Common use of CHARGES AND OTHER SUMS DUE AND PAYMENT Clause in Contracts

CHARGES AND OTHER SUMS DUE AND PAYMENT. 5.1 In consideration for xoserve performing the Services, the Customer agrees to pay xoserve the Charges applicable to those Services. 5.2 The Charges payable by the Customer shall be those charges determined pursuant to the provisions of the Agency Charging Statement which are (subject to any contrary provision within a Service Schedule), in force at the date on which the Customer submitted its Service Request or (if later) the date on which the Services specified in the relevant Service Request are due to commence. All Charges are exclusive of value added tax which will be charged for in addition. 5.3 xoserve shall issue an invoice for the Services it provides to the Customer monthly in arrears unless otherwise provided in these Conditions or a Service Schedule. An invoice may be issued in respect of the Services provided pursuant to more than one Service Request. 5.4 If the amount of the monies due from the Customer to xoserve in accordance with this clause 5 is, in aggregate, less than £250, xoserve will not issue an invoice to the Customer at that stage but will wait until: 5.4.1 the total aggregate sums payable by the Customer exceed £250; or 5.4.2 three months from the date of the last invoice issued by xoserve to the Customer for the provision of any of the Services or (if no invoice has previously been issued) three months from the date of the earliest Service Request; whichever is the first to occur at which point for the avoidance of doubt an invoice will then be issued for all sums then owing by the Customer. 5.5 Where the Services are performed in instalments, xoserve may invoice each instalment separately and the Customer shall pay such invoice in accordance with these Conditions. 5.6 All invoices issued shall be due for payment by the Customer 28 days after the date of the invoice unless otherwise agreed in writing between the parties. 5.7 The Customer must pay all invoices in full and shall not be entitled to any right of set off (other then where there is a bona fide dispute between the parties as to whether any sums are due and, in such cases, the Customer may only withhold the sum in dispute). As and when the parties reach agreement or the matter is otherwise determined in respect of any disputed sums, any monies due to xoserve must be paid in full in cleared funds within 15 Business Days of the date of resolution of the dispute. 5.8 The Customer shall be responsible for the payment of any and all bank charges which may be incurred (either by the Customer or xoserve) in the payment and receipt of payment of xoserve's invoices. 5.9 No payment shall be deemed to have been received by xoserve until it has received payment in full in pounds sterling and in cleared funds, including but not limited to any bank charges payable by the Customer in accordance with clause 5.8 above. 5.10 Failure by the Customer to make payment of monies due in full, in pounds sterling and in cleared funds on or by the due date for payment shall (save for amounts withheld pursuant to the provisions of clause 5.7) entitle xoserve (without prejudice to any other rights and/or remedies it may have) to: 5.10.1 suspend the performance of the Services (whether such Services are being performed under the same Service Request to which the unpaid monies relate or any other Service Request); and 5.10.2 charge the Customer interest on any unpaid amounts (both before and after any judgment) at the rate applicable from time to time under the Late Payment of Commercial Debts (Interest) Xxx 0000. 5.11 If in accordance with clause 5.7 above the Customer has withheld any monies due to xoserve and it is subsequently found that the Customer's dispute was incorrect and the monies were indeed due to xoserve: 5.11.1 subject to clause 5.11.2 below, interest shall be payable on the withheld monies at the base rate from time to time of Barclays Bank Plc plus 1% per annum from the date on which the withheld monies should have been paid to xoserve until the date on which such monies are paid in full in cleared funds; and 5.11.2 if the sums due to xoserve are not paid within the 15 Business Day payment period referred to in clause 5.7 above, interest shall be payable on the unpaid sum at the rate specified in clause 5.10.2 as from the end of that 15 Business Day period and the provisions of clause 5.10.1 may also apply. 5.12 xoserve reserves the right to carry out credit checks on the Customer prior to accepting a Service Request. xoserve may: 5.12.1 refuse to accept a Service Request from a Customer if that Customer fails to pass the credit checks; and/or 5.12.2 require the Customer to either provide security for any payments due under the Contract in an amount and form and from a person approved by xoserve and/or to pay all or part of the Charges for the Services in advance of the Services being performed by xoserve. 5.13 Any challenges to an invoice issued by xoserve must be notified by the Customer to xoserve in writing within 18 months of the date of the relevant invoice. If the Customer does not raise any challenge within this time period, it will be deemed to have accepted and confirmed that the terms of the invoice are correct. 5.14 xoserve may only make adjustments to an invoice which it has issued to the Customer in respect of the Services for a period of up to 18 months following the issue date of the invoice in question. 5.15 Any interest payable by the Customer in accordance with this clause 5 shall be invoiced by xoserve as part of the next invoice xoserve issues in respect of the provision of the Services.

