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Common use of Charges and Billing Clause in Contracts

Charges and Billing. Within fifteen (15) days of the date on which Customer executes each Service Order, Customer shall pay OCT all of the non-recurring charges designated on such Service Order as Non- recurring Charges ("NRC"). Customer further agrees to pay OCT all charges associated with the Services and/or Products as stated in each Service Order, including without limitation the Monthly Recurring Charges (“MRC”) and or Yearly Recurring Charges (“YRC”) for each Service or Product. In the event that some, but not all, Products and/or Services associated with a Service Order are installed or activated, Customer agrees to pay OCT the MRCs, YRCs, and Additional Charges associated with those Services that are installed or activated even though the Service Commencement Date for the entire Service Order (as defined above) has not commenced. The MRC for the initial month of each Service shall be prorated from the start of that Service through the end of that calendar month. In addition to MRCs and YRCs, Customer shall pay to OCT all usage charges, including without limitation charges for the use of OCT Equipment, maintenance and repair charges, and all federal, state or local use, excise, sales, privilege or other Taxes ("Additional Charges"), as well as all reasonable costs and expenses, including but not limited to all reasonable attorney’s fees, expenses, and/or court costs incurred by OCT while attempting to collect payment of any amount owed under this Agreement or enforce any of the terms and conditions of this Agreement ("Fees and Costs"). All Taxes, whether charged to or against OCT, shall be payable by Customer unless Customer provides proof of its specific tax-exempt status by execution and submission of the proper Tax-Exempt Certification or like form, for said Taxes. OCT shall not be held liable for payment or processing of any retroactive tax exemption. End User Customers may incur charges from third-party service providers that are separate and apart from the amounts charged to Customer by OCT. These may include, without limitation, charges resulting from accessing on-line services, calls to parties who charge for their telephone-based services, and purchasing or subscribing to other offerings via the internet. OCT shall not be responsible for any such charges. All MRCs and or YRCs for each Service will be billed based upon actual quantity used by the Customer or the amount on the associated Service Order whichever is greater. Actual usage of each service will be reviewed monthly and partial months will not be refunded.

Appears in 2 contracts

Samples: Master Service Agreement, Master Service Agreement

Charges and Billing. Within fifteen 5.1 Charges may include both a non-recurring element and a recurring element. The Charges will be set out in each Service Contract. 5.2 Non-recurring Charges (15where applicable) are due and payable within 10 working days of the date on which Customer executes each Actual Service Order, Customer shall pay OCT all Delivery Date. 5.3 The recurring Charges are due and payable in twelve equal installments following receipt of the non-recurring charges designated relevant invoices from HER. The first such payment is due and payable on such the date of service commencement under the relevant Service Order as Non- Contract. Subsequent payments are due and payable at calendar monthly intervals, on the first day of the relevant month. Where in any calendar month the Transmission Services are to be provided for a period less than a full calendar month, the monthly recurring Charges (shall be pro-rated accordingly. 5.4 Charges are exclusive of VAT and other consumption taxes, unless otherwise stated. 5.5 All payments are to be made net of charges and in the currency specified in the Service Contract and are to be made to the Bank specified by HER. Any change in the specified Bank will be communicated to CUSTOMER no later than ten working days prior to the due date of the next payment. 5.6 Where any payment is expressed to be "NRC")due and payable" on a particular date, payment shall be credited to HER's bank account by that date. Customer further agrees Payments shall only be deemed to have been made on the Value Date in respect of such payment. 5.7 HER represents to CUSTOMER that all Transmission Services provided by HER to CUSTOMER under this Agreement are provided at prices and upon terms that are no less favourable to CUSTOMER than the prices and terms offered by HER to its most favoured customers for substantially similar services, subject to volume discounts, payment conditions, contract duration, service levels, flexibility and other terms which materially affect pricing. HER will adjust its prices as necessary to remain in compliance with this commitment on a going forward basis. 5.8 If CUSTOMER fails to pay OCT any Charges due within 30 days of the due date for payment, HER shall, without prejudice to any other rights or remedies it might have, be entitled to charge CUSTOMER interest on all charges associated with sums due at the Services and/or Products as stated in each Service Order, including without limitation rate of 1.5 per cent per month. Such interest shall be charged from the Monthly Recurring Charges date payment becomes due until the Value Date (“MRC”both before and after judgement) and or Yearly Recurring Charges (“YRC”) for each Service or Product. In the event that some, but not all, Products and/or Services associated with shall accrue on a daily basis. 5.9 If CUSTOMER should terminate a Service Order are installed or activated, Customer agrees Contract prior to pay OCT the MRCs, YRCs, and Additional Charges associated with those Services that are installed or activated even though the Service Commencement Date for the entire Service Order (as defined above) has not commenced. The MRC for the initial month of each Service shall be prorated from the start of that Service through the end of that calendar month. In the initial term specified therein, CUSTOMER shall pay HER in addition to MRCs and YRCs, Customer shall pay any Charges outstanding a cancellation charge equal to OCT all usage charges, including without limitation charges for the use of OCT Equipment, maintenance and repair charges, and all federal, state or local use, excise, sales, privilege or other Taxes ("Additional Charges"), as well as all reasonable costs and expenses, including but not limited to all reasonable attorney’s fees, expenses, and/or court costs incurred by OCT while attempting to collect payment of any amount owed under this Agreement or enforce any 25% of the terms and conditions of this Agreement ("Fees and Costs"). All Taxes, whether charged to or against OCT, shall be Charges which would have been payable by Customer unless Customer provides proof of on that Service Contract had it run its specific tax-exempt status by execution and submission of the proper Tax-Exempt Certification or like form, for said Taxes. OCT shall not be held liable for payment or processing of any retroactive tax exemption. End User Customers may incur charges from third-party service providers that are separate and apart from the amounts charged to Customer by OCT. These may include, without limitation, charges resulting from accessing on-line services, calls to parties who charge for their telephone-based services, and purchasing or subscribing to other offerings via the internet. OCT shall not be responsible for any such charges. All MRCs and or YRCs for each Service will be billed based upon actual quantity used by the Customer or the amount on the associated Service Order whichever is greater. Actual usage of each service will be reviewed monthly and partial months will not be refundedfull term.

