of suspension.
8.1.2. Throughout the duration of the suspension, the Customer remains responsible for any and all applicable fees and charges for Services to which it continues to have access and/or able to use, as well as applicable data storage fees and charges.
8.1.3. In the event that CommPeak invokes its right to suspend the Customer’s right to access or use any or all of CommPeak’s Services and the Customer subsequently resolves the issue, CommPeak may charge the Customer reconnection fees.
8.2.1. In the event that CommPeak terminates the Customer’s account without cause, CommPeak shall refund the Customer a prorated portion of any prepaid amounts for the Service.
8.3. CommPeak may terminate any Customer account which has been inactive for twenty-four (24) or more months. In the event CommPeak terminates an inactive Customer’s account, Customer will not be entitled to a refund for any prepaid amounts.
9.1. CommPeak reserves the right, in its sole discretion, to revise or modify this Payment Policy at any time, and the Customer agrees to be bound by such revisions or modifications.
9.2. CommPeak shall provide notice to the Customer of any substantive and/or material changes to the Payment Policy.
9.3. The Customer is however responsible for viewing our Payment Policy periodically.
9.4. Customer’s continued use of CommPeak’s Services after an amendment or modification of these Terms has been made will constitute acceptance of the revised Payment Policy.
10.1. This Agreement is the entire agreement between you and CommPeak regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement.
11.1. The Customer hereby irrevocably agree that Payment Policy and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales without regards to its conflicts of laws provisions.
11.2. The English courts will have exclusive jurisdiction over any dispute or claim arising from, or related to, your use of our Website and/or Services and you consent to exclusive jurisdiction and venue in these courts.
12.1. In this Payment Policy:
12.1.1. unless otherwise stated, a reference herein by numerical or alphabetical designation to an Article, Section, Subsection, Paragraph, Subparagraph, Annex or Appendix shall refer to the Article, Section, Subsection, Paragraph, Subparagraph, Annex or Appendix bearing that designation in or to the Payment Policy;
12.1.2. words importing the singular shall include the plural and vice versa and words importing a particular gender shall include all genders;
12.1.3. the necessary grammatical changes required to make the provisions of the Payment Policy apply shall in all instances be assumed as though in each case fully expressed.
12.2. The division of the Agreement into Articles, Sections, Subsections, Paragraphs, and Subparagraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Agreement.