Online Subscription Agreement

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Online Subscription Agreement

This Online Subscription Agreement (the “Agreement”) is entered into on this {{date}} by and between:

{{company_name}}, a company duly incorporated under the laws of {{jurisdiction}} with its principal place of business at {{company_address}} (hereinafter referred to as “the Provider”); and

{{subscriber_name}}, an individual or entity residing at/with its principal place of business at {{subscriber_address}} (hereinafter referred to as “the Subscriber”).

1. Services

1.1. The Provider agrees to provide the Subscriber with access to the online services as described on the Provider’s website at {{website_service_page}} (the “Services”).

1.2. The specific features, functionalities, and limitations of the Services are detailed on the Provider's website and may be updated from time to time.

1.3. The Provider reserves the right to modify or discontinue any aspect of the Services at any time, with reasonable notice to the Subscriber, where feasible.

2. Subscription Term and Renewal

2.1. This Agreement shall commence on the Effective Date and shall continue for an initial subscription term of {{initial_subscription_term_duration}} (e.g., one month, one year) (the “Initial Term”).

2.2. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive renewal terms of {{renewal_term_duration}} (e.g., one month, one year) (each a “Renewal Term”), unless either party provides written notice of non-renewal at least {{notice_period_days}} days prior to the end of the then-current term.

2.3. The Subscriber can manage their subscription and renewal preferences through their account portal at {{account_portal_link}}.

3. Fees and Payment

3.1. The Subscriber agrees to pay the subscription fees as set forth on the Provider’s website for the selected Service plan (the “Fees”).

3.2. All Fees are payable in {{currency}} on a {{billing_frequency}} basis, commencing on the Effective Date.

3.3. Payment shall be made via {{payment_method}} (e.g., credit card, debit order) as selected by the Subscriber during the registration process.

3.4. The Provider reserves the right to change the Fees at any time, with at least {{notice_period_days_for_fee_change}} days’ notice to the Subscriber. Such changes shall take effect at the beginning of the next Renewal Term.

3.5. In the event of late payment, the Provider may charge interest at a rate of {{interest_rate_percentage}}% per annum, compounded monthly, or the maximum rate permitted by law, whichever is lower.

3.6. All Fees are exclusive of any applicable taxes, duties, or levies, which shall be borne by the Subscriber.

4. Cancellation and Termination

4.1. The Subscriber may cancel their subscription at any time by providing written notice to the Provider or through their account portal.

4.2. If the Subscriber cancels their subscription, they will continue to have access to the Services until the end of the current billing cycle, and no refunds will be issued for any unused portion of the subscription period.

4.3. The Provider may terminate this Agreement immediately upon written notice to the Subscriber if the Subscriber breaches any material term of this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice thereof.

4.4. Upon termination, the Subscriber’s access to the Services will cease, and any outstanding Fees will become immediately due and payable.

5. Intellectual Property

5.1. All intellectual property rights in and to the Services, including but not limited to software, content, trademarks, and copyrights, are owned by the Provider or its licensors.

5.2. The Subscriber is granted a limited, non-exclusive, non-transferable license to use the Services solely for their internal business or personal purposes, subject to the terms of this Agreement.

5.3. The Subscriber shall not copy, modify, distribute, sell, or otherwise exploit any part of the Services without the prior written consent of the Provider.

6. Warranties and Disclaimers

6.1. The Provider warrants that it will provide the Services with reasonable care and skill.

6.2. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED TO THE SUBSCRIBER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.3. The Provider does not warrant that the Services will be uninterrupted, error-free, or secure.

7. Limitation of Liability

7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. THE PROVIDER'S TOTAL AGGREGATE LIABILITY TO THE SUBSCRIBER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE SUBSCRIBER TO THE PROVIDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

8. Governing Law and Dispute Resolution

8.1. This Agreement shall be governed by and construed in accordance with the laws of {{country_of_governing_law}}.

8.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved through good faith negotiations between the parties.

8.3. If the parties are unable to resolve the dispute amicably within {{negotiation_period_days}} days, the dispute shall be submitted to mediation in {{mediation_city}}, {{country_of_governing_law}}, in accordance with the rules of {{mediation_body}} (e.g., the Arbitration Foundation of Southern Africa (AFSA)).

8.4. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in {{arbitration_city}}, {{country_of_governing_law}}, in accordance with the rules of {{arbitration_body}} (e.g., AFSA), by one arbitrator appointed in accordance with the said rules. The language of the arbitration shall be English.

9. General Provisions

9.1. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral.

9.2. Amendments: No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

9.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.4. Assignment: The Subscriber may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Provider.

9.5. Force Majeure: Neither party shall be liable for any delay or failure in performance hereunder due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Signature Block

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

FOR THE PROVIDER:

___________________________

Name: {{provider_signatory_name}}

Title: {{provider_signatory_title}}

FOR THE SUBSCRIBER:

___________________________

Name: {{subscriber_signatory_name}}

Title: {{subscriber_signatory_title}} (if applicable)