Recruiter Terms of Billing
These Terms of Billing ("Billing Terms") supplement and are incorporated into the Ema Terms of Service / End User License Agreement (the "Agreement") between Ema Unlimited, Inc. ("Ema," "we," "us") and the customer entity identified in the applicable Order or workspace ("Customer," "you"). Capitalized terms not defined here have the meaning given in the Agreement. In the event of a conflict between these Billing Terms and the Agreement concerning billing, payment, or subscription matters, these Billing Terms control.
1. Definitions
- "Plan"means a subscription tier (Free, Starter, Pro, or Enterprise) made available for the Recruiter product.
- "Subscription"means Customer's paid access to a Starter or Pro Plan.
- "Billing Period"means the recurring interval (monthly or annual) selected by Customer for a Subscription.
- "Fees"means the subscription fees, taxes, and other charges applicable to a Subscription.
- "Owner"means a workspace member with billing authority, as defined in the Agreement.
- "Payment Processor"means Stripe, Inc. and its affiliates, Ema's third-party payment processing provider.
2. Subscriptions and Fees
2.1 Plans and pricing for Starter and Pro Subscriptions are as published within the product at the time of purchase, or as otherwise agreed in a separate Order. Enterprise Plans are governed by a separately negotiated agreement and are not subject to these Billing Terms.
2.2 By initiating a Subscription, an Owner represents that they have authority to bind Customer to these Billing Terms and to authorize the Fees described.
2.3 All Fees are quoted and charged in United States Dollars (USD) unless otherwise stated.
2.4 The Free Plan requires no payment method and is not subject to Sections 3–8 of these Billing Terms.
3. Payment Authorization and Automatic Renewal
3.1 Authorization. By completing checkout, Customer authorizes Ema, through its Payment Processor, to charge the payment method on file for the Fees applicable to the selected Plan and Billing Period, on a recurring basis, until the Subscription is cancelled in accordance with Section 4.
3.2 Automatic Renewal. EACH SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF ITS BILLING PERIOD FOR AN ADDITIONAL PERIOD OF THE SAME LENGTH, AT THE THEN-CURRENT FEE, UNLESS CUSTOMER CANCELS BEFORE THE RENEWAL DATE IN ACCORDANCE WITH SECTION 4. Customer's payment method will be charged automatically at the start of each renewal Billing Period.
3.3 Express Affirmative Consent. Customer's affirmative action to complete checkout, including acceptance of these Billing Terms, constitutes Customer's express affirmative consent to the automatic renewal terms in this Section 3, presented clearly and conspicuously prior to completion of the initial purchase, separate from any general acceptance of the Agreement.
3.4 Renewal Reminders. Ema will provide Customer with reminder notices of an active Subscription's automatic renewal at the frequency required by applicable law, describing the amount and frequency of charges and the method to cancel.
3.5 Record of Consent. Ema will retain a record of Customer's consent under Section 3.3 for the period required by applicable law.
4. Cancellation
4.1 An Owner may cancel a Subscription at any time from the Plan & Billing section of the product or through the Stripe Customer Portal, using the same online medium through which the Subscription was purchased.
4.2 Cancellation takes effect at the end of the then-current Billing Period. Customer retains full access to the cancelled Plan through the end of that period. Ema does not provide partial-period or prorated refunds upon cancellation, except as described in Section 5.
4.3 An Owner may reactivate a cancelled Subscription at any time prior to the end of the then-current Billing Period without re-entering payment information.
5. Refunds
5.1 Except as set forth in Section 5.2, all Fees are non-refundable, including for partial Billing Periods, unused time, or unused seats.
5.2 Ema (through its Payment Processor) will issue a refund where: (a) a billing error attributable to Ema resulted in an incorrect or duplicate charge; (b) a charge is determined to have resulted from fraudulent or unauthorized use of a payment method; or (c) a refund is required by applicable law.
5.3 Nothing in this Section 5 limits any non-waivable refund or cancellation right Customer may have under applicable law.
5.4 Refund requests may be submitted through the Contact Support option on the Plan & Billing page.
6. Failed Payments; Suspension
6.1 If a renewal charge fails, Ema (through its Payment Processor) will attempt to collect payment through automated retries over a period of up to fourteen (14) days.
6.2 Customer's access to the paid Plan continues during the retry period described in Section 6.1.
6.3 If payment cannot be collected after the retry period, the Subscription will be suspended and the applicable workspace moved to the Free Plan. Customer data is retained in accordance with the Agreement.
7. Plan Changes
7.1 An Owner may change Plans or switch Billing Period (monthly/annual) at any time through the Stripe Customer Portal.
7.2 Upgrades take effect immediately, with a prorated charge collected for the remainder of the then-current Billing Period.
7.3 Downgrades take effect at the end of the then-current Billing Period.
7.4 Used credits and usage carry over across Plan changes, subject to the limits of the newly effective Plan.
8. Fee Changes
8.1 Ema may change the Fees applicable to a Subscription's future renewal terms. Where required by applicable law, Ema will provide notice of any Fee increase not less than seven (7) and not more than thirty (30) days before the increased Fee takes effect, together with instructions on how to cancel.
8.2 A Fee change takes effect only as of Customer's next renewal following the notice period described in Section 8.1, and does not apply retroactively to the then-current Billing Period.
9. Taxes
Fees are exclusive of applicable taxes unless stated otherwise. Ema's Payment Processor calculates and collects applicable sales, use, VAT, or similar taxes based on Customer's billing location. Customer is responsible for any taxes properly assessed on the Subscription.
10. Payment Processing
10.1 All payment card information is collected, processed, and stored solely by the Payment Processor. Ema does not store Customer payment card details.
10.2 Customer's use of the Payment Processor's services is subject to the Payment Processor's own terms of service and privacy policy.
11. Governing Law; Relationship to the Agreement
These Billing Terms are governed by the same governing law and dispute-resolution provisions set forth in the Agreement. In the event of any inconsistency between these Billing Terms and the Agreement concerning billing, payment, or subscription matters, these Billing Terms control.
12. Changes to These Billing Terms
Ema may update these Billing Terms from time to time. Material changes will be notified in accordance with the notice provisions of the Agreement, or as otherwise required by applicable law.
13. Contact
Questions regarding billing may be directed to Ema through the Contact Support option on the Plan & Billing page, or to [email protected] / [email protected].