Appears in 2 contracts

Samples: Framework Agreement (Hermes Europe Railtel B V), Framework Agreement (Hermes Europe Railtel B V)

Charges and Billing. Within fifteen (15) days of the date on which Customer executes each Service Order, Customer shall pay OCT all of the non-recurring charges designated on such Service Order as Non- recurring Charges ("NRC"). Customer further agrees to pay OCT all charges associated with the Services and/or Products as stated in each Service Order, including without limitation the Monthly Recurring Charges ("MRC”) and or Yearly Recurring Charges (“YRC”") for each Service or Product. In the event that some, but not all, Products and/or Services associated with a Service Order are installed or activated, Customer agrees to pay OCT the MRCs, YRCs, MRCs and Additional Charges associated with those Services that are installed or activated even though the Service Commencement Date for the entire Service Order (as defined above) has not commenced. The MRC for the initial month of each Service shall be prorated from the start of that Service through the end of that calendar month. In addition to MRCs and YRCsMRCs, Customer shall pay to OCT all usage charges, including without limitation charges for the use of OCT Equipment, maintenance and repair charges, and all federal, state or local use, excise, sales, privilege or other Taxes ("Additional Charges"), as well as all reasonable costs and expenses, including but not limited to all reasonable attorney’s fees, expenses, and/or court costs incurred by OCT while attempting to collect payment of any amount owed under this Agreement or enforce any of the terms and conditions of this Agreement ("Fees and Costs"). All Taxes, whether charged to or against OCT, shall be payable by Customer unless Customer provides proof of its specific tax-exempt status by execution and submission of the proper Tax-Exempt Certification or like form, for said Taxes. OCT shall not be held liable for payment or processing of any retroactive tax exemption. End User Customers may incur charges from third-party service providers that are separate and apart from the amounts charged to Customer by OCT. These may include, without limitation, charges resulting from accessing on-line services, calls to parties who charge for their telephone-based services, and purchasing or subscribing to other offerings via the internet. OCT shall not be responsible for any such charges. All MRCs and or YRCs for each Service will be billed based upon actual quantity used by the Customer or the amount on the associated Service Order whichever is greater. Actual usage of each service will be reviewed review monthly and partial months will not be refunded.

