Common use of Charges and Payment of Fees Clause in Contracts

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users requested multiplied by the User license fee currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon through the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. As a condition to signing up for the Service, you must have pre-paid for the Service using a credit or debit card, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). Your authorised License Administrator may add licenses at any time by using the Order Centre. Added User licenses will be subject to the following: (i) added licenses will run concurrently with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term ; and (iii) licenses added in the middle of a billing month will only be charged in full for the next billing month, as per below. One month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. TAM reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

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Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users User licenses requested multiplied by times the User license fee fee, or the “User Slab”, currently in effect. A User Slab is a flat rate for a specified number of users. Payments must may be made monthly in advance unless annually, monthly, or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon through the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other servicesupon. You are responsible for paying for all User licenses or the Usage Slab ordered for the entire License Term, whether or not such User licenses are actively used. As During a given billing cycle, you may only order per User licenses or a User slab but not both. During a given billing cycle, you will be charged on a per-User license rate or a User Slab rate but not both. You must provide e-BizSoft, Inc. with valid credit card or approved purchase order information as a condition to signing up for the Service. You acknowledge that e-BizSoft, you must have pre-paid Inc. may store your credit card and payment information for billing purposes for your usage of the Service using a credit or debit card, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments)Service. Your authorised An authorized License Administrator may add licenses at any time by executing an additional written Order Form or using the Online Order CentreCenter. Added User licenses will be subject to the following: (i) added licenses will run concurrently be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term fee; and (iii) licenses added in the middle of during a billing month will only either be charged in full or on a prorated basis for the next a billing month, as which will be determined per below. One month after the Effective Date or the last Invoice Due Date, the Invoice terms of your current usage license agreement for the next billing use of Service. Prorated charges will always be calculated on a 30-days-per month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal to basis regardless of the total actual number of User licenses days in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effecta month. TAM e-BizSoft, Inc. reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

Appears in 1 contract

Samples: Master Subscription Agreement

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users requested multiplied by the User license fee currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon through the Order Centre with TAM. When paying your monthly subscription (under the following tab on TAM: Company Set-up/TAM Account tabAccount/Subscription Renewal), you will also be able to pay for TAM either three-monthly or twelve-monthly in advance at discounted rates. In the event you pay twelve-monthly in advance, then TAM reserves the right to invoice you for any additional Users, charged on a pro-rata basis, that you have added to TAM above the total number of Users that you have paid for with your last subscription payment. All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. As a condition to signing up for the Service, you must have pre-paid for the Service using a credit or debit card, or similar similar, with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). Your authorised License Administrator may add licenses at any time by using the Order Centre. Added User licenses will be subject to the following: (i) added licenses will run concurrently with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term ; and (iii) licenses added in the middle of a billing month will only be charged in full for the next billing month, as per below. One month (or three months or twelve months, if you have paid three-monthly in advance or twelve monthly in advance respectively) after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the User license fee in effecteffect at the time. TAM reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 28 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