CHARGES AND OTHER SUMS DUE AND PAYMENT. 5.1 In consideration for xoserve performing the Services, the Customer agrees to pay xoserve the Charges applicable to those Services. 5.2 The Charges payable by the Customer shall be those charges determined pursuant to the provisions of the Agency Charging Statement which are (subject to any contrary provision within a Service the Services Schedule), in force at the date on which the Customer submitted its Service Request or (if later) the date on which the Services specified in the relevant Service Request are due to commence. All Charges are exclusive of value added tax which will be charged for in addition. 5.3 xoserve shall issue an invoice for the Services it provides to the Customer monthly in arrears unless otherwise provided in these Conditions or a Service the Services Schedule. An invoice may be issued in respect of the Services provided pursuant to more than one Service Request. 5.4 If the amount of the monies due from the Customer to xoserve in accordance with this clause 5 is, in aggregate, less than £250, xoserve will not issue an invoice to the Customer at that stage but will wait until: 5.4.1 the total aggregate sums payable by the Customer exceed £250; or 5.4.2 three months from the date of the last invoice issued by xoserve to the Customer for the provision of any of the Services or (if no invoice has previously been issued) three months from the date of the earliest Service Request; whichever is the first to occur at after which point for the avoidance of doubt an invoice will then be issued for all sums then owing by the Customer. 5.5 Where the Services are performed in instalments, xoserve may invoice each instalment separately and the Customer shall pay such invoice in accordance with these Conditions. 5.6 All invoices issued shall be due for payment by the Customer 28 days after the date of the invoice unless otherwise agreed in writing between the parties. 5.7 The Customer must pay all invoices in full and shall not be entitled to any right of set off (other then where there is a bona fide dispute between the parties as to whether any sums are due and, in such cases, the Customer may only withhold the sum in dispute). As and when the parties reach agreement or the matter is otherwise determined in respect of any disputed sums, any monies due to xoserve must be paid in full in cleared funds within 15 Business Days of the date of resolution of the dispute. 5.8 The Customer shall All sums to be responsible for the payment of any and all bank charges which may be incurred (either paid by the Customer under this Agreement shall be in pounds sterling by electronic transfer to xoserve’s bank account at [Barclays Bank plc, Stratford Road, Shirley, Solihull] (Sort Code [20-77-62], Account Number [00000000]) or xoservesuch other bank account as xoserve may from time to time require upon notice to the Customer, with any applicable charges on such payments (including, by way of illustration but without limitation, overseas bank transfer charges) in being at the payment and receipt of payment of xoserve's invoicesCustomer’s expense. 5.9 No payment shall be deemed to have been received by xoserve until it has received payment in full in pounds sterling and in cleared funds, including but not limited to any bank charges payable by the Customer in accordance with clause 5.8 above. 5.10 Failure by the Customer to make payment of monies due in full, in pounds sterling and in cleared funds on or by the due date for payment shall (save for amounts withheld pursuant to the provisions of clause 5.7) entitle xoserve (without prejudice to any other rights and/or remedies it may have) to: 5.10.1 (provided that not less than 10 Business Days’ notice of such suspension has first been sent to the Customer) suspend the performance of the Services (whether such Services are being performed under the same Service Request to which the unpaid monies relate or any other Service Request); and 5.10.2 charge the Customer interest on any unpaid amounts (both before and after any judgment) at the rate applicable from time to time under the Late Payment of Commercial Debts (Interest) Xxx 0000. 5.11 If in accordance with clause 5.7 above the Customer has withheld any monies due to xoserve and it is subsequently found that the Customer's dispute was incorrect and the monies were indeed due to xoserve: 5.11.1 subject to clause 5.11.2 below, interest shall be payable on the withheld monies at the base rate from time to time of Barclays Bank Plc plus 1% per annum from the date on which the withheld monies should have been paid to xoserve until the date on which such monies are paid in full in cleared funds; and 5.11.2 if the sums due to xoserve are not paid within the 15 Business Day payment period referred to in clause 5.7 above, interest shall be payable on the unpaid sum at the rate specified in clause 5.10.2 as from the end of that 15 Business Day period and the provisions of clause 5.10.1 may also apply. 