Common use of Adjustments to Fees Clause in Contracts

Adjustments to Fees. (a) HosPortal may not increase the Fixed Fee, the Per-Profile Fee or the SMS Charge during the Initial Term. (b) Subject to clause 5.2(a) and without limiting clause 3.4, HosPortal may during the Term change the Fixed Fee, the Per-Profile Fee, the Excess SMS Charge or the Excess Hours Charge (or any of them) by providing not less than 30 days’ prior notice to the Customer. HosPortal may make multiple changes under this clause during the Term. (c) Unless the Customer exercises its rights under clause 5.2(d), each change in the Fixed Fee, the Per-Profile Fee, Excess SMS Charge and Excess Hours Charge (or any of them) notified by HosPortal in accordance with clause 5.2(b) will take effect on the expiry of that notice period and, in the case of any change in the Per-Profile Fee, the Aggregate Profile Fee will be changed to be the Maximum Number multiplied by the changed Per- Profile Fee with effect on the expiry of that notice period. (d) If the Customer does not agree to any change in the Fixed Fee, the Per-Profile Fee, the Excess SMS Charge or the Excess Hours Charge (or any of them) notified in accordance with clause 5.2(b), it must notify HosPortal not later than 14 days after the date of receipt of the notice in accordance with clause 5.2(b). This agreement will then terminate on the date that is 14 days after the date of the Customer’s notification in accordance with this clause 5.2(d). (e) If any increase in the Fixed Fee or the Per-Profile Fee occurs in accordance with this clause 5.2 at any time other than the first day of a Payment Period, HosPortal will invoice the Customer for the additional amount of the Fees payable by the Customer for the then current Payment Period on the date determined by HosPortal, in its discretion, which may be the date the next payment is due and payable by the Customer in accordance with clause 5.1. Each such invoice must be paid by the Customer within the Payment Terms.

Adjustments to Fees. (a) HosPortal may not increase the Fixed Fee, the Per-Profile Fee or the SMS Charge during the Initial Term. (b) Subject to clause 5.2(a4.2(a) and without limiting clause 3.4, HosPortal may during the Term change the Fixed Fee, the Per-Profile Fee, Fee and the Excess SMS Charge or the Excess Hours Charge (or any of them) by providing not less than 30 days’ prior notice to the Customer. HosPortal may make multiple changes under this clause during the Term. (c) Unless the Customer exercises its rights under clause 5.2(d4.2(d), each change in the Fixed Fee, the Per-Profile Fee, Excess Fee and SMS Charge and Excess Hours Charge (or any of them) notified by HosPortal in accordance with clause 5.2(b4.2(b) will take effect on the expiry of that notice period and, in the case of any change in the Per-Profile Fee, the Aggregate Profile Fee will be changed to be the Maximum Number multiplied by the changed Per- Per-Profile Fee with effect on the expiry of that notice period. (d) If the Customer does not agree to any change in the Fixed Fee, the Per-Profile Fee, Fee and the Excess SMS Charge or the Excess Hours Charge (or any of them) notified in accordance with clause 5.2(b4.2(b), it must notify HosPortal not later than 14 days after the date of receipt of the notice in accordance with clause 5.2(b4.2(b). This agreement will then terminate on the date that is 14 days after the date of the Customer’s notification in accordance with this clause 5.2(d4.2(d). (e) If any increase in the Fixed Fee or the Per-Profile Fee occurs in accordance with this clause 5.2 4.2 at any time other than the first day of a Payment Period, HosPortal will invoice the Customer for the additional amount of the Fees payable by the Customer for the then current Payment Period on the date determined by HosPortal, in its discretion, which may be the date the next payment is due and payable by the Customer in accordance with clause 5.14.1. Each such invoice must be paid by the Customer within the Payment Terms.