Appears in 1 contract

Samples: Master Service Agreement

Charges and Billing. Within fifteen (15) days 5.1 You shall pay the Charges in relation to your use of the date Services. If you are using the Boss Revolution Service on which Customer executes each Service Ordera pay-as-you-go basis, Customer the cost of all calls made by you and any other Charges incurred shall pay OCT all be deducted from the balance outstanding on your Account. Once the whole of the non-recurring charges designated on such Service Order as Non- recurring Charges ("NRC"). Customer balance of your Account has been used you shall not be entitled to make any further agrees to pay OCT all charges associated with use of the Services and/or Products as stated unless you credit your Account by purchasing additional value. We reserve the right to vary the Charges in each Service Order, including without limitation the Monthly Recurring Charges (“MRC”) and or Yearly Recurring Charges (“YRC”) accordance with clause 12. 5.2 Call times for each Service call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent (e.g. SGD 0.01) or Productsuch other intervals as we may revise from time to time. All calls for which we receive answer supervision shall incur a minimum one-minute charge. Mobile surcharges may apply. Check with your mobile provider for details. 5.3 We rely on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. 5.4 Details of applicable Charges will usually be made available to you on our Website. Where applicable, we may render a bill in respect of Services monthly or at such other intervals or time after the Services have been rendered as we may consider to be appropriate or convenient, subject to any requirements imposed by XXX and as notified to you. Any bills raised by us to you in respect of the Services (if applicable) will be clear and accurate. 5.5 In the event that someyou wish to dispute any amount stated in any bill and intend to withhold payment of the amount (where applicable), you must notify us in writing prior to the due date for payment. Such notice of dispute must state the grounds and reasons for such dispute. We will conduct a complete and objective review of such dispute and will provide a written response to you within thirty (30) days of receipt of such written notice. You shall pay interest at two (2) percent per month on the amount determined (either by agreement between us or by any court of competent jurisdiction) to be due or payable to us which you have withheld payment of by virtue of such dispute, calculated and compounded in such manner determined by us from time to time as from the date when the amount should have become payable but not allfor such dispute to the date of payment thereof. 5.6 In the event that you have paid a bill and subsequently wish to dispute the bill, Products and/or Services associated with a Service Order are installed or activatedyou wish to dispute any Charge that has been deducted from your Account balance, Customer agrees to pay OCT you must notify us in writing or email at xxxxxxxx@xxxxxxxxxxxxxx.xxx.xx of such dispute within one (1) year from the MRCs, YRCs, and Additional Charges associated with those Services that are installed date of such bill or activated even though the Service Commencement Date for the entire Service Order deduction (as defined abovethe case may be) has not commencedor you will have waived your right to dispute the Charges. The MRC Such notice of dispute must state the grounds and reasons for the initial month such dispute. We will conduct a complete and objective review of each Service shall be prorated from the start such dispute and will provide a written response to you within thirty (30) days of that Service through the end receipt of that calendar month. In addition to MRCs and YRCs, Customer shall pay to OCT all usage charges, including without limitation charges for the use of OCT Equipment, maintenance and repair charges, and all federal, state or local use, excise, sales, privilege or other Taxes ("Additional Charges"), as well as all reasonable costs and expenses, including but not limited to all reasonable attorney’s fees, expenses, and/or court costs incurred by OCT while attempting to collect payment of any amount owed under this Agreement or enforce any of the terms and conditions of this Agreement ("Fees and Costs"). All Taxes, whether charged to or against OCT, shall be payable by Customer unless Customer provides proof of its specific tax-exempt status by execution and submission of the proper Tax-Exempt Certification or like form, for said Taxes. OCT such written notice. 5.7 You shall not be held liable for payment or processing of any retroactive tax exemption. End User Customers may incur charges from third-party service providers that are separate and apart from the amounts charged to Customer by OCT. These may include, without limitation, charges resulting from accessing on-line services, calls to parties who charge for their telephone-based services, and purchasing or subscribing to other offerings via the internet. OCT shall not be responsible pay for any such charges. All MRCs and or YRCs for each Service will be billed based upon actual quantity used by the Customer or the amount on the associated Service Order whichever is greater. Actual usage of each service will be reviewed monthly and partial months will Services that you did not be refundedconsent to receive.

Appears in 1 contract

Samples: Terms and Conditions