Appears in 1 contract

Samples: Main Subscription Agreement

Charges and Payment of Fees. You 9.1 In consideration of the provision of the Service by Kaptio, Customer shall pay all fees or charges to your Kaptio’s account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges and payment are set out in the relevant Order Form or any subsequent mutually agreed and signed Order Form, which will be equal to the current number of total Users requested User licenses (plus basic fee where applicable) multiplied by the User license fee currently in effect. Payments must may be made monthly annually in advance unless advance, except if otherwise mutually agreed upon through to in writing by the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are parties. 9.2 Customer is responsible for paying for all User licenses, including User licenses for Customer Users, Customer Affiliate Users and Franchisees Users, ordered for the entire License Term, whether or not such User licenses are actively used. As a condition . 9.3 Kaptio will invoice Customer for all Services it provides pursuant to signing up these Conditions, any relevant Order Form, and/or its Schedules to this these Conditions for the Serviceinitial subscription term and any renewal subscription term(s) as set forth in clause 11. Such invoicing by Kaptio and payment by Customer shall, you must have pre-paid for the Service using unless otherwise agreed under a credit Order Form, be made in advance, either annually or debit cardin accordance with any different billing frequency stated in these Conditions, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use any relevant Order Form, and/or in the future Schedules to administrate customer payments)these Conditions. Your authorised License Administrator may add licenses at any time by using Unless otherwise stated herein, Customer shall pay invoiced charges in full and in cleared funds within thirty (30) days from the Order Centreinvoice date. Customer is responsible for maintaining complete and accurate billing and contact information in the Service. 9.4 Added User licenses will be subject to the following: : (ia) added licenses will run concurrently be coterminous with the pre-existing preexisting License Term (either Initial Term or renewal term); ; (iib) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term fee; and and (iiic) licenses added in the middle of a billing month will only be charged in full for the next that billing month. 9.5 Without prejudice to clause 9.6, as per below. One month after Kaptio reserves the Effective Date or the last Invoice Due Date, the Invoice for the next billing month right to review and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal increase its fees and charges to the total number of User licenses in place at 05:00 GMT 14 working days prior extent that specific third party providers which provide services relevant to the Invoice Due Date (“Invoice Date”) multiplied Service, increase fees and charges payable to them by Kaptio. Specific third party providers in the license fee in effect. TAM reserves meaning of the preceding sentence shall, unless otherwise notified by Kaptio, be SFDC and Amazon S3. 9.6 Without prejudice to clause 15.3, Kaptio shall have the right to modify its fees and charges by giving three (3) months’ written notice to the end of the calendar month. Should an increase of fees and charges amount to introduce new charges at any timemore than seven (7) percent per year, upon at least Customer may, within 30 days prior notice following notification of such increase being received or deemed to youhave been received in accordance with clause 24, which notice may be provided by e-mailelect to terminate the Agreement. The legal consequences of termination for the prepaid fees are set out in clause 14.4. 9.7 All pricing terms are confidential, and you agree Customer agrees not to disclose them to any third party.

Appears in 1 contract

Samples: Master Subscription Agreement

Charges and Payment of Fees. You 7.1 Charges and Payment of Fees: Customer shall pay all fees or charges to your Customer’s account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges and payment are set out in the Order Form and will be equal to the current number of total Users User licenses (plus basic fee where applicable) requested multiplied by the User license fee currently in effect. Payments must may be made monthly annually, except if otherwise agreed to in advance unless otherwise mutually agreed upon through writing by the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are parties. 7.2 Customer is responsible for paying for all Fees associated with any User licenses, including User licenses for Customer Users, Customer Affiliate Users and Franchisees Users, ordered for the entire License Term, whether or not such User licenses are actively used. As a condition to signing up . 7.3 ADvendio may invoice Customer for all Services listed in the present Agreement and/or the Order Form for the Serviceinitial subscription term and any renewal subscription term(s) as set forth in Section 12 (Term of Purchased Subscriptions/Termination upon Expiration/Reduction in Number of Licenses). Such invoicing by ADvendio and payment by Customer shall be made in advance, you must have pre-paid for the Service using a credit either annually or debit card, or similar in accordance with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use any different billing frequency stated in the future to administrate customer payments). Your authorised License Administrator may add licenses at any time by using present Agreement and/or the Order CentreForm . Unless otherwise stated herein, invoiced charges are due net 30 days from the invoice date. Customer is responsible for maintaining complete and accurate billing and contact information in the ADvendio On-Demand Service(s). 7.4 Added User licenses will be subject to the following: : (i) added licenses will run concurrently be coterminous with the pre-existing then current License Term (either Initial Term or renewal term); ; (ii) the license fee for the added licenses will be the rate under then current, generally applicable license fee as per the Invoice Date for the next License Term current Order Form; and (iii) licenses added in the middle of a billing month will only can be charged in full for the next that billing month, as per below. One month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. TAM . 7.5 ADvendio reserves the right to modify its fees and charges to the extent that specific third party providers which provide services relevant for the Service to ADvendio On-Demand Service increase fees and charges payable to introduce new them by ADvendio. Specific third party providers in the meaning of the preceding sentence shall be (i) Salesforce and (ii) Amazon S3. ADvendio shall timely notify Customer of such increase. ADvendio shall have the right to modify its fees and charges at any time, upon at least 30 days prior by giving three (3) months’ written notice to youthe end of the calendar month if such increase is required to compensate for increased costs for personal, which infrastructure or other costs. Should an increase of fees and charges amount to more than seven (7) percent per year, then Customer shall have the right to terminate the Agreement by giving written notice may be provided within two months following notification by e-mailADvendio. The legal consequences of the termination for the already prepaid fees are set out in section 13. 7.6 All pricing terms are confidential, Customer Affiliates and you agree Franchisees agrees not to disclose them to any third party.

