4. Price and Payment
4.1 Fees. In consideration of the Services provided, Customer will pay Infinity Mobile all fees due according to the prices and terms listed on this website. Infinity Mobile reserves the right to modify its pricing and terms at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with and/or without notice to Customer. All payments are NON-REFUNDABLE.
4.2 Taxes. All fees are exclusive of all federal, state, and/or other governmental sales, goods and services, value-added, harmonized or other taxes, fees or charges. Customer shall be responsible for all sales, goods and services, value-added, harmonized or other taxes, fees or charges.
4.3 Billing Policies and Cycles. All billing invoices and payment notifications will be maintained directly in Customer's Account Portal. The billing cycle begins on the day Customer converts to a paid store (the "Billing Date") and is due on that day each month, partial year or year thereafter, depending on the Service plan selected and billing terms for individual Services.
4.4 Payment. A valid credit card is required for accounts to process payment. Infinity Mobile will automatically charge Customer's credit card on file based on Customer's billing cycle (monthly, partial yearly or yearly, depending on the Services selected and billing terms for individual Services) until Customer validly terminates the Services. Fees for prepaid Services are based on Services purchased, regardless of actual usage and payments made for such Services are NON-REFUNDABLE. Infinity Mobile does not provide refund for Customers that do not use their account.
4.5 Unpaid Accounts. If payment is not received within 30 calendar days of the billing date, Infinity Mobile will automatically revoke access to Customer's account. Infinity Mobile may or may not contact Customer directly to notify Customer of its unpaid account. Accounts past due over 90 days will automatically be deactivated.
4.6 Disputed Charges/Billing Inquiries. It is Customer's obligation to review all charges for accuracy. Customer has 30 days from the date of billing to contact Infinity Mobile and/or dispute the charge. Failure to do so within the specified time frame will constitute Customer's agreement that all charges are valid and Customer thereby waives any claims it may have had regarding such charge.
4.7 Upgrades. Should Customer elect to upgrade its prepaid Services or if such Services are automatically upgraded pursuant to the last sentence of this Section 4.7, the Billing Date of the next renewal period will remain the same; however, Customer will be billed immediately for the pro-rata portion of the upgraded Services fee for the remainder of the current billing period. For example, if a month-to-month customer is billed on June 14th for monthly prepaid Services from June 14th to July 13th, and such Customer's account is upgraded effective on June 30th, then such Customer will be charged immediately for the pro-rata usage of the upgraded plan from June 30th to July 13th. On July 13th such Customer will be charged for the full monthly fee amount of the upgraded plan.
Downgrades. Should Customer elect to downgrade its prepaid Services, the downgrade will take effect on the commencement of the next renewal period. In other words, Infinity Mobile DOES NOT provide credits or refunds on downgrades that are effective during the applicable billing period (whether such period is a month, quarter or year). For example, if a month-to-month customer is billed on June 14th for prepaid Services from June 14th to July 13th and such customer downgrades the prepaid Services effective on June 30th, then the downgrade will take effect on the next billing date, i.e. July 14th.
4.8 Cancellations. Infinity Mobile Services will continue in effect until Customer validly terminates the Services.
Customer must notify Infinity Mobile of its intent to terminate prepaid Services at least 5 calendar days before the billing renewal date. If notice is not received before such date, such Services will automatically renew for the subsequent renewal period. For example, if a month-to-month customer is billed on June 14th for monthly prepaid Services from June 14th to July 13th and such customer provides a valid notice to terminate its account on July 11th, Customer will automatically be charged for prepaid Services from July 14th to August 13th and the prepaid Services will terminate on August 13th. If the same customer provides notice to terminate its account on July 8th, then the account will terminate on July 13th and such customer will not be charged for any further prepaid Services on such account.
4.9. All prices in tenders, quotations and/or orders are exclusive of VAT, unless expressly indicated otherwise by Infinity Mobile. The Client will be the sole responsible to abide by the relevant VAT and other applicable tax provisions relating to the Services ordered.
4.10. Invoices are payable within thirty (30) days of receipt and without discount unless otherwise stated on the invoice. All invoices not paid on due date, shall automatically and without prior notice, result in contractual interest at the rate of 3% per month from the due date, with a minimum fee of 100 Euros.
4.11. In addition to Section 4.2. of the present Terms and Conditions the Client will have to pay a fixed and irreducible compensation of 15% payable on the outstanding invoice amount, without prejudice to the delay interest referred to in the previous Section 4.2. of the present Terms and Conditions, as well as any applicable charges and court fees.
4.12. The non-payment of any invoice when due, authorizes Infinity Mobile to demand immediate payment of the integral, outstanding balance from its debtor and provides Infinity Mobile the right to cancel all current orders unilaterally without any formal requirements. Such cancellation does not prejudice Infinity Mobile's right to obtain compensation.
4.13. Payments made in advance by the Client will be calculated within the price of the order.
4.14. The (fixed and variable) prices and fees used by the Operators might be subject to change, without any prior notification. In such case Infinity Mobile shall preserve the rights to impose new prices to the Client, even without warning.
4.15. Netting between undisputed amounts due between the Parties in the context of this Agreement shall be possible. Unless otherwise agreed, Parties shall be allowed to proceed with netting or any other form of compensation between undisputed amounts that Parties owe to each other under this agreement and any other amounts.