Common use of Charges and Payment Terms Clause in Contracts

Charges and Payment Terms. 6.1 The Charges for the Services shall be as set out in the current DTG rate card or in a specific quotation issued to the Customer in respect of the Services set out in the Booking Form. Charges are exclusive of value-added tax ("VAT") or other sales taxes. The Customer will pay DTG any VAT properly chargeable on Services supplied by DTG under this Agreement 6.2 If the Customer requires DTG to perform services which fall outside the scope of the Services, such services shall be charged to the Customer by DTG on the time and materials rate notified by DTG prior to commencing the performance of any additional services. 6.3 The Customer shall pay DTG for the replacement value of any DTG Equipment lost or damaged during the hire period as a result of the Customer’s actions and save where such loss or damage is attributable to actions or omissions of DTG Personnel; 6.4 The Customer shall pay DTG the Charges within 30 days of the date of any invoice submitted by DTG, which may be issued before or after the provision of the Services. 6.5 DTG reserves the right to delay the start of the Services or the issue of any Report connected therewith until payment has been received for the related invoice and all outstanding amounts, if any, charged in respect of previous services. 6.6 If the Customer fails to make payment on or before the due date, then without prejudice to any other right or remedy available to DTG, DTG shall be entitled to: (a) terminate this Agreement in accordance with Clause 11; (b) suspend any further provision of the Services to the Customer; and/or (c) apply interest to the outstanding amount from time to time at a rate of 4% per annum above the base rate as varied of NatWest Bank Plc, accruing daily from the date payment fell due to the date of actual payment (both dates inclusive) or the maximum rate allowable by law, whichever is less. All costs and expenses incurred by DTG to recover any unpaid sums will also be due from the Customer.

Charges and Payment Terms. 6.1 The Charges 9.1 In consideration for the Services shall be as set out in the current DTG rate card or in a specific quotation issued to the Customer in respect of the Services set out in the Booking Form. Charges are exclusive of value-added tax ("VAT") or other sales taxes. The Customer will pay DTG any VAT properly chargeable on Services supplied by DTG under this Agreement 6.2 If the Customer requires DTG to perform services which fall outside the scope of the Services, such services shall be charged to the Customer by DTG on the time and materials rate notified by DTG prior to commencing the performance of any additional services. 6.3 The Customer shall pay DTG for the replacement value of any DTG Equipment lost or damaged during the hire period as a result of the Customer’s actions and save where such loss or damage is attributable to actions or omissions of DTG Personnel; 6.4 The Customer shall pay DTG the Charges within 30 days of the date of any invoice submitted by DTG, which may be issued before or after the provision of the Services, by FirstWord to the Customer, the Customer shall effect payment to FirstWord of the applicable charges, as detailed in this MSA and attached Service Orders whether or not the Services have been, or are being utilised by the Customer. 6.5 DTG reserves 9.2 Unless otherwise agreed to by FirstWord in writing, the right Customer shall effect payment to delay FirstWord: 9.2.1 for once-off services (e.g. installation charges) on presentation of invoice and upon confirmed access to the start Hosted PABX Service Solution granted to the Customer; 9.2.2 for monthly service charges made monthly in advance within 7 (seven) days from the date of the Services or the issue receipt of any Report connected therewith until relevant invoice; 9.2.3 via a debit order where the Customer shall have discharged its obligations only upon payment has been being received by FirstWord. 9.3 In the event that FirstWord requires payment for the related invoice services provided to the Customer to be made by EFT/ Debit Order, the Customer will commit a breach of this MSA if the Customer: 9.3.1 Fails to honour the payment without the written consent of FirstWord; and all outstanding amounts, if any, charged /or 9.3.2 Provides FirstWord with an incorrect payment amount. 9.4 The monthly statement shall be sent by FirstWord to the Customer to the e-mail address supplied by the Customer in this MSA. The onus shall be on the Customer to check the statement in order to ensure that its contents are correct. Unless a query is raised in respect of previous servicesthe contents of the statement within seven days from the date thereof, the contents of the statement shall be deemed to be correct. 