Appears in 1 contract

Samples: Master Subscription Agreement

Charges and Payment of Fees. You 10.1.1. In consideration of Vendor’s provision of the Services, Customer shall pay all fees or charges to your account specified in all Order Forms hereunder in accordance with the feesterms and conditions set forth in this Agreement. The Subscription Fee will be invoiced annually in advance, charges, commencing on the first day of the applicable Initial Term and billing terms on the first day of each Annual Billing Term thereafter. All other fees or charges specified in an Order Form will be invoiced at the rates in effect at the applicable time a fee or charge is due and payable. The initial charges will be equal to in accordance with the current number of total Users requested multiplied by the User license fee currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon through the Order Centre (under the TAM Account tab)schedule set forth therein. All payment obligations are non-cancellable cancelable and all amounts paid are non-refundablenonrefundable, except as otherwise expressly provided in this Agreement. The applicable Subscription Fee (as established by the terms of the applicable Order Form, including payments made any addendum or amendment thereto) for credits towards TAMadded User Accounts and additional recurring services will be prorated for the remaining days in the then-current Annual Billing Term for the applicable Service. 10.1.2. Professional Services are provided on either a time-and-materials or fixed fee basis, as provided in an Order Form. Any amount set forth in a time-and-materials Order Form is solely a good-faith estimate and is not a guarantee that the work will be completed for that amount. If the estimated amount is expended, Vendor will continue to provide Professional Services under the same rates and terms. Vendor will periodically update Customer on the status of the Professional Services and the fees accrued under applicable Order Forms. 10.1.3. Customer will pay all invoices within thirty (30) days of its receipt thereof, except that Customer may withhold payment of any amount disputed in good faith. The parties will use their best efforts to reconcile any dispute as soon as practicable. Customer must notify Vendor in writing of any disputed fee or charge on an invoice within thirty (30) days of receiving the invoice containing the amount in question to be eligible to receive an adjustment or credit. 10.1.4. Unless otherwise stated, Vendor’s text messaging service fees and other servicescharges do not include any Taxes. You are Customer is responsible for paying all Taxes associated with its use of Services or other activity hereunder, including those that Vendor is legally obligated to collect from Customer (subject to any valid tax exemption certificate authorized by the appropriate taxing authority). For clarity, Vendor is solely responsible for Taxes assessable against it based on its income, property, and employees. 10.1.5. Except as otherwise specified herein or in an Order Form, all User licenses ordered for the entire License Termfees, whether or not such User licenses and charges are actively usedquoted and payable in United States dollars. 10.1.6. As a condition All amounts payable to signing up for the ServiceVendor under this Agreement shall be paid by Customer to Vendor in full without any setoff, you must have pre-paid for the Service using a credit or debit cardrecoupment, counterclaim, deduction, debit, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments)withholding for any reason. Your authorised License Administrator may add licenses at any time by using the Order Centre. Added User licenses Vendor will be subject entitled to the following: (i) added licenses will run concurrently with the pre-existing License Term (either Initial Term setoff any amounts owed by Customer or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term ; and (iii) licenses added in the middle of a billing month will only be charged in full for the next billing month, as per below. One month after the Effective Date its Affiliates to Vendor or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal its Affiliates against amounts owed by Vendor to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. TAM reserves the right to modify Customer or its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third partyAffiliates.

