Esoft Order Form

1 Term and Effective Date. This Order Form takes effect on the date on which the Client accepts it, whether electronically on the Platform or by signature (the “Effective Date”).

This Order Form is governed by the Esoft Terms of Service published at esoft.com/terms as amended from time to time (the “Terms”). The Terms are incorporated into this Order Form by reference.

This Order Form, including any Amendments, forms part of the Agreement together with the Terms, the DPA and the other documents listed in Clause 1.4 of the Terms.

2 Precedence. In the event of any conflict or inconsistency between the documents forming the Agreement, the following order of precedence shall apply:

(a) any Amendment, with a later Amendment prevailing over an earlier one;

(b) this Order Form;

(c) the Terms; and

(d) the Standard Prices and product descriptions published on the Platform. An Amendment or this Order Form shall prevail over the Terms only to the extent that it expressly addresses the matter in question; in all other respects the Terms shall apply. The DPA shall prevail in respect of matters of data protection.

3 Standard Prices and price changes. The Standard Prices in effect on the Effective Date are shown on the Product Description Pages (PDPs) on the Platform.

Esoft may amend the Standard Prices, and add, change or withdraw Services, in accordance with the Terms; the PDPs show each change from the date it takes effect. A change to the Standard Prices does not constitute an Amendment and does not require the Client’s signature. Prices that an Amendment expressly states to be fixed shall apply in place of the Standard Prices for the period specified in that Amendment.

4 Prepayment. This Order Form is prepaid. Accordingly, the second sentence of the second paragraph of Clause 5.1 of the Terms (invoicing once Credits are exhausted) shall not apply: when the Client’s Credits are exhausted, Esoft shall not invoice further Orders and shall accept them only once sufficient Credits have been purchased. Clause 4 of the Terms shall apply solely to amounts not covered by Credits, such as taxes, chargebacks, fees and interest, which Esoft may deduct from Credits or charge to the card on file. Post-paid invoicing is available only under an Amendment.

5 Card authorization. Where the Client stores a card on the Platform, the Client authorizes Esoft to charge that card for (i) Credit purchases requested by the Client, (ii) automatic top-ups that the Client has activated, and (iii) any amount payable to Esoft under the Agreement that is not covered by Credits.

6 Duration and termination. This Order Form has no fixed term and shall continue in force until the Agreement is terminated in accordance with the Terms or this Order Form is replaced by a new Order Form. Termination of the Agreement shall terminate this Order Form. Unless an Amendment provides otherwise, the Client may cease placing Orders, and either party may terminate the Agreement, as provided in the Terms. Orders accepted prior to termination shall be completed. Unused Credits shall be dealt with in accordance with Clause 5.6 of the Terms.

7 Amendments. This Order Form may be amended only by a written Amendment that refers to this Order Form, identifies the provisions amended, and is accepted by both parties, including by electronic means. Each Amendment shall be incorporated into this Order Form and the Terms. Provisions not expressly amended shall remain in full force and effect.

8 Electronic acceptance. Acceptance of this Order Form by clicking “Accept” on the Platform, or by electronic signature, shall have the same legal effect as a handwritten signature under applicable law. The person accepting this Order Form represents and warrants that he or she is authorized to bind the Client.