6.6 If 9.5 For the duration of this MSA, any migration from one service to another shall be subject to FirstWord’s approval in its discretion and the Service Provider shall be entitled to levy fees for migrations, but which fees may not exceed the amounts approved or fixed by the responsible regulatory authority from time to time. 9.6 In the event of a dispute in terms of this Agreement, Approved Service Order or an invoice, the Customer fails shall be obliged to make continue making payments in terms of undisputed invoices for services that continue to be rendered following the dispute. The Customer shall not be entitled to withhold, set off or deny payments in relation to any existing dispute. 9.7 In the event of the Subscriber failing to effect payment of any amount owing by them to FirstWord on or before the due date, then without prejudice derogating from FirstWord’s rights in terms of clause 10, the Subscriber shall be liable to pay interest to FirstWord on the amount so owing at the prime interest rate based on the average of the four dominant banks in operation within the Republic of South Africa, plus 2% (percent), from due date to date of payment. 9.8 Should the Customer wish to dispute any invoice (“disputed invoice"), such disputed invoice shall be lodged with Firstword within 5 business days of receipt thereof. 9.8.1 The Customer may not withhold amounts due in terms of valid invoices on the basis of disputed invoices. 9.9 Unless specifically stated otherwise, all prices and charges set out in the MSA and/or any price list are exclusive of VAT and any other right applicable tax or remedy available duty, the cost of which shall vest with the Subscriber. 9.10 An invoice, statement or demand in the possession of any Manager of FirstWord certifying the sum of any amount owing by the Subscriber to DTG, DTG FirstWord shall be entitled to:prima facie proof of its contents and sufficient proof for the purposes of enabling FirstWord to obtain any judgment or order against the Subscriber. (a) terminate this Agreement 9.11 Should the Subscriber be placed under administration, sequestration or liquidation proceedings, or suffer any other legal disability which will negatively affect the Subscriber’s ability to make payment to FirstWord, the Subscriber is required to notify FirstWord in accordance with Clause 11; (b) suspend any further provision writing within fifteen days of occurrence of the Services to the Customer; and/or (c) apply interest to the outstanding amount from time to time at a rate of 4% per annum above the base rate as varied of NatWest Bank Plc, accruing daily from the date payment fell due to the date of actual payment (both dates inclusive) or the maximum rate allowable by law, whichever is less. All costs and expenses incurred by DTG to recover any unpaid sums will also be due from the Customerafore-mentioned events.

Charges and Payment Terms. 6.1 The Charges 10.1. In consideration for the Services shall be as set out in the current DTG rate card or in a specific quotation issued to the Customer in respect of the Services set out in the Booking Form. Charges are exclusive of value-added tax ("VAT") or other sales taxes. The Customer will pay DTG any VAT properly chargeable on Services supplied by DTG under this Agreement 6.2 If the Customer requires DTG to perform services which fall outside the scope of the Services, such services shall be charged to the Customer by DTG on the time and materials rate notified by DTG prior to commencing the performance of any additional services. 6.3 The Customer shall pay DTG for the replacement value of any DTG Equipment lost or damaged during the hire period as a result of the Customer’s actions and save where such loss or damage is attributable to actions or omissions of DTG Personnel; 6.4 The Customer shall pay DTG the Charges within 30 days of the date of any invoice submitted by DTG, which may be issued before or after the provision of the Services, Terminal Equipment and/or any other services supplied by Mezobyte to Customer, the Customer shall effect payment to Mezobyte of the applicable charges, as detailed in this Agreement and Tel: +00 (0)00 000 0000 Fax: +00 (0)00 000 0000 xxx.xxxxxxxx.xxx 00 Xxxxxx Xxxxxxxxxxx Drive Unit 5 Meyersdal Office Park Xxxxxxxxx Xxxxxxxx, 1448 attached annexures / schedules whether or not the Services have been, or are being utilised by the Customer. 6.5 DTG 10.2. Unless otherwise agreed to by Mezobyte in writing, the Customer shall effect payment to Mezobyte: 10.2.1. for once-off services (e.g. installation charges) on presentation of pro- forma invoice and against commissioning of the Services. 