CHARGES AND PAYMENT. 6.1 The Charges for the Services will be as set out in the Purchase Order or Award Letter, and will be the full and exclusive remuneration of the Supplier in respect of the performance of the Services. Unless otherwise agreed in writing by the Customer, the Charges will include every cost and expense of the Supplier directly or indirectly incurred in connection with the performance of the Services.
6.2 The Supplier will invoice the Customer as specified in the Agreement. Each invoice will include such supporting information required by the Customer to verify the accuracy of the invoice including but not limited to the relevant Purchase Order number and a breakdown of the Services supplied in the invoice period.
6.3 In consideration of the supply of the Services by the Supplier, the Customer will pay the Supplier the invoiced amounts no later than 30 days after receipt of a valid invoice which includes a valid Purchase Order number. Payments may be withheld or reduced by the Customer in the event of unsatisfactory performance without prejudice to the Customer’s other rights and remedies under this Agreement.
6.4 Where the Supplier enters into a sub-contract for the purpose of performing its obligations under this Agreement, it will ensure that a provision is included in such sub-contract which requires payment to be made of all sums due by the Supplier to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice.
6.5 All amounts stated are exclusive of VAT which will be charged at the prevailing rate. The Customer will, following the receipt of a valid VAT invoice, pay to the Supplier a sum equal to the VAT chargeable on the services supplied.
6.6 If there is a dispute as to the amount invoiced the Customer will pay the undisputed amount.
6.7 If a payment of an undisputed amount is not made by the Customer by the due date, then the Customer will pay the Supplier interest at a rate which will compensate for such loss as has been directly caused by the late payment. The interest rate will not be at a rate higher than the interest rate specified in the Late Payment of Commercial Debts (Interest) Xxx 0000. Any disputed amounts will be resolved through the dispute resolution procedure detailed in clause 40.
6.8 The Supplier will not suspend the supply of the Services unless the Supplier is entitled to terminate this Agreement for a failure to pay undisputed sums in accordance with clause 15.2.
CHARGES AND PAYMENT. 8.1. In consideration of the provision of the Services, the Customer shall pay to the Supplier the Charges. Unless specified, the Customer shall be under no obligation to reimburse to the Supplier costs and expenses incurred by the Supplier in the performance of the Services.
8.2. Where Services are provided on a time and materials basis:
8.2.1. the Supplier’s standard daily fee rates for each person are calculated on the basis of an eight-hour day, worked between 8.00 am and 5.00 pm on weekdays (excluding public holidays);
8.2.2. all materials shall be supplied at cost unless specified;
8.2.3. the Supplier shall not be entitled to charge on a pro-rata basis for part-days worked by the Supplier’s personnel unless it has the Customer’s prior written consent to do so;
8.2.4. the Supplier shall ensure that the Supplier’s personnel complete time sheets recording time spent on the Services, and the Supplier shall use such time sheets to calculate the charges covered by each monthly invoice;
8.2.5. each invoice shall set out the time spent by each of the Supplier’s personnel and be accompanied by timesheets; and
8.2.6. the Supplier shall maintain complete and accurate records of the time spent and materials used by the Supplier in providing the Services in such form as the Customer shall approve. The Supplier shall allow the Customer and its agents to inspect and take copies of such records at all reasonable times on request.
8.3. All Charges are expressed exclusive of VAT. The Customer shall pay to the Supplier, in addition to the Charges, the amount of VAT (if any) which is properly chargeable by the Supplier to the Customer on or in respect of the Charges.
8.4. Unless otherwise specified, the Charges and any reimbursable costs and expenses shall be invoiced monthly in arrears. Invoices for agreed expenses shall be payable only if accompanied by a detailed breakdown of the expenses and relevant receipts.
8.5. Payment of invoices in relation to which there is no bona fide dispute shall be made in full within 30 days of the date of invoice. Payment of invoices in relation to which there is a bona fide dispute shall be made within 45 days of settlement of the dispute. The time for payment of the Charges shall not be of the essence of this Agreement.