5.12 xoserve reserves the right to carry out credit checks on the Customer prior to accepting a Service Request. xoserve may: 5.12.1 refuse to accept a Service Request from a Customer if that Customer fails to pass the credit checks; and/or 5.12.2 require the Customer to either provide security for any payments due under the Contract in an amount and form and from a person approved by xoserve and/or to pay all or part of the Charges for the Services in advance of the Services being performed by xoserve. 5.13 Any challenges to an invoice issued by xoserve must be notified by the Customer to xoserve in writing within 18 months of the date of the relevant invoice. If the Customer does not raise any challenge within this time period, it will be deemed to have accepted and confirmed that the terms of the invoice are correct. 5.14 xoserve may only make adjustments to an invoice which it has issued to the Customer in respect of the Services for a period of up to 18 months following the issue date of the invoice in question. 5.15 Any interest payable by the Customer in accordance with this clause 5 shall be invoiced by xoserve as part of the next invoice xoserve issues in respect of the provision of the Services.

CHARGES AND OTHER SUMS DUE AND PAYMENT. 5.1 In consideration for xoserve performing the Services, the Customer agrees to pay xoserve the Charges applicable to those Services. 5.2 The Charges payable by the Customer shall be those charges determined pursuant to the provisions of the Agency Charging Statement which are (subject to any contrary provision within a Service Schedule), in force at the date on which the Customer submitted its Service Request or (if later) the date on which the Services specified in the relevant Service Request are due to commence. All Charges are exclusive of value added tax which will be charged for in addition. 5.3 xoserve shall issue an invoice for the Services it provides to the Customer monthly in arrears unless otherwise provided in these Conditions or a Service Schedule. An invoice may be issued in respect of the Services provided pursuant to more than one Service Request. 5.4 If the amount of the monies due from the Customer to xoserve in accordance with this clause 5 is, in aggregate, less than £250, xoserve will not issue an invoice to the Customer at that stage but will wait until: 5.4.1 the total aggregate sums payable by the Customer exceed £250; or 5.4.2 three months from the date of the last invoice issued by xoserve to the Customer for the provision of any of the Services or (if no invoice has previously been issued) three months from the date of the earliest Service Request; whichever is the first to occur at which point for the avoidance of doubt an invoice will then be issued for all sums then owing by the Customer. 5.5 Where the Services are performed in instalments, xoserve may invoice each instalment separately and the Customer shall pay such invoice in accordance with these Conditions. 5.6 All invoices issued shall be due for payment by the Customer 28 days after the date of the invoice unless otherwise agreed in writing between the parties. 5.7 The Customer must pay all invoices in full and shall not be entitled to any right of set off (other then where there is a bona fide dispute between the parties as to whether any sums are due and, in such cases, the Customer may only withhold the sum in dispute). As and when the parties reach agreement or the matter is otherwise determined in respect of any disputed sums, any monies due to xoserve must be paid in full in cleared funds within 15 Business Days of the date of resolution of the dispute. 5.8 The Customer shall be responsible for the payment of any and all bank charges which may be incurred (either by the Customer or xoserve) in the payment and receipt of payment of xoserve's invoices.. Amend to be more clear on requirements i.e. that xoserve receives the full amount it has invoiced after taking into account any charges incurred due to the Customer, but not xoserve 5.9 No payment shall be deemed to have been received by xoserve until it has received payment in full in pounds sterling and in cleared funds, including but not limited to any bank charges payable by the Customer in accordance with clause 5.8 above. 