10.2.2. for monthly service charges made monthly in advance within 7 days from date of any relevant invoice. 10.2.3. via an EFT where the Customer shall have discharged its obligations only upon payment being received by Mezobyte. 10.3. In the event that Mezobyte requires payment for the services provided to the Customer to be made by EFT, the Customer will commit a breach of the Agreement if the Customer: 10.4. Fails to honour the payment without the written consent of Mezobyte. 10.5. Provides Mezobyte with an incorrect payment amount. 10.6. The monthly statement shall be sent by Mezobyte to the Customer to the e-mail address supplied by the Customer in this Agreement. Onus shall be on the Customer to check the statement in order to ensure that its contents are correct. Unless a query is raised in respect of the contents of the statement within 7 days from the date thereof, the contents of the statement shall be deemed to be correct. 10.7. For the duration of this Agreement, any migration from one service to another shall be subject to Mezobyte approval in its discretion and Mezobyte shall be entitled to levy fees for migrations, but which fees may not exceed the amounts approved or fixed by the responsible regulatory authority from time to time. 10.8. In the event of Customer cancelling this or part of this Agreement other than for reasons stated in 6.7.2 – 6.7.3 or 11, Mezobyte reserves the right to delay charge a penalty equal to or less than the start value that would have been paid by the Customer for the service being cancelled over the full remaining term of the Services or contract. This will include, but not be limited to, services such as licensed wireless links, fibre links and services provisioned from third parties. 10.9. Mezobyte shall ensure that any Terminal Equipment is installed to the issue Customer’s satisfaction before commencement of billing and once the Customer has signed off on said installation, Mezobyte will accept that the Customer is satisfied with the Installation. 10.10. In the event of the Subscriber failing to effect payment of any Report connected therewith until payment has been received for the related invoice and all outstanding amounts, if any, charged in respect of previous services. 6.6 If the Customer fails amount owing by them to make payment Service Provider on or before the due date, then without prejudice to any other right or remedy available to DTGderogating from Service Provider’s rights in terms of clause 11, DTG the Subscriber shall be entitled to: (a) terminate this Agreement in accordance with Clause 11; (b) suspend any further provision of the Services liable to the Customer; and/or (c) apply pay interest to Service Provider on the outstanding amount so owing at the prime interest rate as published from time to time at a rate by First Rand Bank Limited plus 5% (percent), from due date to date of 4% per annum above payment. 10.11. Unless specifically stated otherwise, all prices and charges set out in the base rate as varied Agreement and/or any price list are exclusive of NatWest Bank PlcValue-Added Tax and any other applicable tax or duty, accruing daily from the date cost of which shall vest with the Subscriber. 10.12. A certificate under the hand of any Manager of Service Provider certifying the sum of any amount owing by the Subscriber to Service Provider shall be prima facie proof of its contents and sufficient proof for the purposes of enabling Service Provider to obtain any judgment or order against the Subscriber. Tel: +00 (0)00 000 0000 Fax: +00 (0)00 000 0000 xxx.xxxxxxxx.xxx 00 Xxxxxx Xxxxxxxxxxx Drive Unit 5 Meyersdal Office Park Xxxxxxxxx Xxxxxxxx, 1448 10.13. Should the Subscriber be placed under administration, sequestration or liquidation proceedings, or suffer any other legal disability which will negatively affect the Subscriber’s ability to make payment fell due to the date Service provider, the Subscriber is required to notify the Service Provider in writing within 7 (seven) days of actual payment (both dates inclusive) or occurrence of the maximum rate allowable afore-mentioned events. 10.14. The Customer hereby consents in the event of any legal action being instituted by lawthe Service Provider against it, whichever is lessit hereby consents to the jurisdiction of the Magistrate's Court holding jurisdiction despite the fact that the amount claimed exceeds the jurisdiction of the Magistrate's Court. All costs Notwithstanding the contents of this paragraph the Service Provider can, if it deems necessary, approach the High Court holding jurisdiction for any urgent application and expenses incurred by DTG also has the discretion to recover institute action out any unpaid sums will also be due from the CustomerHigh Court holding jurisdiction.

