Effective Date: 01/06/2023
This payment policy (“Payment Policy”) forms part of and is subject to CommPeak’s Terms of Use (“TOU”) or other written or electronic terms of service or agreement between CommPeak Limited (“CommPeak“) and the customer (“Customer” or “User”).
For the avoidance of doubt, this Payment Policy is a legally binding agreement between the Customer and CommPeak.
By using and/or accessing CommPeak’s website, user portal, and/or any of CommPeak’s Services, Customer is deemed to have read, understood, accepted, and agreed to be bound by these payment procedures and policies (“Payment Policy”) upon the earlier of (a) Customer’s signing of Master Service Agreement; (b) Customer electronically accepting of CommPeak’s TOU during registration; (c) Customer’s use of CommPeak’s Website and/or our Services.
IF YOU DO NOT AGREE TO THESE TERMS OR ANY PART THEREOF, YOU SHOULD CEASE ALL USE OF OUR SERVICES.
1. Introduction
1.1. Definitions
All capitalized terms not defined in this Payment Policy shall have the meanings set forth in the TOU or other Service Agreements.
“Agreements” means any electronic or other agreement(s) entered by and between the Customer and CommPeak, including, but not limited to, TOU, Service Agreements, 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” a paying User.
“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. Charges and Payment
2.1. The charges for the provision of a Service rendered by CommPeak shall be set out on the Customer’s user portal, the Service Order and/or any other Service Documents.
2.2. Unless otherwise agreed in writing between the Parties, 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).
2.3. Acceptable forms of payment include Wire transfer (SWIFT, SEPA), PayPal, Credit Card (Visa/MasterCard), and Cryptocurrency (BTC, USDT, ETH) (collectively “Payment Methods”). Payment by paper check or cash is not acceptable.
2.3.1. Payment Methods availability varies by geographic region. Hence, depending on your location, you might not be able to use one or more of the Payment Methods offered by CommPeak.
2.3.2. The Customer may choose whether or not to use any of the Payment Methods offered by CommPeak. However, their Payment Methods are sourced from third-party providers. Each provider controls the terms and conditions that apply to its Payment Methods. The Customer hereby acknowledges and agrees that once it selects a Payment Method, the Customer accepts and agrees to the terms and conditions applicable to that. These terms and conditions may change from time to time, and the Customer must review these terms and conditions periodically. Moreover, the Customer hereby declares that it is aware of and complies with the requirements of its chosen Payment Method.
2.4. The Customer may be asked to provide certain Personal Data when making a payment. This Personal Data may include billing address, date of birth, payment method, credit or debit card number, bank account information, and any additional information required to process the transaction and verify the Customer’s identity. Personal Data will be collected, processed, and stored in accordance with CommPeak’s Privacy Policy and Data Processing Agreement, incorporated herein by reference.
2.5. CommPeak shall use the prepayments to furnish Services to the Customer.
2.5.1. The customer’s obligation to pay for Services and associated MRC and NRC fees shall begin at the start of the Service Date.
2.5.2. NRC will be automatically deducted from the Customer’s balance on a real-time basis.
2.5.3. For the MRC fee that begins after the first day of the month, such payments will be prorated for the initial billing period.
2.6. CommPeak shall provide the Customer with official invoices in accordance with the Customer’s preferred billing frequency as stated in the Customer’s account. The invoice will be sent to the Customer via email notice by email, as set by the Customer in its CommPeak Customer account, as well as made available to the Customer through CommPeak’s web portal.
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 for regularly accessing their account to track 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 operating expenses and other costs, including all applicable taxes and fees.
3. Fraudulent Activities, Fines, and Chargebacks
3.1. In the event that the 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 other such additional costs; this includes but is not limited to fines or penalties issued by upstream providers, governmental or regulatory bodies, telecommunication regulators or authorities, applicable taxes, and communications surcharges (e.g., pass-through carrier fees).
3.2. In the event that CommPeak incurs costs or expenses as a result of or in connection with: (i) a police request for information or evidence concerning the Customer’s use of the Services; (ii) a Court or other competent authority’s request and/or direction for the provision of information or evidence concerning the Customer’s use of the Services; or (iii) a demand from an upstream provider for information or evidence concerning the Customer’s use of the Services, CommPeak may automatically charge the Customer for any and all additional costs, or expenses incurred in connection with CommPeak’s efforts taken to timely and accurately respond to such requests.
3.3. CommPeak may hold funds from the Customer’s account to cover any chargebacks for the latter of the following periods: (i) 180 days following the effective date of termination of the Agreement; or (ii) 180 days from the date of the Customer’s last chargeback, whichever is later.
