Savings Plan Terms and Conditions

Savings Plan is one of the ways of contracting Azion Products and Services, subject to the terms of the Customer Agreement and other related documents. In this format, the Customer commits to pay a financial amount during the Effective Term (the “Purchase Commitment”) and can enjoy discounts on On Demand Prices published on the subscription date, in accordance with their Service Order (“On Demand Price Discount”), except on third-party products listed on the Azion Marketplace.

Azion will apply the On Demand Price Discount in accordance with the applicable discount table. This discount cannot be combined with any other discount (including those available on the Azion website). Azion will apply the discount during the Effective Term, provided that the Customer is in compliance 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 billing will use On Demand Prices, applying discounts, if any, from the highest discount percentage to the lowest.

1.2. The amounts paid in Purchase Commitment can only be used in the respective month, and cannot be used in subsequent months.

1.3. The rationale between Purchase Commitment and On Demand Price Discount may be readjusted annually according to the monetary correction indexes indicated in the Customer Agreement, guaranteeing the same volume of consumption available to the Customer.

1.4. Customer may, until halfway through the Effective Term, add amounts to their Azion account for use with Products and Services, complementing the amounts in the Purchase Commitment (“Supplementary Credits”), with the same discount percentages indicated in the Service Order, without changing the Purchase Commitment.

2. Renewal and Termination

2.1. A Service Order will be automatically renewed for equal periods at the end of the Effective Term, successively, unless one of the Parties opposes the automatic renewal, notifying the other at least 30 (thirty) days in advance of the end of the Effective Term, of in accordance with Section 3 of the Customer Agreement.

2.2. Each party may terminate the Service Order for cause upon 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 remedy any material breach that can be remedied.

2.3. In the event of cancellation and early termination of the Service Order without just cause at the initiative of the Customer, Azion will be entitled to receive all outstanding installments and also the amounts due as Purchase Commitment, in accordance with the Service Order, up to the end of the Effective Term.

3. Others Terms

3.1. In the event of non-compliance with any clause of the Customer Agreement, as well as any other contract or term agreed between the parties, including the Service Order, the Customer will be subject to disregard of the On Demand Price Discount and retroactive charge to the beginning of the Effective Term of consumed amounts ​​recalculated as On Demand consumption.

3.2. Customer is aware and agrees that the Products and Services will be subject to the On Demand Prices, billed monthly, when: (a) consumption exceeds the Purchase Commitment and any credits purchased or received; (b) use Products and Services that are not eligible for the On Demand Price Discount or that are not set out 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 divergence between the conditions defined here and in the Service Order, the provisions of the Service Order shall prevail.

4. Definitions

4.1. Added to the Customer Agreement Terms and Definitions:

  • Purchase Commitment - The minimum amount that the Customer undertakes to pay to Azion on the recurrence indicated in the Service Order. This amount can be used to consume any Azion Products and Services.

  • Total Purchase Commitment - The minimum total amount Customer commits to pay to Azion by the end of the Term.

  • On Demand Price Discount - The discount percentage listed on the Service Order, applied to On Demand Prices.

  • Billing Metrics - These are the metrics for accounting for the use of Products and Services, as defined in the Terms of Service.

  • Service Order - The document that defines the commercial conditions specific to the Savings Plan (“Plan Savings Service Order”).

  • Effective Term - This is the contractual term that the Customer chooses for the Savings Plan.

  • Eligible Products - These are the products that will receive the Discount on the On Demand Price, in percentages indicated in the Service Order.

  • Professional Services - These are contracted services, in the plans and quantities indicated in the Service Orders.

  • Due date - Due date for payments under the Purchase Commitment.

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