8.6. If the liabilities to be set off are expressed in different currencies, the Customer may convert either liability at a market rate of exchange for the purpose of set-off. Any exercise by the Customer of its right...
CHARGES AND PAYMENT. 9.1 You shall pay the Subscription Fees to us in accordance with the Order Form, the Feature as a Service Terms and this clause 9.
9.2 The Subscription Fees for the Services shall be payable monthly in arrears in accordance with the Price List. All amounts stated are exclusive of VAT (Value Added Tax) and/or any other applicable taxes or levy, which shall be charged in addition at the rate in force at the date any payment is required from you.
9.3 We shall invoice you the Subscription Fees calculated in accordance with the relevant Chargeable Events and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoice.
9.4 You agree to accept invoices in electronic format and to keep us informed of any change to the email address at which electronic invoices are to be issued.
9.5 Where payment is not made in accordance with this clause 9 and provided that the invoice (or part thereof) is not subject of a genuine dispute between the Parties, we shall be entitled to charge interest accruing daily on the outstanding amount at the rate of 4% per annum above the National Bank of England base rate for the time being in force, from the due date until the outstanding amount is paid in full. We reserve the right to suspend provision of the Services until payment is received.
9.6 You shall pay all amounts due under the Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set- off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
9.7 We may accept payment made by Direct Debit or Credit Card from you.
9.8 In circumstances where you fail to make payment in respect of any invoice, we reserve the right to approximate the Subscription Fees payable and demand payment upfront or require a credit amount to be placed and maintained on your account.
9.9 We reserve the right, in our absolute discretion to remove, insert, change or alter in whole or in part and at any time the contents of the Services without prior notification to you. If, at any time whilst using the Services, you fail to comply with the Acceptable Use Policy (e.g. in respect of data storage), we may require you to pay additional charges and you shall pay such charges at our then current rates.
9.10 You agre...
CHARGES AND PAYMENT. 10.1 The price for the Goods shall be the price set out in the Service Order Form. The price of the Goods is exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be paid by the Reseller when it pays for the Goods.
10.2 The Charges for the Services shall be as set out on the Service Order Form and the Service Documents.
10.3 Save in respect of Call Tariffs in respect of which see clauses 10.6 and 10.7 hereof, Voip-Unlimited reserves the right to increase its charges set out on Voip-Unlimited’s Price Lists and Tariffs, provided that such charges cannot be increased more than once in any three-month period. Voip-Unlimited will give the Reseller written notice of any such increase at least one months before the proposed date of the increase. If such increase is not acceptable to the Reseller, it shall notify Voip-Unlimited in writing within one month of the date of Voip-Unlimited's notice and Voip-Unlimited shall have the right without limiting its other rights or remedies to terminate the Contract by giving six months’ written notice to the Reseller.
10.4 If the Reseller does not notify Voip-Unlimited in accordance with clause 10.3 hereof it shall be deemed to have accepted the increase in charges and shall not be entitled to object to the same
10.5 For the avoidance of doubt the Reseller acknowledges that it has sole responsibility for all charges relating to the use of the Services including whether such use is authorised, unauthorised, fraudulent and / or by an End User.
10.6 The Reseller accepts that the Call Tariffs set out in Voip-Unlimited’s Price Lists and Tariffs are set by Voip- Unlimited by reference to the telecommunication tariffs of third parties which Voip-Unlimited pays to provide the Services to the Reseller (insofar as the applicable Services are being provided to the Reseller by Voip-Unlimited). Those third party tariffs are not controlled by Voip-Unlimited and are subject to increase or decrease at any time.
10.7 Due to the circumstances set out at clause 10.6 hereof the Reseller agrees that, at any time during the term of the Contract, Voip-Unlimited may increase or decrease its Call Tariff charges as set out on the Call Tariffs within Voip-Unlimited’s Price Lists and Tariffs and the Reseller shall pay such increased or decreased rate in the Call Tariff charges.
CHARGES AND PAYMENT. 9.1 The price for Equipment shall be the price set out in the Order.