4. Payment Disputes
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 the 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. Refunds
5.1. CommPeak may refund the Customer for a prorated portion of any prepaid amounts for the Service(s) in the event the Customer terminates its account and cancels all Services after the Initial Term, with cause and in accordance with the terms of CommPeak’s TOU, Service Agreement, and/or other Service Documents (including, but not limited to Service Order and Service Schedule). Request refund should be sent, up to twenty-four (24) months from the date of last activity, via email to [email protected]. The request must contain specific information to allow CommPeak to identify the Customer.
5.2. In some instances, CommPeak may determine, at its sole discretion, that a full or partial refund should be issued to the Customer for specific 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”.
5.3. As stated in our TOU and Master Service Agreement, CommPeak reserves the right to modify, terminate or otherwise amend its Services at any time. In the event CommPeak terminates a Service, CommPeak may, at its sole discretion, either: (a) refund the Customer for a prorated portion of the prepaid amounts; refund the Customer for a prorated portion of the prepaid amounts for the Service modified, terminated or otherwise amended; (b) make available a prorated portion of the prepaid amount for the Customer to use it as credit toward one of the other Services the provided by CommPeak.
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 terminates its account without cause and before the end of the Initial Term as set out in the YOU and/or 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 (full or otherwise) in the event that:
5.7.1. CommPeak incurs costs or expenses as a result of or in connection with (i) a police request for information or evidence concerning the Customer’s use of the Services; (ii) a Court or other competent authority’s request and/or direction for the provision of information or evidence concerning the Customer’s use of the Services; or (iii) a demand from an upstream provider for information or evidence concerning the Customer’s use of the Services (iv) fines or penalties imposed on CommPeak as a result or in connection with the User’s account and/or use of CommPeak’s Services.
5.7.2. the Customer fails to provide CommPeak with any of the information or details needed for the refund to be processed; this includes but is not limited to, information pertaining to the Customer’s payment method.
5.7.3. any aspect of the Customer payment arrangement appears fraudulent, false, or misleading.
6. Inactivity Fees
6.1. If your account is inactive for a period of 12 consecutive months, and you did not convey to CommPeak that you wish to terminate your account and receive a refund, there will be a rolling inactivity monthly charge of $50 to reflect our efforts to continuously safeguard and accurately maintain Your data.
6.2. We will notify you via email before the first fee is deducted and a deduction is made every month.
7. Promotions
7.1. 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.
7.2. Promotions awarded are non-refundable and will expire up to 6 months from the issue date unless otherwise specified.
8. Security Deposit
8.1. If at any time during the term of the TOU and/or 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 supplying or continuing to provide the Services.
8.2. 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.
8.3. 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 initial value.
8.4. 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.
8.5. CommPeak shall not waive any of its rights or remedies by drawing upon the security deposit to recover overdue or unpaid charges.
8.6. 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 issuing any financial guarantee will be solely borne by the Customer and will not be recharged or reimbursed by CommPeak.
9. Termination and Suspension
9.1. CommPeak may temporarily suspend Customer and/or End-User accounts in accordance with the terms of CommPeak’s TOU, Master Service Agreement, and applicable Service Schedule and Service Order.
9.1.1. The Customer and/or End-User remain responsible for all fees and charges incurred through the date of suspension.
9.1.2. 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 is able to use, as well as applicable data storage fees and charges.
9.1.3. 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.
9.2. CommPeak may terminate Customer accounts with or without a cause in accordance with the terms of CommPeak’s TOU, Master Service Agreement, and applicable Service Schedule and Service Order.
9.2.1. 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.
9.2.2. In the event CommPeak terminates the Customer’s account for a cause, including violation of CommPeak’s TOU, Master Service Agreement, Service Schedule, Service Order, or any other agreements made and entered by and between CommPeak and the Customer, Customer shall not be entitled to reimbursement or refund.
9.3. 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, the Customer will not be entitled to a refund for any prepaid amounts.
10. Modifications
10.1. 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.
10.2. CommPeak shall notify the Customer of any substantive and/or material changes to the Payment Policy.
10.3. The Customer is, however, responsible for viewing our Payment Policy periodically.
10.4. The 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.
11. Severability
11.1. 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.
11.2. CommPeak reserves the right to make changes to its Website, Policies, and TOU at any time. If any of these conditions shall be deemed invalid, illegal, or unenforceable in any jurisdiction, such provision will be deemed amended to conform to applicable law so as to be valid, legal, and enforceable in such jurisdiction without altering the purpose and intent of the parties materially hereto; if such provision cannot be so amended, it will be stricken, and the remainder of this Agreement will remain in full force and effect unless the striking of such provision materially undermines the purpose and intent of the parties hereto, in which case this Agreement shall be null and void.
12. Disputes and Applicable Law
12.1. The Customer hereby irrevocably agrees 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.
12.2. 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 the exclusive jurisdiction and venue in these courts.
13. Miscellaneous
13.1. 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;
13.2. words importing the singular shall include the plural and vice versa, and words importing a particular gender shall include all genders;
13.3. 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.
13.4. 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.