Additional Terms for Credit Card Customers

Effective October 1, 2020

The following different or additional terms below apply with respect to credit card Customers of the Heroku Services to the extent such terms conflict with the Salesforce Main Services Agreement or, as applicable, a Heroku Elements Marketplace provider’s terms of use. SFDC may modify these Additional Terms and the Salesforce Main Services Agreement from time to time. Your continued use of the Heroku Services and/or Heroku Elements constitutes your acceptance of these Additional Terms and the Salesforce Main Services Agreement.

• Fees. You will pay all fees for the Heroku Services or any Heroku Elements based on actual usage. Fees are solely based on SFDC’s measurements of your use of the Heroku Services or any Heroku Element. You are required to maintain a valid credit card on your account at all times that you use the Heroku Services or any Heroku Elements.
• Invoicing and Payment. Fees will be invoiced monthly in arrears and concurrently charged to your credit card. Fees are due on the invoice date. You are responsible for providing complete, accurate and valid credit card, billing, payment and contact information to SFDC and notifying SFDC of any changes to such information. For purposes of credit card transactions, you are contracting with Heroku, Inc., a Delaware corporation. You acknowledge and agree that any credit card and related billing, payment and contact information that you provide to SFDC may be shared by SFDC with companies who work on SFDC’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to SFDC and servicing your account.
• Overdue Charges. If any amounts invoiced to you are not received by the due date (i.e., the charge to your credit card is denied for any reason), then (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and (b) SFDC may, without limiting its other rights and remedies, suspend the Heroku Services or Heroku Elements until such amounts are paid in full and a valid credit card is provided to SFDC, or to terminate for nonpayment. Any outstanding balance becomes immediately due and payable upon suspension or termination of the Heroku Services or Heroku Elements for any reason.
• Costs of Collection; Waiver of Claims. You are responsible for paying all reasonable expenses and attorneys’ fees that SFDC incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
• Pricing. The pricing for Heroku Services and the Heroku Elements can be found at https://www.heroku.com/pricing (or such URL as SFDC may provide from time to time).
• Access. You agree that SFDC, in its sole discretion and for any or no reason, may suspend or terminate your subscriptions or access to the Heroku Services or any part thereof. You agree that any suspension or termination of your subscriptions or access to the Heroku Services may be without prior notice, and you agree that SFDC will not be liable to you or any third party for such suspension or termination.
• Acceptance. Any individual who accepts these Additional Terms on behalf of a company or other legal entity represents that (s)he has the authority to bind such entity and its affiliates to these Additional Terms, and the term “you,” “your” and “Customer” shall refer to such entity and its affiliates. If the individual accepting these Additional Terms does not have such authority, or does not agree with these Additional Terms, such individual must not register an account, submit an online order form or use the Heroku Services or any Heroku Elements.