Billing Policy

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Billing Policy

MOSYLE MANAGER BILLING POLICY

Effective date: August 25, 2016


This statement sets forth the Billing Policy of Mosyle Corporation (“Company”) for those of the customers of our software Mosyle Manager available on http://manager.mosyle.com (“Mosyle Manager”) who elects to purchase our Premium Package (the “Premium Package”). Although we do not wish to be overly formal in our relationship with our customers, we have found it to be useful to address in some detail the terms of our billing procedure. The below stated Mosyle Manager Billing Policy (“Policy”) remains subject to the Terms of Service which appears on http://manager.mosyle.com/legal/terms (“TOS”). Capitalized terms that are not otherwise defined herein have the meaning ascribed to them in the TOS. In this Policy, the words “you” and “your” refer to each Mosyle Manager customer, visitor or user; and “we”, “us” and “our” refers to the Company; and “Services” refers to all services provided by us through Mosyle Manager. Pursuant to the TOS, your usage of the Premium Package constitutes your acceptance of this Policy, and all Premium Package customers must comply with this Policy.


BILLING FOR MANAGED DEVICES

Billing under the Premium Package is charged based on the number of Managed Devices. For the purposes of this Policy, the term “Managed Devices“ includes all the mobile devices that were enrolled on the customer account on Mosyle Manager and which received any remote command through or originating with Mosyle Manager (automatically or manually) during the billing period. Except with respect to a “Proper Removal”, as defined below, a device shall be considered a “Managed Device” even if the profile on the enrolled device which enabled such remote communication was manually removed from the device or the device was formatted or wiped after the enroll.

To remove a device from the list of Managed Devices and to avoid further charges under the Policy for a specific Managed Device, you, through an authorized Administrator user, must log in to Mosyle Manager, click on the Management tab on the bottom bar, select “Device Info” on the menu, select a device and click in “Remove device / Remove MDM” (a ”Proper Removal”).


MONTHLY SUBSCRIPTION

You can subscribe to the Premium Package on a recurring monthly basis. For recurring monthly subscriptions to the Premium Package, the only payment method accepted by the Company, regardless the number of Managed Devices, is a valid credit/debit card that you have registered on Mosyle Manager. Subscription billing is based on the availability of products and services, not based on usage.


All monthly recurring subscription premium accounts are setup on a prepaid basis, and payment must be received by the Company before any billable product or service is provided/activated. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file. Payment receipts will be emailed to the Administrator user who had provided the credit/debit card details and concluded the subscription. On the Subscriptions area, Administrators can find the invoices, receipts, and the list of charged Managed Devices for the last 12 months.


Invoices are generated, and the credit/debit cards are automatically charged, on the first day of each month (billing period) and will include the prepaid value for the month for all Managed Devices on customer's account for that month plus the value of the Managed Devices added during the ended month and not previously charged. All Managed Devices will be billed for the entire month during which such Managed Devices are removed pursuant to a Proper Removal or enrolled, regardless of the actual number of days such Managed Devices actually remotely communicate with Mosyle Manager.

For the first month of recurring monthly subscriptions to the Premium Package, the following rules will be applied:


- If the subscription is made before or on the 20th day of the month, the Company will charge the full price per device for the subscription month regardless of the number of days that such Managed Devices actually remotely communicate with Mosyle Manager. Company will not prorate the cost of unused days;

- If the subscription is made after the 20th day of the month, the Company will not charge for the remainder of that month and the first billing period will start on the first day of the following month.


On each billing date, the Company will invoice and charge the customers based on the largest number of Managed Devices on the billing date.


Cancellation of Monthly Subscription: Customers must cancel their monthly subscription to the Premium Package at least ten days prior to the Company’s next scheduled billing date to avoid being charged for the month to which the invoice issued on such billing date. In the event of the cancellation of a monthly subscription, the Company will provide the cancelling customer with continued access to the Premium Package features through the end of their final billing period. The Company will not prorate or refund any portion of the subscription fees.


CANCELLATION OF THE CREDIT CARD THAT CUSTOMER HAS REGISTERED WITH THE COMPANY AND TO WHICH SUBSCRIPTION FEE BILLING IS TO BE BILLED IS NOT A PROPER MANNER OF TERMINATING CUSTOMER’S SUBSCRIPTION TO THE PACKAGE. The extent that the Company’s final invoice to a customer who cancels their monthly subscription does not reflect the actual number of Managed Devices being used by the cancelling customer, the Company will generate a supplemental invoice and will charge the credit card registered with the Company for all Managed Devices that were not included on the initial invoice.


ANNUAL SUBSCRIPTION

Customers may also subscribe to the Premium Package through an annual subscription (“Annual Subscriptions”).
For annual subscriptions, the following payment methods are accepted based on some conditions: - Credit/Debit Card: for all customers and number of devices. Customers are required to keep a valid credit/debit card on file to applicable charges.
- Check or Wire Transfer: only for customers based and legally established in the United States and for accounts with more than 200 devices.

Subscription billing is based on the availability of products and services, not based on usage. Annual Subscriptions to the Premium Package are setup on a prepaid basis, and must be received by the Company before any billable product or service is provided/activated.

On the Subscriptions area, Administrators can find the invoices, receipts, and the list of charged Managed Devices for the preceding twelve months.

The Company will charge you for all Managed Devices added during any specific subscription year based on a pro-rated cost calculated according to the number of months in any subscription year during which month the Managed Device was capable of communicating with Mosyle Manager regardless of whether the Managed Device did, in fact, effect any such communication. For these Managed Devices, invoices will be generated automatically on the first day of each month.

