Bluedot Billing Policy
This is the Billing Policy of Bluedot Industries, Inc., and Bluedot Industries Pty Ltd (“Bluedot”, “Company”, “us”, “we”, “our”), wholly owned subsidiaries of Bluedot Innovation, Inc.
This Billing Policy explains how we calculate, invoice, charge, discount, refund, and credit payments for licensing fees, white labeling fees, and other charges (collectively, “Fees”) that relate to the web sites owned by Bluedot, including, www.bluedot.io, www.bluedot.com.au and other subsidiary or related sites (“Site”), the Bluedot Point SDK, and other supporting or future software products offered by us (“Software”), and the supporting web service, Application Programming Interfaces, Bluedot Places, Point White Label, and other services or materials provided by us (“Services”) each as more fully defined in the published Bluedot Terms and Conditions, as in effect from time to time. This Billing Policy is subject to, and incorporates by reference, our licensing terms (“Terms”). Your use of the Software, Services, or Site will be deemed to be your agreement to abide by all of the terms set out below. Bluedot’s clients and partners are entities or individuals, such as companies or application developers, that use the Software, Services and Site to develop, distribute and manage mobile applications (“Client”, “Partner”, “You”, “Your”). Bluedot’s clients are not the individual end users (“End Users”) of applications developed by Clients and Partners.
1.1 Bluedot Plans
Bluedot charges annually, upfront for software licenses (“Plan”) with a set number of Locations (“Locations”), location-based actions per month (e.g. URLs opened, messages sent or ‘check-ins’ sent back to the server) (“Triggers”) or Monthly Active Users (MAUs).
1.2 Custom Plans
Bluedot may develop custom pricing plans (“Custom Plan”) or Terms for Clients and Partners with high expected Usage or with unique business needs. A Custom Plan may include only Locations, Triggers, or MAUs, or any combination of these. Custom Plans may require Bluedot to agree to and/or implement alternative arrangements to the standard Terms and this Billing Policy. Custom Plans will be established through the mutual agreement of Bluedot and the Client and/or Partner.
1.3. Plan Usage
Your Plan will apply based on Your Usage in a given month (“Billing Period”). The Fees for the selected Plan will be charged even if the Usage in the Billing Period is lower than the Usage limit of the selected Plan or the Usage limit of a lower Plan. You may move up to a higher Plan at any time, however, any change in Plan will be applied in the next Billing Period.
2. Overages and Upgrades
2.1 Overages on Trigger based Plans
The Fees charged for a Billing Period when Usage exceeds a given Plan (“Excess Triggers”) will be the total of:
- the standard price of the Plan that has been exceeded; and
- 3x the average per Trigger price of the Plan that has been exceeded for each Excess Trigger in that Billing Period (collectively “Overages”).
2.2 Upgrading your Plan
If you are charged an Overage for a Billing Period, you may elect to pay the Overage and continue on the existing Plan that was exceeded or you may upgrade to a higher Plan for the remainder of Your agreement (“Higher Plan”).
If you upgrade to a Higher Plan, then the Overages for the last Billing Period will be waived and the Fees for Higher Plan will be charged for the last Billing Period.
3.1 Your bill
An invoice summarizing the applicable Fees will be sent to Your registered email. Fees will be charged at the beginning of each Billing Period. New Clients and Partners will be charged a pro-rated amount on the applicable Plan for their first Billing Period. If a Client or Partner terminates their use of the Software and Services they must notify Bluedot in writing in accordance with the Terms and are liable for any outstanding Fees in full. The final billing period will not be prorated.
4. Right to make changes
4.1 Billing Policy changes
Bluedot reserves the right to make changes from time to time to the Fees and this Billing Policy. If it does so, it will provide at least 10 working days for the changes to apply or it may maintain their existing arrangements indefinitely or for a period of time (“Grandfathering”). Bluedot may, at its discretion, agree to alternative arrangements to the standard Terms and processes outlined in this Billing Policy.
4.2 Notifying you of changes
You agree to Bluedot contacting you, such as via Your registered email or telephone number, to discuss Your Payment Information, applicable Fees and other matters related to billing, payment or refunds.
5. Currencies, taxes, and third party fees and charges
5.1 Pricing currency
Fees are charged in US Dollars. Fees do not include taxes, levies, or other fees and charges that may be applicable in a given jurisdiction.
5.2 Other fees
A conversion fee or other fees and charges may be charged by Your bank, financial institution, or other third parties you interact with (“Third Party Fees”), including, but not limited to, fees related to payments that are made in currencies other than US Dollars. Bluedot does not charge, receive or control such Third Party Fees. Bluedot is not responsible for Third Party Fees in any way, including with respect to calculating, billing, charging, or refunding Third Party Fees. You agree it is Your sole responsibility to be aware of, manage, and pay Third Party Fees.
6. Failure to pay
6.1 Account Termination
If after 45 days, You fail to pay overdue Fees incurred during one or more Billing Periods, Bluedot may suspend or terminate Your Bluedot account and/or Your access to the Software and Services. Any suspension or termination does not relieve You from paying any overdue Fees that have been incurred in accordance with this Billing Policy and the Terms.
6.2 Recovery of Fees
If You fail to pay overdue Fees within thirty (30) days of having Your account suspended or terminated, Bluedot may seek to recover the Fees through a collection agency or seek legal action to recover the Fees or enforce our rights in accordance with this Billing Policy and the Terms. You agree that You will be liable for any costs associated with such recovery or legal action, including, but not limited to, legal fees, court costs, and collection agency fees.
7. Credits, questions & disputes
7.1 Credits to your billing
There may be occasions, in accordance with this Billing Policy and the Terms, that Bluedot will provide a credit for additional Services or Software. This will be considered, in consultation with You, on a case-by-case basis.
7.2 Billing questions
We are committed to handling any questions or complaints in an effective, transparent, and timely manner. Such enquiries should initially be sent to Bluedot (email@example.com) so that we are able to rectify breaches or errors.
End of Billing Policy