Savings Plan Terms and Conditions
Terms and Conditions related to the Savings Plan
Savings Plan is one of the ways of contracting Azion Products and Services, subject to the terms of the Customer Agreement and related documents. Under this format, the Customer commits to paying a financial amount during the Effective Term and may enjoy discounts, in accordance with their Savings Plan Service Order, except for third-party products listed on the Azion Marketplace. These discounts cannot be combined with any others (including those available on Azion’s website). Azion will apply the discounts during the Effective Term, provided that the Customer complies with the Customer Agreement and any other terms and agreements established between the parties.
1. Calculation of Consumption and Payment
1.1. Consumption will be calculated monthly, and the invoice will be based on the On Demand Price as of the Start Date of the most recent Savings Plan Service Order. If applicable discounts exist, they will be granted from the highest to the lowest percentage.
1.2. The Monthly Purchase Commitment and the invoice will be calculated on a pro rata basis in the first and last month of the Effective Term of the Savings Plan Service Order.
1.3. The amounts paid in the Monthly Purchase Commitment can only be used in the respective month and cannot be used in subsequent months.
1.4. The rationale between the Monthly Purchase Commitment and the On Demand Price Discount may be adjusted annually based on the monetary adjustment indexes indicated in the Customer Agreement, ensuring the same volume of consumption remains available to the Customer.
1.5. The Customer may, up to halfway through the contracted Effective Term, add funds to their Azion account for use on Products and Services, supplementing the amounts of the Monthly Purchase Commitment (“Supplementary Credits”), with the same discount percentages indicated in the Service Order, without changing the Monthly Purchase Commitment.
2. Renewal and Termination
2.1. The execution of a Savings Plan Service Order terminates and replaces any other Savings Plan Service Order in effect. This replacement does not release the Customer from the payment of any amounts due under the previously active Service Order up to the Start Date of the new one.
2.2. Either party may terminate the Service Order for cause by written notice if the other party is in material breach of its contractual obligations, provided that the breaching party has thirty (30) days from receipt of the notice to cure any remediable material breach.
2.3. In the event of cancellation and early termination of the Service Order without cause by the Customer, Azion will be entitled to receive all past-due installments, as well as all future installments that would have become due under the Service Order through the end of the Effective Term.
3. Other Terms
3.1. If the Customer breaches any clause of the Customer Agreement, or any other contract or term agreed between the parties, including the Service Order, the On Demand Price Discount may be disregarded, and Azion may retroactively charge amounts recalculated as On Demand consumption from the beginning of the Effective Term.
3.2. The Customer acknowledges and agrees that Products and Services will be subject to the On Demand Price, invoiced monthly, when: (a) consumption exceeds the Monthly Purchase Commitment and any credits acquired or granted; (b) using Products and Services not eligible for the On Demand Price Discount or not listed in the Service Order; or (c) after the Effective Term, there is no automatic renewal or execution of a new Service Order.
3.3. In case of conflict or inconsistency between the conditions defined herein and those in the Service Order, the provisions of the Service Order shall prevail.
4. Definitions
4.1. The following are additions to the Terms and Definitions in the Customer Agreement:
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Monthly Purchase Commitment – The minimum amount the Customer commits to pay Azion on a monthly basis. This amount can be used to consume any Azion Products and Services.
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Total Purchase Commitment – The total minimum amount the Customer commits to pay Azion by the end of the Effective Term.
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On Demand Price Discount – The discount percentage listed in the Service Order, applied to the On Demand Price.
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Start Date – The start date of the Effective Term of the Savings Plan Service Order
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Billing Metrics – The metrics used to measure usage of Products and Services, as defined in the Terms of Service (https://www.azion.com/en/documentation/agreements/tos/).
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Savings Plan Service Order – The document that defines the specific commercial terms of the Savings Plan.
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Effective Term – The contractual period selected by the Customer for the Savings Plan.
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Eligible Products – The products that will receive the On Demand Price Discount, in the percentages indicated in the Service Order.
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Professional Services – The contracted services, in the plans and quantities specified in the Service Order.
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Due Date – The due date for payments under the Monthly Purchase Commitment.