Fair use of resources. 3.1. Where dxw detects that a service is using an unusually large quantity of resources such as CPU time or bandwidth, we may take steps to reduce the impact of that usage, including:
Fair use of resources. If the Customer’s use of the Purchased Service exceeds any limits imposed in accordance with the Customer’s Plan, or otherwise described in an Order Form or Subscription (as applicable), Element shall be entitled to increase its Fees to account for such additional use of the Purchased Service and automatically apply those increased Fees. Overage fees can be avoided by contacting Element in advance and purchasing additional Users or increased limits, or upgrading to a different Plan. In the event that Element is unable to debit such Fee increase automatically from the Customer, Element shall issue an invoice reflecting the increase in Fees and the Customer shall pay such invoice within thirty (30) days of the date of such invoice. If at any time it becomes apparent to Element that the Customer has underpaid Fees, all Fees applicable to the Customer’s actual historical use will be immediately payable to account for any shortfall and the terms of clause 11.5 shall apply. Element may audit the Customer’s use of the Purchased Service at any time to ensure compliance with this Agreement.
Fair use of resources. Exceeding the limits of the Customer’s User Quota, the Order Form or Subscription (as applicable), or use of Element Software and Services. If the Customer’s use of the Element Software and Services exceeds any limits detailed in any Order Form or Subscription (as applicable), Element shall be entitled to increase its Fees to account for such additional use of the Element Software and Services and automatically apply those increased Fees. Overage fees can be avoided by contacting Element in advance and purchasing additional Users, or increased limits. In the event that Element is unable to debit such Fee increase automatically from the Customer, Element shall issue an invoice reflecting the increase in Fees and the Customer shall pay such invoice within 30 days of the date of such invoice. If at any time it becomes apparent to Element that the Customer has underpaid Fees, all Fees applicable to the Customer’s actual historical use will be immediately payable to account for any shortfall and the terms of clause 11.5 shall apply. Element may audit the Customer’s use of the Element Software and Services at any time to ensure compliance with this Agreement. Element may suspend or terminate this Agreement or any access to the Element Software and Services, without liability, if in Element’s opinion the Customer is not complying with the spirit of this Agreement or fair use of the Element Software and Services for the purpose for which they were intended.