9.2 The charges for Services shall be on a time and materials basis:
a) the charges shall be calculated in accordance with Service Provider's Standard Daily Fee Rate;
b) Service Provider's Standard Daily Fee Rate for each individual person are calculated on the basis of an eight-hour day from 9.00 am to 5.00 pm worked on Business Days;
c) Service Provider shall be entitled to charge an overtime rate of 25% of the standard daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in clause 9.2(b); and
d) Service Provider shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom Service Provider engages in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by Service Provider for the performance of the Services, and for the cost of any materials.
9.3 Service Provider reserves the right to:
a) increase its Standard Daily Fee Rate for the charges for the Services, provided that such charges cannot be increased more than once in any 12 month period. Service Provider will give the Customer written notice of any such increase 2 (two) months before the proposed date of the increase. If such increase is not acceptable to the Customer, it shall notify Service Provider in writing within 4 (four) weeks of the date of Service Provider's notice and Service Provider shall have the right without limiting its other rights or remedies to terminate this Agreement by giving 4 (four) weeks' written notice to the Customer; and
b) increase the price of the Equipment, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Equipment to Service Provider that is due to:
(i) any factor beyond the control of Service Provider (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(ii) any request by the Customer to change the delivery date(s), quantities or types of Equipment ordered, or the Equipment Specification; or
(iii) any delay caused by any instructions of the Customer in respect of the Equipment or failure of the Customer to give Service Provider adequate or accurate information or instructi...
CHARGES AND PAYMENT. 9.1 The Customer shall pay the Subscription Fees to the Supplier for the User Subscriptions in accordance with this clause 9 and Schedule 1.
9.2 The Customer shall on or before the Effective Date provide to the Supplier approved purchase order information acceptable to the Supplier and any other relevant valid, up-to-date and complete contact and billing details and the Supplier shall invoice the Customer for the Subscription Fees payable in respect of the Subscription Term in accordance with Schedule 1.
9.3 All invoices shall be payable by the Customer within 30 days of the date of the invoice.
9.4 If the Supplier has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of the Supplier:
9.4.1 the Supplier may, without liability to the Customer, disable the Customer‘s password, account and access to all or part of the Services and the Supplier shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
9.4.2 interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
9.5 All amounts and fees stated or referred to in this agreement:
9.5.1 shall be payable in pounds sterling;
9.5.2 are, subject to clause 13.3.2, non-cancellable and non-refundable;
9.5.3 are exclusive of value added tax, which shall be added to the Supplier‘s invoice(s) at the appropriate rate.
9.6 The Supplier shall be entitled to increase the Subscription Fees and the fees payable in respect of the additional User Subscriptions purchased pursuant to clause 3.3 at any time upon 90 days’ prior notice to the Customer and Schedule 1 shall be deemed to have been amended accordingly.
CHARGES AND PAYMENT. 5.1 The amount charged by the Company for carrying out any Works will be as specified in the Statement of Work (or as otherwise specified from the Company to the Customer), subject to any Variation and any Additional Expenses Charges and/or any Services Delay Charge. All prices in the Statement of Work are exclusive of GST unless stated otherwise.
5.2 Unless specifically stated in the Statement of Work or any agreed payment schedule for the Works (which shall form part of this agreement) payment is due on the due date as follows:
(a) A deposit may be required of up to 50% of the Price for the Works is payable at the time of acceptance of the Statement of Work by or on behalf of the Customer;
(b) The balance of the total price for the Works is payable without deduction or set off by the Customer to the Company on delivery of the Goods; and
(c) Where the Customer holds a trade credit account with the Company, the total price for the Works is payable without setoff or deduction before the 20th day of the month following date of invoice.
5.3 If the Customer fails to make payment by the due date the Customer shall pay interest on the amount outstanding at the rate of 5% above the Company’s bank’s current variable lending rate from the due date for payment until payment is made. The Customer shall pay all costs, expenses and charges (including legal costs on a solicitor/client basis) that are incurred by the Company in recovering any money owing to the Company by the Customer.
5.4 The Company has the absolute right to withhold delivery or to suspend the Works where the Customer has not adhered to these payment terms.