Appears in 1 contract

Samples: Master Service Subscription Terms

Charges and Payment of Fees. You The Company shall pay all fees or charges to your the Company’s account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payablepayable as set forth in the applicable Purchase Order Form(s). The initial charges will be equal to the current number of total Users requested multiplied by the User license fee currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon through the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are Company is responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. As The Company shall provide i3 with valid credit card or approved purchase order information as a condition to signing up for the Service, you must have pre-paid for the Service using a credit or debit card, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments)CMS. Your authorised An authorized License Administrator may add licenses at any time by using the executing an additional written Purchase Order Centre. Added User Form; added licenses will be subject to the followingfollowing unless otherwise agreed upon by the parties: (i) added licenses will run concurrently be coterminous with the pre-existing License Term (either Initial Term initial term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term fee; and (iii) licenses added in the middle of a billing month will only be charged in full for the next billing that entire month, as per below. One month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. TAM i3 reserves the right to modify its fees and charges and to introduce new charges at any time, time upon at least 30 days days’ prior written notice to you, which notice may be provided the Company unless otherwise agreed upon by e-mailthe parties. All pricing terms are confidential, and you the Company and i3 each agree not to disclose them to any third party. If the Term is renewed after the Initial Term, i3 will issue an invoice to the Company each year during the renewed Term on the subsequent anniversary date as set forth in the applicable Purchase Order Form(s), or as otherwise agreed upon by the parties. Unless otherwise provided in a Purchase Order Form the renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior Term, unless i3 has given the Company at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. i3's charges are exclusive of all taxes, levies, or duties imposed by taxing authorities on the provision of the CMS to the Company pursuant to this Agreement, and the Company shall be responsible for payment of all such taxes, levies, or duties.. Unless otherwise provided in a Purchase Order Form: (i) entities with headquarters and a majority of entities resident in the United States will be billed in U.S. dollars; and (ii) all other entities will be billed in Canadian dollars. Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection (including attorneys’ fees and costs). The Company agrees to provide i3 with complete and accurate billing and contact information. This information includes the Company’s legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. The Company agrees to update this information within 30 days of any change. If the Company believes any xxxx submitted by i3 to the Company is incorrect, the Company must contact i3 in writing within 60 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Appears in 1 contract

Samples: CMS & Alert Center Solution Agreement

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Charges and Payment of Fees. You shall Customer will pay all fees or charges to your its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users User licenses requested multiplied by times the User license fee currently in effect. Payments must may be made monthly in advance unless otherwise mutually agreed upon through annually, monthly, or quarterly, consistent with the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are responsible for paying for all User licenses ordered for the entire License Initial Term, at Customer's election. License fees are nonrefundable whether or not such User licenses are actively used. As Customer must provide INDIGO SLATE with valid credit card or approved purchase order information as a condition to signing up for the Service, you must have pre-paid for the Service using a credit or debit card, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). Your authorised An authorized License Administrator may add licenses at any time by executing an additional written Order Form or using the Online Order CentreCenter. Added User licenses will be subject to the following: (i) added licenses will run concurrently be coterminous with the pre-existing preexisting License Term (either Initial Term or renewal term); ) (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term fee; and (iii) licenses added in the middle of a billing period month will only be charged in full for the next that billing monthperiod, on a pro rata basis, as per belowwell as the subsequent billing period. One month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. TAM INDIGO SLATE reserves the right to modify its fees change the fees, applicable charges and charges usage policies and to introduce new charges at any time, upon at least 30 days prior notice to youCustomer, which notice may be provided by e-mail. All pricing terms The maximum disk storage space provided to Customer at no additional charge is a cumulative of 100 MB per User license. If the amount of disk storage required exceeds this limit, Customer will be charged the then-current storage fees. INDIGO SLATE will use reasonable efforts to notify Customer when the average storage used per license reaches approximately 90% of the maximum; however, any failure by INDIGO SLATE to so notify Customer shall not affect Customer's responsibility for such additional storage charges. INDIGO SLATE reserves the right to establish or modify its general practices and limits concerning storage of Customer Data. INDIGO SLATE charges and collects in advance for use of the Service. INDIGO SLATE will automatically renew and bill Customer's credit card or issue an invoice to Customer (a) every month for monthly licenses, (b) every quarter for quarterly licenses, or (c) each year on the subsequent anniversary for annual licenses. The renewal charge will be equal to the then-current number of total User licenses times the then-current license fee in effect at the time of renewal. Fees for other services will be charged on an as-quoted basis. Indigo Slate fees are confidentialexclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree not Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Indigo Slate income. Customer agrees to disclose them provide INDIGO SLATE with complete and accurate billing and contact information. This information includes Customer's legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. Customer agrees to update this information within 30 days of any change to it. If the contact information Customer has provided is false or fraudulent, INDIGO SLATE reserves the right to terminate Customer's access to the Service in addition to any third partyother legal remedies. For credit card payers, invoices will be generated at the start of a license or billing period and Customer's credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of a license or billing period and approximately one month in advance of the start of any renewal or subsequent billing period and shall be due within 30 days. Customer's account will be considered delinquent (in arrears) if payment in full is not received by the license or billing period start date. Unless INDIGO SLATE in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (ii) entities with headquarters and a majority of users resident in Japan will be billed in Japanese yen and subject to Japanese payment terms and pricing schemes ("Japanese Customers"); and (iii) all other entities will be billed in U.S. dollars, Euros or local currency and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of INDIGO SLATE ("Non-U.S./Japan Customers"). If Xxxxxxxx believes that the bill is incorrect, Customer must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. In addition to any other rights granted to INDIGO SLATE herein, INDIGO SLATE reserves the right to suspend or terminate this Agreement and Customer's access to the Service if Customer's account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Customer will continue to be charged for User licenses during any period of suspension. If Customer or INDIGO SLATE initiate termination of this Agreement, Customer will be obligated to pay the balance due on Customer's account computed in accordance with the Charges and Payment of Fees section above. Customer agrees that INDIGO SLATE may charge such unpaid fees to Customer's credit card or otherwise bill Customer for such unpaid fees.

