(a) Customer will pay for the Service pursuant to one of the following payment plans, as listed in Customer’s Signup:
(i) "Pay-as-You-Go Plan": Customer pays for such Service as it uses, and Pacswitch may charge fees hourly or daily (or at such times as it chooses).
(ii) “Prepaid Plan”: Customer pays monthly, or on such other prepayment period as is listed in Customer’s Signup, for a package of Service listed in Customer’s Signup (Customer’s “Service Package”). Payment is due before the start of each prepayment period, including renewed prepayment periods. Customer will pay overage fees in the event that it exceeds its Service Package during any hour, as calculated by Pacswitch pursuant to its standard policies, and Pacswitch may charge overage fees daily (or at such times as it chooses). Customer may increase (“Upgrade”) its Service Package through the Pacswitch customer portal, pacswitch.net (the “Customer Portal”). Additional charges will go into effect upon Upgrade, and Pacswitch may charge a prorated increase in Service fees for the payment period during which the Upgrade occurs, on a daily basis (or at such times as it chooses). Each Prepaid Plan will renew automatically at the end of its prepayment period. If the prepayment period is one month or less, Customer may cancel the Prepayment Plan on 30 days’ advanced written notice. If the prepayment period exceeds one month, Customer may cancel the Prepaid Plan at any time during the first 30 days of a renewed prepayment period, and if Pacswitch has already charged Customer for such period, it will refund the fees, prorated to deduct for the time between start of the prepayment period and cancellation. Customer will provide notice of cancellation through the Customer Portal. A cancelled Prepaid Plans will automatically revert to a Pay-as-You-Go Plan (unless this Agreement is simultaneously terminated).
Fees for Optional Services are in addition to fees for Pay-as-You-Go Plans and for Prepaid Plans. Pacswitch may bill Customer separately, on a monthly or other periodic basis, for Optional Features, pursuant to Pacswitch’s standard policies.
(b) Customer will pay Pacswitch’s standard fees for the Service, including for Optional Features, as such fees may be revised from time to time. However, if Customer and Pacswitch agree to alternate fees in Customer’s Signup, or in a Statement of Work for consulting-related Optional Features, such alternate fees will apply until the end-date specifically listed in the Signup or Statement of Work, or if no end-date is listed, for 1 year. Thereafter, alternate fees will revert to Pacswitch’s then-standard fees. Customer will pay any set-up or other fees required pursuant to Pacswitch’s standard policies. Customer will make all payments in U.S. dollars. Pacswitch is not required to issue refunds or credits except as specified in this Agreement. Without limiting the generality of the foregoing: (i) fees for Pay-as-You-Go Plans are non-refundable, and so are fees for Prepaid Plans, except as specifically set forth in Subsection 2(a)(ii) above; and (ii) no credit will entitle Customer to a refund. Promotional credits and SLA credits issued by Pacswitch may not be used to pay for Optional Features, and no credit issued by Pacswitch may be used for Third Party Products and Services.
(c) Customer will notify Pacswitch of any billing dispute, providing details regarding the nature of the dispute and the amount, within 15 days of the date on the invoice in question, or waive such dispute. Any payment not received when due will, at Pacswitch’s option, bear interest at a rate of 1.5% per month from the date due until paid, to compensate Pacswitch for the time-value of the unpaid fees. In addition, Pacswitch may charge a late fee of $19.99 per week, as liquidated damages, starting on the first day after any payment is due. Such liquidated damages compensate Pacswitch for administrative expenses related to unpaid fees.
(d) Service fees for Pay-as-You-Go Plan accounts and overage fees for Prepaid Plans apply regardless of the cause of the Service usage or overage, even if caused by hacker activity or other third party actions. Pacswitch is not required to issue or provide a roll-over of Service (memory or data) to a future month, a credit, or any other refund in the event that Customer under-utilizes its Service Package.
(e) Customer will maintain a valid credit card on file at all times. Pacswitch may charge such card for Service fees or other fees on the first business day prior to any payment due-date. Customer will update credit card information as necessary in the Customer Portal. If any charge attempt is denied, Pacswitch may interrupt Service without advanced notice but will make reasonable efforts to provide such notice.