Charges and Payment Terms. 6.1 The Charges 10.1 In consideration for the Services shall be as set out in the current DTG rate card or in a specific quotation issued to the Customer in respect of the Services set out in the Booking Form. Charges are exclusive of value-added tax ("VAT") or other sales taxes. The Customer will pay DTG any VAT properly chargeable on Services supplied by DTG under this Agreement 6.2 If the Customer requires DTG to perform services which fall outside the scope of the Services, such services shall be charged to the Customer by DTG on the time and materials rate notified by DTG prior to commencing the performance of any additional services. 6.3 The Customer shall pay DTG for the replacement value of any DTG Equipment lost or damaged during the hire period as a result of the Customer’s actions and save where such loss or damage is attributable to actions or omissions of DTG Personnel; 6.4 The Customer shall pay DTG the Charges within 30 days of the date of any invoice submitted by DTG, which may be issued before or after the provision of the Services, Terminal Equipment and/or any other services supplied by CipherWave to Customer, the Customer shall effect payment to CipherWave of the applicable charges, as detailed in this Agreement and attached annexures/schedules whether or not the Services have been or are being utilised by the Customer. 6.5 DTG 10.2 Unless otherwise agreed to by CipherWave in writing, the Customer shall effect payment to CipherWave: 10.2.1 for once-off services (e.g. installation charges) on presentation of invoice and against commissioning of the Services. 10.2.2 for monthly service charges made monthly in advance within 14 days from date of any relevant invoice. 10.2.3 via an EFT where the Customer shall have discharged its obligations only upon payment being received by CipherWave. 10.3 In the event that CipherWave requires payment for the services provided to the Customer to be made by EFT, the Customer will commit a breach of the Agreement if the Customer: 10.3.1 Fails to honour the payment without the written consent of CipherWave. 10.3.2 Provides CipherWave with an incorrect payment amount. 10.4 The monthly statement shall be sent by CipherWave to the Customer to the e-mail address supplied by the Customer in this Agreement. Onus shall be on the Customer to check the statement in order to ensure that its contents are correct. Unless a query is raised in respect of the contents of the statement within 15 days from the date thereof, the contents of the statement shall be deemed to be correct. 10.5 For the duration of this Agreement, any migration from one service to another shall be subject to CipherWave’s approval in its discretion and CipherWave shall be entitled to levy fees for migrations, but which fees may not exceed the amounts approved or fixed by the responsible regulatory authority from time to time. 10.6 In the event of Customer cancelling this or part of this Agreement other than for reasons stated in 6.9.2 or 11, CipherWave reserves the right to delay charge a penalty equal to or less than the start value that would have been paid by the Customer for the service being cancelled over the full remaining term of the Services or contract. This will include, but not be limited to, services such as licensed wireless links, fibre links and services provisioned from third parties. 10.7 CipherWave shall ensure that any Terminal Equipment is installed to the issue Customer’s satisfaction before commencement of billing and once the Customer has signed off on said installation, CipherWave will accept that the Customer is satisfied with the Installation. 10.8 In the event of the Subscriber failing to effect payment of any Report connected therewith until payment has been received for the related invoice and all outstanding amounts, if any, charged in respect of previous services. 6.6 If the Customer fails amount owing by them to make payment Service Provider on or before the due date, then without prejudice to any other right or remedy available to DTGderogating from Service Provider’s rights in terms of clause 11, DTG the Subscriber shall be entitled to: (a) terminate this Agreement in accordance with Clause 11; (b) suspend any further provision of the Services liable to the Customer; and/or (c) apply pay interest to Service Provider on the outstanding amount so owing at the prime interest rate as published from time to time at a rate by Standard Bank Limited plus 2% (percent), from due date to date of 4% per annum above payment. 10.9 Unless specifically stated otherwise, all prices and charges set out in the base rate as varied Agreement and/or any price list are exclusive of NatWest Bank PlcValue-Added Tax and any other applicable tax or duty, accruing daily from the date cost of which shall vest with the Subscriber. 10.10 A certificate under the hand of any Manager of Service Provider certifying the sum of any amount owing by the Subscriber to Service Provider shall be prima facie proof of its contents and sufficient proof for the purposes of enabling Service Provider to obtain any judgment or order against the Subscriber. 10.11 Should the Subscriber be placed under administration, sequestration or liquidation proceedings, or suffer any other legal disability which will negatively affect the Subscriber’s ability to make payment fell due to the date Service provider, the Subscriber is required to notify the Service Provider in writing within 7 (seven) days of actual payment (both dates inclusive) or occurrence of the maximum rate allowable afore-mentioned events. 10.12 The Customer hereby consents in the event of any legal action being instituted by lawthe Service Provider against it, whichever is lessit hereby consents to the jurisdiction of the Magistrate's Court holding jurisdiction despite the fact that the amount claimed exceeds the jurisdiction of the Magistrate's Court. All costs Notwithstanding the contents of this paragraph the Service Provider can, if it deems necessary, approach the High Court holding jurisdiction for any urgent application and expenses incurred by DTG also has the discretion to recover institute action out any unpaid sums will also be due from the CustomerHigh Court holding jurisdiction.