Appears in 1 contract

Samples: Terms of Use

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with according to the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users requested multiplied by the User license fee currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon through the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. As You must supply to AAI a valid credit card or approved purchase order information as a condition to of signing up for the Service. AAI charges and collects, you must have pre-paid in advance, for the Service using a use of service. AAI will automatically renew and charge your credit or debit cardcard each month for monthly licenses, or similar with for each non-monthly term to be at least 12 months or longer, on the payment being confirmed to TAM subsequent anniversary date, predicated by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). Your authorised License Administrator may add licenses at any time by using the Order Centre. Added User licenses will be subject to the following: (i) added licenses will run concurrently with the preyour sign-existing License Term (either Initial Term or renewal term); (ii) the license fee up date, for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term ; and (iii) licenses added in the middle of a billing month will only be charged in full for the next billing month, as per below. One month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”)non-monthly licenses. The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the then-current license fee in effecteffect at the time of the renewal. TAM Fees for other services will be charged on an as-quoted basis. At AAI's discretion, terms of 12 months may be invoiced as long as the first three months of the term are paid by credit card, in advance of commencement of service. The invoice, payable to AAI, must be received 15 days from the date of the invoice. The amount of the invoice shall be for the balance of the term, less the three months charged to your credit card in advance of the commencement of service. This shall apply to all purchase order licenses as well. AAI's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States or applicable state and local taxes based solely on AAI's income. If you believe your charge is incorrect, you must contact us in writing within 180 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Along with any other rights granted to AAI herein, AAI reserves the right to modify its suspend or conclude this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for licenses during any period of suspension. If you or Applied Answers, Inc. initiates termination of this Agreement, AAI does not waive the right to collect the balance due on your account computed according to the Charges and Payment of Fees section above. You agree that AAI may charge such unpaid fees to your credit card or otherwise xxxx you for such unpaid fees. AAI reserves the right to impose a reconnection fee in the event you are suspended and charges thereafter request access to the Service. You agree and acknowledge that AAI has no obligation to introduce new charges at any time, upon at least retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third partyor more delinquent.