CHARGES AND PAYMENT. 12.1 In consideration of the Supplier performing its obligations under this Agreement the Company shall pay the Charges for the Services.
12.2 Where the price of Hardware or Services is in a currency other than pounds sterling and the price provided in a Order is in pounds sterling the price is based on the Suppliers currency exchange rates (including any applicable commissions for currency conversion) on the day of the Order. Where pricing is subject to current fluctuations this will be highlighted on the Order. Pricing is by way of convenience only and is subject to currency fluctuation. Unless specified in the Order, any currency fluctuations in the pricing from the Order date to the invoice date will be applied to the invoice price. Pricing fluctuations would be applied over the term of the Agreement.
12.3 The Supplier may invoice the Company in advance for the Charges in accordance with the payment dates referred to in a Service Schedule or the Order. If not specified the Charges shall be invoiced on the following basis:
a) Equipment shall be invoiced on dispatch;
b) Orders shall be invoiced either:
(i) for Development projects, 50% of the total project Charges as set out in the Order, with the remaining balance paid either:
(A) on completion of Milestones on either a fixed cost or time incurred basis, as set out in the Order; or
(B) if there are no applicable Milestones, on a time and materials basis, and monthly in arrears based on time incurred.
(ii) on completion of Milestones on either a fixed cost or time incurred basis, as set out in the Order; or
(iii) if there are no applicable Milestones, on a time and materials basis, and monthly in arrears based on time incurred.
c) Services shall be invoiced monthly in advance, unless stated otherwise in the Order;
d) third party software licences invoiced on the later of the date of purchase or charge incurred by the Supplier from the Related Service Provider; and
e) third party network services invoiced on the date of activation.
f) Expenses incurred will be invoiced in arrears as incurred at cost.
12.4 Where a Statement of Work Commencement Date has been agreed and the Company;
a) requests to change Statement of Work Commencement Date, or
b) requests to cancel the work, or
c) is unable to meet the Company Dependencies as set out in this Agreement, which would therefore require the Company to request a change in the Statement of Work Commencement Date, and where the Supplier is unable to reasonable rede...
CHARGES AND PAYMENT. 7.1. In consideration of the services provided by Sprint under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof. The billing and payment procedures for charges incurred by CLEC hereunder are set forth in Part I.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices by the due date shown on the invoice. For invoices not paid when due, late payment charges will be assessed under Section 7.4. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.1. If an invoice is not paid within sixty (60) Days after the xxxx date, Sprint will suspend processing new orders and cancel any pending orders.
7.2.2. If the account remains delinquent ninety (90) Days after the xxxx date, Sprint will terminate all services under this Agreement.
7.3. Billed amounts for which written, itemized disputes or claims have been filed are not due for payment until such disputes or claims have been resolved in accordance with the provisions governing dispute resolution of this Agreement. Itemized, written disputes must be filed with Sprint’s National Exchange Access Center ("NEAC"), National Access Service Center (“NASC”), or appropriate equivalent center no later than the due date of the related invoice. A copy of the dispute must be sent with the remittance of the remainder of the invoice.
7.4. Sprint will assess late payment charges to CLEC equal to the lesser of the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of Days from the payment date to and including the date the customer actually makes the payment to Sprint, or 0.000329 percent per day, compounded daily for the number of Days from the payment due date to and including the date that the customer actually makes the payment to Sprint, until the amount due is paid in full.
7.5. Sprint reserves the right to secure the account with a suitable form of security deposit in accordance with Section 36.
CHARGES AND PAYMENT. Charges & invoices
3.1 The Charges are the total maximum amount payable by the Buyer to the Supplier for delivery of the Services. Charges include Fees and, where agreed, Expenses and Daily Allowances.
3.2 The Supplier must provide valid tax invoices for all Charges on the dates or at the times specified in Schedule 1. The Buyer has no obligation to pay the Charges set out on an invoice, which is not a valid tax invoice. A valid a tax invoice must:
a. clearly show all GST due b. be in Samoan currency or the currency stated in Schedule 1 c. be clearly marked 'Tax invoice'
