Common use of Calculation and Payment of Service Fee Clause in Contracts

Calculation and Payment of Service Fee. 2.1 Both parties agree that as the consideration of the technology support and technology services rendered by Party A to Party B under Article 1.1 hereof, Party B shall pay a service fee to Party A, which shall be 5%-30% of Party B’s monthly business income. The amount of service fee shall be determined by both parties based on the following factors: (a) The technical difficulty and complexity of technology support and technology services; (b) The time spent by Party A’s employees on technology support and technology services; (c) The specifics and commercial value of technology support and technology services; and (d) The market reference price of the same type of technology support and technology services. 2.2 Party A will summarize service fee on a quarterly basis and inform Party B. Within ten workdays after receiving such notice, Party B shall pay the service fee to the bank account designated by Party A. Where Party B fails to pay the service fee and other expenses pursuant to the provisions of this Agreement, Party B shall pay to Party A a penalty interest on the overdue sum at an annual interest rate of 10%. 2.3 If Party A is of the opinion that the service pricing mechanism as set out in this Article becomes inappropriate for whatsoever reason and needs to be adjusted, Party B shall, within seven workdays after receiving the written notice about fee adjustment from Party A, negotiate with Party A actively and in good faith so as to determine the new fee standard or mechanism. Otherwise, Party B shall be deemed as having accepted the service fee adjustment. 2.4 The foregoing fee adjustment shall not affect the validity of this Agreement and the performance by both parties of the other obligations under this Agreement.

Appears in 3 contracts

Samples: Exclusive Technology Support and Service Agreement (Perfect World Co., Ltd.), Exclusive Technology Support and Service Agreement (Perfect World Co., Ltd.), Exclusive Technology Support and Service Agreement (Perfect World Co., Ltd.)

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Calculation and Payment of Service Fee. 2.1 Both parties agree that as the consideration of the technology support and technology services rendered by Party A to Party B under Article 1.1 hereof, Party B shall pay a service fee to Party A, which shall be 5%-30% of Party B’s monthly business income. The amount of service fee shall be determined by both parties based on the following factors: (a) The the technical difficulty and complexity of technology support and technology services; (b) The the time spent by Party A’s employees on technology support and technology services; (c) The the specifics and commercial value of technology support and technology services; and (d) The the market reference price of the same type of technology support and technology services. 2.2 Party A will summarize service fee on a quarterly basis and inform Party B. Within ten workdays after receiving such notice, Party B shall pay the service fee to the bank account designated by Party A. Where Party B fails to pay the service fee and other expenses pursuant to the provisions of this Agreement, Party B shall pay to Party A a penalty interest on the overdue sum at an annual interest rate of 10%. 2.3 If Party A is of the opinion that the service pricing mechanism as set out in this Article becomes inappropriate for whatsoever reason and needs to be adjusted, Party B shall, within seven workdays after receiving the written notice about fee adjustment from Party A, negotiate with Party A actively and in good faith so as to determine the new fee standard or mechanism. Otherwise, Party B shall be deemed as having accepted the service fee adjustment. 2.4 The foregoing fee adjustment shall not affect the validity of this Agreement and the performance by both parties of the other obligations under this Agreement.

Appears in 1 contract

Samples: Exclusive Technology Support and Service Agreement (Perfect World Co., Ltd.)

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