5.10 Failure by the Customer to make payment of monies due in full, in pounds sterling and in cleared funds on or by the due date for payment shall (save for amounts withheld pursuant to the provisions of clause 5.7) entitle xoserve (without prejudice to any other rights and/or remedies it may have) to:: xoserve to consider whether 5.10.1 can be restricted to make it clear the remedy will be used as a last resort. 5.10.1 suspend the performance of the Services (whether such Services are being performed under the same Service Request to which the unpaid monies relate or any other Service Request); and 5.10.2 charge the Customer interest on any unpaid amounts (both before and after any judgment) at the rate applicable from time to time under the Late Payment of Commercial Debts (Interest) Xxx 0000. 5.11 If in accordance with clause 5.7 above the Customer has withheld any monies due to xoserve and it is subsequently found that the Customer's dispute was incorrect and the monies were indeed due to xoserve: 5.11.1 subject to clause 5.11.2 below, interest shall be payable on the withheld monies at the base rate from time to time of Barclays Bank Plc plus 1% per annum from the date on which the withheld monies should have been paid to xoserve until the date on which such monies are paid in full in cleared funds; and 5.11.2 if the sums due to xoserve are not paid within the 15 Business Day payment period referred to in clause 5.7 above, interest shall be payable on the unpaid sum at the rate specified in clause 5.10.2 as from the end of that 15 Business Day period and the provisions of clause 5.10.1 may also apply. 5.12 xoserve reserves the right to carry out credit checks on the Customer prior to accepting a Service Request. xoserve may: 5.12.1 refuse to accept a Service Request from a Customer if that Customer fails to pass the credit checks; and/or 5.12.2 require the Customer to either provide security for any payments due under the Contract in an amount and form and from a person approved by xoserve and/or to pay all or part of the Charges for the Services in advance of the Services being performed by xoserve. 5.13 Any challenges to an invoice issued by xoserve must be notified by the Customer to xoserve in writing within 18 months of the date of the relevant invoice. If the Customer does not raise any challenge within this time period, it will be deemed to have accepted and confirmed that the terms of the invoice are correct. 5.14 xoserve may only make adjustments to an invoice which it has issued to the Customer in respect of the Services for a period of up to 18 months following the issue date of the invoice in question. 5.15 Any interest payable by the Customer in accordance with this clause 5 shall be invoiced by xoserve as part of the next invoice xoserve issues in respect of the provision of the Services.

CHARGES AND OTHER SUMS DUE AND PAYMENT. 5.1 In consideration for xoserve Xoserve performing the Services, the Customer agrees to pay xoserve Xoserve the Charges applicable to those ServicesServices together with all other sums due under the Contract. 5.2 The Charges payable by the Customer shall be those charges determined pursuant to the provisions of the Agency Charging Statement which are (subject to any contrary provision within a Service the Services Schedule), in force at the date on which the Customer submitted its Service Request or (if later) the date on which the Services specified in the relevant Service Request are due to commence. All Charges (and other sums due under the Contract) are exclusive of value added tax which will be charged for in addition. Xoserve shall publish any changes to the levels of the Charges not less than 35 days prior to their anticipated date of implementation. Such publication shall be by means of the Website. 5.3 xoserve Xoserve shall issue an invoice for all sums due under the Services it provides to the Customer Contract monthly in arrears unless otherwise provided in these Conditions or a Service the Services Schedule. An invoice may be issued in respect of the Services provided pursuant to more than one Service Request. 5.4 If the amount of the monies due from the Customer to xoserve Xoserve in accordance with this clause 5 is, in aggregate, less than £250, xoserve Xoserve will not issue an invoice to the Customer at that stage but will wait until: 5.4.1 the total aggregate sums payable by the Customer equal or exceed £250; or 5.4.2 three months from the date of the last invoice issued by xoserve Xoserve to the Customer for the provision of any of the Services or (if no invoice has previously been issued) three months from the date of the earliest Service Request; whichever is the first to occur at after which point for the avoidance of doubt an invoice will then be issued for all sums then owing by the Customer. 5.5 Where the Services are performed in instalments, xoserve Xoserve may invoice each instalment separately and the Customer shall pay such invoice in accordance with these Conditions. 