The Usage Plan applies to (i) your Pay As You Go subscription, or (ii) your Commitment Term for the Annual Pool of Funds subscription. New Relic may modify the Usage Plan from time to time. Any changes to the Usage Plan will become effective immediately for changes that provide a benefit or right to the Customer, all other changes will become effective if Customer assents or upon any new or renewal Commitment Term.
Usage Plan - Effective as February 19, 2021:
The Order and Usage Plan may contain defined terms that are denoted by capitalization. In the event that a capitalized term is not defined in either the Order or the Usage Plan, such terms shall have the meaning set forth in the New Relic One pricing definitions page.
- By electing and subscribing to the Pay As You Go subscription model (“Pay As You Go” or “PAYG”), Customer commits to paying for the New Relic Products on a month-to-month consumption basis.
- Monthly Product Usage will be invoiced regardless if a PO is required or not.
- Any Customer dispute to Monthly Product Usage from the prior month must be in good-faith and received by New Relic in writing within three (3) business days of the start of the next month or such dispute notice will be considered invalid. The dispute notice will set forth in reasonable detail the information concerning the disputed charges. The parties will use good-faith efforts to promptly resolve any disputed charges.
- Customer’s usage of the Products in excess of the Free Tier each month shall be billed in arrears on the first business day of the following month based on the Customer’s Per Unit usage of each Product each month multiplied by the corresponding rates set forth in an Order and summed (“Monthly Product Usage”).
- By electing and subscribing to the Annual Pool of Funds subscription model (“Annual Pool of Funds” or “APoF”) for the Commitment Term, Customer commits in an Order to: (i) paying the Commitment Fee amounts described in the Subscription table and any additional commitment fees set forth; and (ii) the Monthly Discounted Fee Rates applying to Customer’s Monthly Product Usage.
- New Relic will invoice the Commitment Fee as per the ‘Billing Terms’ described in an Order. On a monthly cadence during the Commitment Term, Customer’s Per Unit usage of the Products will be multiplied by the corresponding Monthly Discounted Rate and summed (“Monthly Product Usage”). Monthly Product Usage will be deducted from the Commitment Fee amounts that are paid in advance. If Monthly Product Usage exceeds any such remaining unconsumed amounts, Customer will be invoiced for the difference (“Additional Usage”), including for any Monthly Product Usage during the last month of the Commitment Term. Payment of such invoices will be governed as set forth in the Terms.
- Any Customer dispute to Monthly Product Usage from the prior month must be in good-faith and received by New Relic in writing within three (3) business days of the start of the next month (including for any Monthly Product Usage for the last month of the Commitment Term) or such dispute notice will be considered invalid. The dispute notice will set forth in reasonable detail the information concerning the disputed charges. The parties will use good-faith efforts to promptly resolve any disputed charges.
- Any unconsumed balances from the Customer payment of each annual Commitment Fee and any additional payments, if applicable, as set out in an Order will expire and lapse at the end of each year of the Commitment Term.
- All amounts stated in an Order are non-cancelable payment obligations of the Customer for the Commitment Term regardless of usage. Any fees paid are non-refundable and do not represent a deposit for, or a credit towards, the purchase of other products not specified in an Order or for any purchase after the Commitment Term.
- Customer acknowledges that a final payment for the full outstanding amount of any remaining unpaid Commitment Fee and/or Monthly Product Usage Fee may be invoiced upon each anniversary date of the term start date.
- Tax will be added where applicable.
- New Relic may review Customer's use of the Products at any time. If New Relic identifies any Customer usage of the Product(s) that is not in accordance with the Terms or Documentation, New Relic may suspend such unauthorized usage.
- All existing purchases and related pricing in effect prior to the execution of an Order shall remain in force. Unless otherwise stated in an Order, an Order does not modify or amend any existing purchases. Additional future products or quantities are not subject to promotional pricing unless otherwise stated in an Order.
- In the event that a Customer indicates in an Order that it requires a purchase order (“PO”) for its subscription, Customer agrees to provide the required PO prior to the provisioning of the Products. If a Customer does not indicate a PO is required, Customer agrees that New Relic may issue invoice(s) and is entitled to such payment without a PO reference.
- All Additional Usage fees will be invoiced regardless of a PO requirement.
- The Product(s) are deemed accepted upon its provisioning.
Use of the Products require Customer users to create Login Credentials. Customer user Login Credential information must be accurate, current, and complete. New Relic’s use and collection of Login Credentials (in accordance with its General Data Privacy Notice) is for account and product management and support of its customers. Customer and Customer users must abide by the New Relic Acceptable Use Policy (AUP) and Login Credentials may not be shared. Each Customer user must have their own user account.
Entry into an Order indicates your agreement that the amount of provisioned users (at the rate specified in the Order) applies in lieu of and supersedes any other amount of users of the Products that may be specified in the agreement between Customer and New Relic.
With a subscription to New Relic Full Stack Observability Pro or Enterprise Products, you agree that during the Commitment Term the applicable service level availability commitment set forth on the ‘Service level availability commitment’ page in the Documentation shall apply to the Products. For clarity, if your agreement with New Relic contains a different service level availability commitment or remedies, the above does not apply to your subscription to the New Relic Full Stack Observability Pro or Enterprise Products.
If you subscribe to any other New Relic Products with New Relic One pricing, any service level availability commitment or related remedies contained within your agreement with New Relic are vacated and nullified, and New Relic will use commercially reasonable efforts to make New Relic Full Stack Observability Standard and Telemetry Data Platform available in line with industry standards.
With a subscription to New Relic One Users (Full Stack Observability), New Relic provides an updated support plan commitment. By subscribing to New Relic One Users (Full Stack Observability), you agree that during the Commitment Term the applicable Support Plan set forth on the ‘Support plan’ page in the Documentation shall apply in lieu of, and supersedes and replaces, any other support related commitments that may be contained within your agreement with New Relic.
For New Relic K.K. customers (Japan), the above does not currently apply to the support offerings provided by New Relic to you.
If you are using New Relic’s Products in the free tier only, or on a no-charge, or a ‘lite’ or ‘preview access’ basis you agree that the Unpaid Terms of Service will apply to such Product usage and replace and supersede any other terms. In addition, if your subscription contains the New Relic One - Standard User (Full Stack Observability Standard) Product, you agree that the Paid Terms of Service will apply to your subscription to the Products set forth in an Order and replace and supersede any other terms.