You agree that, for administrative convenience, and without waiving any rights that the Company may have, the Company may defer sending an invoice until the accrued fees owed by the Customer with respect to Managed Devices and related charges exceed thirty dollars.

For customers paying using credit/debit card, the card will be automatically charged. If the Company is not able to collect the outstanding fees owed by a Customer by charging the Customer’s credit/debit card associated with a customer’s account, and such delinquency continues for more for more than fifteen days from the date on which the Company initially charged the credit/debit card, the Annual Subscription of the Premium package will be automatically converted to the "Frozen" status, as explained in further detail below.

For customers paying by Check or Wire Transfers, an invoice will be automatically generated and sent to all Administrators with the payment terms.

Ex: On August 1st, 2016 a customer subscribed a Premium Package for 300 devices and paid $ 5.50 (example) per device, with the total of $ 1,650.00. The subscription will expire on July 31st, 2017. In December (any day of the month) the customer added more five devices, so on January 1st, 2017 Mosyle will automatically invoice the customer and charge a rate of 1/12 of the full annual price per month until July 31, 2017, per device. So in January 1st, 2017 the credit/debit card will be charged on $ 3.66 per device or $ 18.30. After this payment, the customer will have the right to use the Premium features and services for 305 devices until July 31st, 2017.

Mosyle will not prorate refund for Managed Devices removed after the payment.

If the customer wants to replace devices, it's important to remove a device before enrolling a new one to avoid any charges. To remove a device from the list of Managed Devices and avoid charges, the customer must proceed a Proper Removal.

Automatic Renewal of Annual Subscription: Between 45 and 15 days prior the end of an Annual Subscription period for a Premium Package, a Customer (through an Administrator user) can navigate to the Subscriptions area and opt to cancel and not renew the Premium subscription for the next year, adjust the number of devices or payment method for the next year or switch to monthly plan. If any change on prices is applicable, Mosyle will email all the administrators and place alerts on the system.

If the Customer fails to cancel or modify the Annual Subscription for the Premium Package, as described above, prior to the fifteenth day preceding the expiration date of an existing Annual Subscription, then, Mosyle will automatically renew the Annual Subscription for the Premium package based on the number of Managed Devices verified on that day. For customers paying by credit/debit card, Mosyle will automatically charge the credit/debit card for the amount of the renewed subscription fee. For customers paying by Check or Wire Transfers, Mosyle will email for all Administrators the invoice with the payment terms.

In the event that a Customer who elects to cancel or modify an Annual Subscription of a Premium Package, as set forth above, adds new Managed Devices in the month preceding such cancellation or modification, Mosyle will generate an invoice and charge the Customer for the additional Managed Devices to the extent that such add on Managed Devices were not previously invoiced.

Frozen Status: For the cases when an invoice is not paid on the due date for customers paying with Check or Wire Transfer, or when Mosyle is not able to charge the credit/debit card for more than 15 days, Mosyle will suspend the Customer’s Premium Package subscription and convert it to a “Frozen Status”. The 15 days period is counted from the date of the first debt and the period is not cumulative.

During the period of “ Frozen Status”, the Customer will not have access to the Premium features or services, and will only have the right to use the free features of Mosyle Manager for all Managed Devices. During the first 15 days of Frozen status the paid period will not be consumed and with the total payment of all the pending values, the customer will be able to continue enjoying Premium features and services for the same period initially paid. In this case, the days on Frozen Status before the first 15 days will be compensated and automatically added to the expiration date. If the debts are not totally paid before the first 15 days of Frozen Status, the paid period for the Premium package will be regularly consumed during the Frozen Status even considering the customer will not have access to Premium features and no days will be added to the initial expiration date.

The operation of the “Frozen Status” restriction, as set forth above, is shown in the below examples:

Case 1: The annual subscription of the Premium Package was made on August 1st, 2016 and the expiration date is July 31st, 2017. In October 1st, 2016 Mosyle invoiced the customer for ten devices added in September 2016 but did not receive any payment so, on October 16th, 2016 the subscription was converted to Frozen and the customer will have the access to the Premium Package features and services suspended. After 10 days of Frozen status, the customer pays the pending values. The account will immediately return to Active status with access to all premium features and ten days will be added to the final expiration date, which now will be August 10th, 2017.

Case 2: The annual subscription of the Premium Package was made on August 1st, 2016 and the expiration date is July 31st, 2017. In October 1st, 2016 Mosyle invoiced the Customer for ten devices added in September 2016 but did not receive any payment. Therefore, on October 16th, 2016, the Customer’s Premium Package subscription is converted to Frozen Status, and the Customer will have no access to Premium Package features during the Frozen Status period. After twenty-five days of Frozen Status, the Customer pays the pending charges for the additional devices. Upon Mosyle’s receipt of such payment, the Customer will immediately be returned to active Premium Package status with access to all premium features. No days will be added to the Premium Package subscription term as a result of the “Frozen Status” period.

BILLING DISPUTES

Each Mosyle customer agrees to provide Mosyle 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Mosyle receive a chargeback from a third-party credit/debit card company or bank on the customer's behalf before Mosyle has been given a chance to resolve the issue, Mosyle has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Mosyle, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Mosyle retains the right to collect on any Services or fees that are due. Mosyle may submit any disputed amounts to a collection agency. Once a chargeback has been received, Mosyle has the right to suspend the account until the matter is resolved.


REFUNDS

Subscription fees are nonrefundable and will not be prorated at any time.