PingWise Business Terms

1. What this is and who may buy it

These Business Terms ("Business Terms") are between Alexandros Kyrlis (Αλέξανδρος Κυρλής του Γεωργίου), a sole proprietorship registered in Greece trading as Netlayer, Eleftheriou Venizelou 31, 16675 Glyfada, Greece, General Commercial Registry no. 008078401000, VAT no. EL121157554 ("Netlayer", "we"), and the business on whose behalf the owner of a PingWise account buys the PingWise Business plan ("you"). The Terms of Service, the Privacy Policy, the Refund Policy, the Acceptable Use Policy and, where it applies, the Data Processing Agreement continue to apply. Where these Business Terms and the Terms say different things about the Business plan, these Business Terms prevail; where the Order Form says something different again, the Order Form prevails on price, allowance and term.

The Business plan is for businesses. You may not buy it as a consumer. The person buying confirms that they are authorised to bind you.

2. Words used in these Business Terms

• Plan: the PingWise Business plan described in section 3.
• Order Form: the record of your Plan: the Fee, the Allowance, the Term and the way you pay. Paid by card, it is the offer shown on the Credits page of the application that you accept there; paid by invoice, it is the one-page order form we send you and you accept by email or signature.
• Term: the 12 months the Plan is paid for, from the start date in the Order Form.
• Allowance: the number of credits added to your account on the first day of each month of the Term.
• Fee: the price of the Plan, stated per month before VAT and billed yearly, twelve months at a time.
• Business day: Monday to Friday, except public holidays in Greece.

3. What the Plan contains

1. The Allowance. On the first day of each month of the Term we add the Allowance to your account as Business plan credits. They are used after the free monthly credits and before bought credits, they expire at the end of that month and do not carry over, and they stop when the Term ends. They are not refundable, transferable or convertible to money. Bought credits are unaffected and follow the Terms.
2. The Service. Everything the Terms describe, at the rates in the Terms, paid from the Allowance first.
3. Priority support, as in section 6.
4. The service commitment, as in section 7.
5. Anything else the Order Form lists as part of your Plan. Features we add to the Plan later, as published on the pricing page, are included from the day we publish them.

4. Fee, payment and tax

1. The Fee is the monthly amount in the Order Form, before VAT, billed yearly in advance. The pricing page shows the current Fee for new Plans; your Fee does not change during a Term.
2. Paid by card. The Plan is a yearly subscription that Link, LLC sells and charges as seller of record, like credit packs under section 5.2 of the Terms: Link adds the tax that applies where you are, charges your card for the year, issues the receipt or invoice and handles the payment. The Plan renews for another year on the day the Term ends, and Link charges the then-current Fee for new Plans, unless you cancel before that day. You cancel at any time from the Credits page of the application or on Link; a cancellation takes effect at the end of the paid year.
3. Paid by invoice. The Plan is sold by Netlayer itself. We issue the invoice for the year at the start of the Term; you pay it by bank transfer within 14 days of its date. Greek VAT applies to customers in Greece and to customers in the European Union without a valid VAT number; a business in another EU country with a valid VAT number is invoiced under reverse charge; a customer outside the EU is invoiced without VAT. Thirty days before the Term ends we send the invoice for the next Term at the Fee then current for new Plans; the Term renews for another 12 months unless you tell us by email, before it ends, that you do not want it to. If an invoice is unpaid 30 days after its due date, we may, after a reminder, pause the Allowance until it is paid.
4. We tell you by email at least 60 days before a Term ends if the Fee for the next Term will be higher.

5. Refunds and ending early

1. Within 14 days of a yearly card charge, or of paying an invoice, you may cancel the Plan. The Plan then ends at the end of the calendar month in which you cancel, and we refund one twelfth of the yearly Fee for each month of the Term that has not started on the day you cancel, counting months from the Term’s start date: through Link for a card payment, by bank transfer for an invoice. The Allowance already added stays yours.
2. After those 14 days the Plan runs to the end of its Term and the Fee is not refunded, except where section 8 says so. As a business you have no consumer right of withdrawal.
3. If Link refunds or reverses a yearly charge, the Plan ends on the day of the refund; the Allowance already added for started months is not taken back.

6. Priority support

Support requests from your account are marked as Business and handled first. We answer each request by the end of the next Business day after we receive it, through the application or by email to the address it came from. An answer is a reply from a person who has looked at the request; it is not a promise that the matter is solved by then. We do not offer telephone or round-the-clock support.

7. Service commitment

1. What we commit to. In each calendar month, the application at app.pingwise.com, the API and alert delivery are available at least 99.9% of the time. Alert delivery means handing an alert to the provider of the channel you chose (your email provider, Slack, Telegram and so on); what happens after that hand-off is outside our commitment.
2. How we measure. From our own monitors of those three parts, which also feed our public status page. A confirmed incident counts for its duration; incidents that overlap count once.
3. What does not count. Maintenance we announced on the status page at least 48 hours ahead, up to 4 hours a month; unavailability caused by your own configuration, network or providers, or by the provider of your alert channel; a suspension of your account under section 14.2 of the Terms; and events outside our reasonable control.
4. Service credits. If a month falls below 99.9%, you are entitled to service credits worth 10% of that month's share of the Fee, converted at €5 per 1,000,000 credits (for a Fee of €249 a month: 4,980,000 credits). We add them to your account as credits that do not expire, within 10 Business days of your request, which you may make within 30 days of the end of the month in question; we may also add them without a request. One grant per month at most. Service credits are the only remedy for the availability of the Service and are never money.

8. Ending the Plan

1. By you: under section 4 (cancellation before renewal) or section 5 (within 14 days). Deleting your account ends the Plan without a refund beyond section 5.
2. By us: at the end of a Term, by telling you by email at least 60 days before it ends that we will not renew; or at once under section 14.2 of the Terms, in which case there is no refund.
3. When the Plan ends, the Allowance stops; bought credits and your account continue under the Terms.

9. Data, security and questionnaires

The Privacy Policy and, where it applies, the Data Processing Agreement govern your data, as for every account; the Plan changes nothing in them. Once per Term we answer one written security or compliance questionnaire of up to 50 questions, in writing, within 15 Business days of receiving it, from the information we publish and the practices in section 8 of the Privacy Policy.

10. Liability, changes, law and the rest

1. Sections 11, 12 and 13 of the Terms apply, except that the service commitment in section 7 replaces the words "we do not currently offer a service level agreement" for your Plan. Our total liability towards you under these Business Terms and the Terms together is the amount in section 12 of the Terms or the Fee you paid for the current Term, whichever is higher.
2. We may change these Business Terms. For changes that reduce your rights or add obligations we email you at least 30 days before they take effect; they apply to your Plan from its next renewal unless you agree earlier. Sections 16, 17 (Greek law, courts of Athens) and 18 of the Terms apply.
3. These Business Terms exist in English and Greek; the English version governs. Notices to us go to [email protected]; notices to you go to the email address of your account's owner.

Contact

Alexandros Kyrlis, trading as Netlayer
Eleftheriou Venizelou 31
16675 Glyfada, Greece
General Commercial Registry no. 008078401000 · VAT no. EL121157554
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