Appears in 1 contract

Samples: Terms and Subscription Agreement

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with according to the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users requested multiplied by the User license fee currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon through the Order Centre (under the TAM Account tab). All payment obligations are non-cancellable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. As You must supply to AAI a valid credit card or approved purchase order information as a condition to of signing up for the Service. AAI charges and collects, you must have pre-paid in advance, for the Service using a use of service. AAI will automatically renew and charge your credit or debit cardcard each month for monthly licenses, or similar with for each non-monthly term to be at least six months or longer, on the payment being confirmed to TAM subsequent anniversary date, predicated by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). Your authorised License Administrator may add licenses at any time by using the Order Centre. Added User licenses will be subject to the following: (i) added licenses will run concurrently with the preyour sign-existing License Term (either Initial Term or renewal term); (ii) the license fee up date, for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term ; and (iii) licenses added in the middle of a billing month will only be charged in full for the next billing month, as per below. One month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”)non-monthly licenses. The renewal charge included on this Invoice will be equal to the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the then-current license fee in effecteffect at the time of the renewal. TAM Fees for other services will be charged on an as-quoted basis. At AAI's discretion terms of six months may be invoiced as long as the first two months of the term are paid by credit card, in advance of commencement of service. The invoice, payable to AAI, must be received 15 days from the date of the invoice. The amount of the invoice shall be for the balance of the term, less the two months charged to your credit card in advance of the commencement of service. This shall apply to all purchase order licenses as well. AAI's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States or applicable state and local taxes based solely on AAI's income. If you believe your charge is incorrect, you must contact us in writing within 180 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Along with any other rights granted to AAI herein, AAI reserves the right to modify its suspend or conclude this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for licenses during any period of suspension. If you or Applied Answers, Inc. initiates termination of this Agreement, AAI does not waive the right to collect the balance due on your account computed according to the Charges and Payment of Fees section above. You agree that AAI may charge such unpaid fees to your credit card or otherwise xxxx you for such unpaid fees. AAI reserves the right to impose a reconnection fee in the event you are suspended and charges thereafter request access to the Service. You agree and acknowledge that AAI has no obligation to introduce new charges at any time, upon at least retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third partyor more delinquent.

Appears in 1 contract

Samples: Terms and Subscription Agreement

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total Users User licenses requested multiplied by times the User license fee currently in effect. Payments must be made monthly annually in advance unless otherwise mutually agreed upon through the in an Order Centre (under the TAM Account tab)Form. All payment obligations are non-cancellable cancelable and all amounts paid are non-refundable, including payments made for credits towards TAM’s text messaging service and other servicesnonrefundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. As You must provide eMaint with valid credit card or approved purchase order information as a condition to signing up for the Service, you must have pre-paid for the Service using a credit or debit card, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). Your authorised An authorized License Administrator may add licenses at any time by executing an additional written Order Form or using the Order Centre'Add New User' feature in the Service. Added User licenses will be subject to the following: (i) added licenses will run concurrently be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee as per the Invoice Date for the next License Term fee; and (iii) licenses added in the middle of a billing month will only be charged in full for the next that billing month. eMaint performs data backups of all paying customers’ eMaint Online account data. The servers’ data backup procedure typically occurs between the hours of 12 midnight and 2 a.m. Eastern Time, seven days a week. During the backup process, you may incur a momentary pause (up to 90 seconds) should you be accessing your data at the precise moment the backup of your account data is taking place. Backup functions on other client data will have no effect on your access to your data. In the event that a web server ceases to function or that data files become corrupt, a system restore from backup will be performed, with every reasonable attempt being made to recover lost data. In the event that such a system restore from backup is required, eMaint will seek to have the system fully operational and back on-line within 48 hours. eMaint will notify its customers, via email, that such a procedure is taking place and will inform customers of the estimated date and time that the server is due to be operational. eMaint charges and collects in advance for use of the Service. This agreement may be renewed and extended for a one (1) year subsequent term if agreed between the parties in writing. Fees for other services will be charged on an as per belowquoted basis. One month after the Effective Date eMaint's fees are exclusive of all taxes, levies, or the last Invoice Due Dateduties imposed by taxing authorities, the Invoice and you shall be responsible for the next payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on eMaint's income You agree to provide eMaint with complete and accurate billing month and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Term will fall due (“Invoice Due Date”)Administrator. The renewal charge included on You agree to update this Invoice will be equal information within 30 days of any change to it. If the total number of User licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. TAM contact information you have provided is false or fraudulent, eMaint reserves the right to modify its fees and charges and terminate your access to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them the Service in addition to any third partyother legal remedies. You will be billed in U.S. dollars and be subject to U.S. payment terms and pricing schemes as agreed upon by the parties in writing. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Appears in 1 contract

Samples: Subscription Agreement

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