3. Odering and Delivery

3.1
You agree that authorization to Use the Software is based upon, and subject to, the order made by You or on Your behalf. ENERUNI will provide access to the Software as a cloud service only in accordance with the Subscription Plan selected, ordered and paid. Unless otherwise stated, ENERUNI will crawl or monitor Service usage data related to Customer's account for billing and administrative purposes, to provide support and investigate fraud, abuse or any violations of the Agreement. You consent to ENERUNI and its Affiliates processing such data where ENERUNI or its Affiliates maintain their administrative, support and investigation personnel. You will be invoiced by ENERUNI or its Affiliate depending upon billing information You provide at the time of ordering for the Services. The invoice currency will be USD or converted local currency depending upon the prevailing local regulation in this regard.
3.2
Certain Subscription Plans may be available for offline ordering and invoicing, including through Authorized ENERUNI Channel Partner or a ENERUNI Affiliate depending upon Your billing information. If You are placing Your order directly to ENERUNI, You will be invoiced by ENERUNI. If You are ordering through an Authorized ENERUNI Channel Partner or a ENERUNI Affiliate, You will be invoiced by such channel partner or ENERUNI Affiliate. You consent to lawful use, disclosure, processing and transfer of your account information, including billing information and Subscription Plan by ENERUNI, its Affiliates and their respective third party service providers and Authorized ENERUNI Channel Partner solely to provide You with the Services and process Your payments. Any terms that may appear on a Customer's order form (including without limitation pre-printed terms), or as part of Customer's order with an Authorized ENERUNI Channel Partner or ENERUNI Affiliate, that conflict or vary from the terms and conditions of this Agreement shall not apply to the Software and/or the Services hereunder and shall be deemed null and void. You consent to ENERUNI paying fees directly or indirectly to its invoicing Affiliate, or ENERUNI or its Affiliates paying fees directly or indirectly to the Authorized ENERUNI Channel Partners. The fees are for pre-sales support, invoicing and may also include post-sales support. The fees are based on, and increase with, the size of your order.
3.3
In the event You exceed the authorized Use in accordance with the selected Subscription Plan, the same will be treated as an order for excess use and You will be billed for the overage at the rates stated in the applicable Subscription Plan or otherwise as stated on the Software Site and included for the remainder of the Subscription Term.
3.4
ENERUNI reserves the right to introduce new subscription plans and discontinue any subscription plans. The Subscription Plans displayed on the Software Site and those offered through offline ordering process, including through the Authorized ENERUNI Channel Partner or ENERUNI Affiliates may differ.

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