4.5 Payment agent. If you pay by credit card or other payment instruments, the services provide an interface for the account holder to change the credit card information (z.B when renewing the card). Payments by credit card, debit card or certain other payment instruments for the Zendesk service are billed and processed by Zendesk`s payment agent. You allow the payment agent to pre-charge your credit card or other payment instrument at regular intervals, in accordance with the terms of the service plan for services and the periodic subscription fees for related services provided, to which you subscribe until the end of your subscription to the Services, and you also agree to pay the subscription fee thus generated. If so, you allow Zendesk and the payment agent to debit your credit card or any other means of payment to create a prepaid credit. The account holder receives a receipt each time the payment is accepted by the payment agent or receives a receipt within the Services to track the status of the subscription. To the extent that the payment agent is not Zendesk, the payment agent acts exclusively as a settlement and processing agent for and on Behalf of Zendesk and is not construed as the provision of the corresponding service. The payment agent uses an external intermediary to manage credit card processing and this intermediary is not allowed to store, store or use your billing information, except to process your credit card information for the payment agent. The titles of the sections of this agreement are only a reference and are not taken into account in the interpretation of this agreement. In this agreement, unless the context requires others or is expressly specified otherwise: singular terms include plural and vice versa; The use of sex applies to both sexes; The terms „include“ and „include“ are not considered prescription conditions; the terms „day,“ „month“ and „year“ mean calendar day, calendar month and calendar year. References to legislation or regulations occasionally contain references to amendments or softenings. Any translation of this Agreement is provided exclusively at your convenience and is not intended to change this Contract.
In the event of a conflict between the English version of this agreement and a version in a language other than English, the English version applies. This agreement, along with all applicable subscription orders, includes the entire agreement between the parties and replaces all pre- or simultaneous negotiations, discussions and agreements between the parties in this area, either in writing or orally. No pre-printed text or information on an order, form or document (except for a subscription order, if applicable, and if it has been expressly indicated that they change or depart from the terms of this Agreement) may complete or modify the terms of this Agreement. Panaya reserves the right to amend any of the provisions of this Agreement at any time and from time to time, without any responsibility to Panaya or by notifying you. These changes take effect immediately and are included in this agreement by this reference. Your continued use of the service is considered your acceptance of all changes. If a provision of this agreement is found invalid or unenforceable by a competent court, that provision must be interpreted in the best possible way in that it is consistent with the intentions of the invalid or unenforceable provision, with all other provisions remaining fully in force. Under this agreement or the use of the service, there is no joint venture, partnership, no employment or representation relationship between the parties. Panaya`s non-application of a right or provision of this Agreement does not constitute a waiver of that right or provision, unless Panaya has confirmed and accepted it in writing.