5.6 All invoices issued shall be due for payment by the Customer 28 days after the date of the invoice unless otherwise agreed in writing between the parties. 5.7 The Customer must pay all invoices in full and shall not be entitled to any right of set off (other then where there is a bona fide dispute between the parties as to whether any sums are due and, in such cases, the Customer may only withhold the sum in dispute). As and when the parties reach agreement or the matter is otherwise determined in respect of any disputed sums, any monies due to xoserve Xoserve must be paid in full in cleared funds within 15 Business Days of the date of resolution of the dispute. 5.8 The Customer shall All sums to be responsible for the payment of any and all bank charges which may be incurred (either paid by the Customer under this Agreement shall be in pounds sterling by electronic transfer to Xoserve’s bank account at Barclays Bank plc, Stratford Road, Shirley, Solihull (Sort Code 20-77-62, Account Number 00000000) or xoservesuch other bank account as Xoserve may from time to time require upon notice to the Customer, with any applicable charges on such payments (including, by way of illustration but without limitation, overseas bank transfer charges) in not being due to any default of Xoserve, being at the payment and receipt of payment of xoserve's invoicesCustomer’s expense. 5.9 No payment shall be deemed to have been received by xoserve Xoserve until it has received payment in full in pounds sterling and in cleared funds, including but not limited to any bank charges payable by the Customer in accordance with clause 5.8 above. 5.10 Failure by the Customer to make payment of monies due in full, in pounds sterling and in cleared funds on or by the due date for payment shall (save for amounts withheld pursuant to the provisions of clause 5.7) entitle xoserve Xoserve (without prejudice to any other rights and/or remedies it may have) to: 5.10.1 (provided that not less than 10 Business Days’ notice of such suspension has first been sent to the Customer) suspend the performance of the Services (whether such under that Part of the Services are being performed under the same Service Request Schedule to which the unpaid monies relate or any other Service Request)relate; and 5.10.2 charge the Customer interest on any unpaid amounts (both before and after any judgment) at the rate applicable from time to time under the Late Payment of Commercial Debts (Interest) Xxx 0000. 5.11 If in accordance with clause 5.7 above the Customer has withheld any monies due to xoserve Xoserve and it is subsequently found that the Customer's dispute was incorrect and the monies were indeed due to xoserveXoserve: 5.11.1 subject to clause 5.11.2 below, interest shall be payable on the withheld monies at the base rate from time to time of Barclays Bank Plc plus 1% per annum from the date on which the withheld monies should have been paid to xoserve Xoserve until the date on which such monies are paid in full in cleared funds; and 5.11.2 if the sums due to xoserve Xoserve are not paid within the 15 Business Day payment period referred to in clause 5.7 above, interest shall be payable on the unpaid sum at the rate specified in clause 5.10.2 as from the end of that 15 Business Day period and the provisions of clause 5.10.1 may also apply. 5.12 xoserve Xoserve reserves the right to carry out credit checks on the Customer prior to accepting a Service Request. xoserve Xoserve may: 5.12.1 refuse to accept a Service Request from a Customer if that Customer fails to pass the credit checks; and/or 5.12.2 require the Customer to either provide security for any payments due under the Contract in an amount and form and from a person approved by xoserve Xoserve and/or to pay all or part of the Charges for the Services in advance of the Services being performed by xoserveXoserve. 5.13 Any challenges to an invoice issued by xoserve Xoserve must be notified by the Customer to xoserve Xoserve in writing within 18 months of the date of the relevant invoice. If the Customer does not raise any challenge within this time period, it will be deemed to have accepted and confirmed that the terms of the invoice are correct. 5.14 xoserve Xoserve may only make adjustments to an invoice which it has issued to the Customer in respect of the Services for a period of up to 18 months following the issue date of the invoice in question. 5.15 Any interest payable by the Customer in accordance with this clause 5 shall be invoiced by xoserve Xoserve as part of the next a subsequent invoice xoserve Xoserve issues in respect of the provision of the Services.