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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 5 contracts
Samples: Subscriber Terms and Conditions, Subscriber Terms and Conditions, Subscriber Terms and Conditions
CHARGES AND PAYMENT. 9.1 You shall must pay Our charges for the Subscription Fees to us in accordance with the Order FormTelecom Services and, where applicable, the Feature as a Service Terms Equipment, the Installation Services and this clause 9the Maintenance Services ("the Charges"). You can request the details of the applicable Charges from Our Customer Care Department. We may change the Charges at any time upon giving You at least 14 days prior notice, provided that in exceptional circumstances we may change the Charges on less than 14 days notice. Such exceptional circumstances may include where Our suppliers change their charges to Us on less than 14 days notice.
9.2 The Subscription Fees Monthly Service Charge (as detailed on the Form) is the minimum amount payable by You per month for the term of the Agreement. If you decide to cease or transfer any of the services for any reason the Monthly Service Charge will not be varied. Any additional Telecom Services not included within the Monthly Service Charge will be charged at the agreed rate.
9.3 In addition to the Charges, You shall pay Us any additional sums which are agreed by Us and You, or any sums which, in Our sole discretion are required, including, without limitation as a result of:
9.3.1 any change in delivery and installation dates, designs, quantities or specifications for the Equipment which is requested by You;
9.3.2 any delay caused by Your instructions or Your failure to give Us adequate information or instructions;
9.3.3 unexpected or unforeseen complications arising;
9.3.4 the inaccuracy of Your Material;
9.3.5 any other cause attributable to You.
9.4 Whether payment of the Charges is in advance or in arrears generally depends upon the nature of the Telecom Services or other services selected. However, We reserve the right to require You to pay the Charges in advance. Any Charges for the Maintenance Services shall be payable billed monthly in arrears advance.
9.5 You agree to pay all Charges billed by Us within 14 days of the date of each bill by direct debit unless alternative terms are agreed in accordance writing by Us at the time the Agreement is entered into. If you do not pay the Charges when they fall due We may, at Our sole discretion, immediately suspend the provision of the Telecom Services and/or the Maintenance Services until the Charges have been paid in full.
9.6 You shall sign and maintain for the duration of the Agreement a variable direct debit mandate which will enable Us to withdraw the amount of the Charges from Your nominated bank account. If You allow a direct debit mandate to lapse, We reserve the right to charge an additional fee to cover any administrative costs which we incur in collecting payment by alternative means.
9.7 You understand and agree that any adjustment to any System used by You will require an adjustment in the Charges for the Maintenance Services and We reserve the right to implement any such adjustment at any time. Notwithstanding the foregoing, We reserve the right to adjust, without notification, the Charges for the Maintenance Services at the end of each 12 month period from the date of the Agreement.
9.8 If at any time during the Agreement We have reasonable cause to doubt Your credit worthiness, We may require You to make payment in advance of the whole or part of the Charges for Equipment and/or the Telecom Services, or at Our discretion to provide reliable security to the value of such sum or sums as are owed or will become payable to us under the Agreement.
9.9 We shall prepare and send bills for usage Charges in such form and manner as shall be agreed between You and Us (or in the absence of agreement, as determined by Us). Usage Charges payable by You shall be calculated with reference to data recorded, logged or obtained by Us whether or not the Price List. Telecom Services have been used by or with Your authority and irrespective of any fraud and not by reference to any data logged or recorded by You.
9.10 All amounts stated sums referred to in this Agreement are exclusive of VAT (Value Added Tax) and/or Tax and any other applicable taxes or levyof a similar nature which may from time to time be introduced, and which shall be charged in addition at the rate in force at the date any payment is required from youaddition.
9.3 9.11 If this Agreement is terminated part way through a month, no refund shall be due to You and nor shall We shall invoice you pro rata any Charges payable by You in respect of that month for the Subscription Fees calculated in accordance with Telecom Services, Maintenance Services and/or the relevant Chargeable Events and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoiceEquipment.
9.4 9.12 If 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 of any amount on the due date then, without limiting any other right or remedy available to Us, We may:
9.12.1 terminate the Agreement or suspend any further deliveries of Equipment and/or performance of the Maintenance Services and/or the Telecom Services to You and We shall have no liability to You in respect of the suspension, nor in respect of any invoice, we reserve the right loss or damage caused to approximate the Subscription Fees payable and demand You as a result of it; and/or
9.12.2 appropriate any payment upfront or require a credit amount made by You 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 such of the Services without prior notification to you. If, at Equipment (or any time whilst using the Services, you fail to comply with the Acceptable Use Policy (e.g. in respect of data storageequipment supplied under any other agreement between Us and You ), we Maintenance Services and/or Telecom Services or any additional sums payable as We may require you to pay additional charges and you shall pay such charges at our then current rates.think fit (notwithstanding any purported appropriation by You); and/or
9.10 9.12.3 charge You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including for all the legal or debt collection agency costs incurred by Us (both in and reasonable legal costsout of Court) which shall be a minimum of 15% of the unpaid amount on a full indemnity basis.
Appears in 5 contracts
Samples: Telecommunications, Telecommunications, Telecommunications
CHARGES AND PAYMENT. 9.1 You shall pay 13.1 In consideration of the Subscription Fees to us proper provision of the Services by the Contractor in accordance with the Order Formterms of this Contract, the Feature Authority will pay the Contractor the Contract Price as a Service Terms set out and this clause 9.
9.2 The Subscription Fees for the Services shall be payable monthly calculated in arrears accordance with Schedule 4 and in accordance with the following provisions of this Clause 13.
13.2 The Contract Price List. All amounts stated are exclusive will be inclusive of VAT all costs of staff, facilities, equipment (Value Added Tax) and/or any including the Equipment), materials, mobilisation and other applicable taxes expenses whatsoever incurred by the Contractor in discharging its obligations under this Contract.
13.3 The Contractor will issue its invoices for:
13.3.1 Equipment Installation; and
13.3.2 Equipment Maintenance, at such dates, milestones or levy, which shall be charged in addition at the rate end of such periods as may be specified in force Schedule 4.
13.4 The Contractor will submit its invoices to the address set out in Schedule 1. Each such invoice will contain all information required by the Authority as specified in this Clause 13 together with this Contract’s Reference Number, SAP purchase order number, the Contractor’s name and address and a separate calculation of VAT. The Contractor will not make any separate charge for submitting such invoices. If an invoice does not contain the required information or is not in the specified format, the Authority will notify the Contractor and the Contractor will issue a revised invoice. The period for payment set out in this Clause 13 will not begin until the Authority has received an invoice containing the required information and in the specified format.
13.5 Invoicing for Installations
13.5.1 The Contractor’s invoice will specify the sum the Contractor considers to be due at the payment due date any payment and the basis on which that sum is required from youcalculated, whether or not that sum is zero.
9.3 We shall 13.5.2 The due date for payment of each payment in respect of the Contract Price will be the date on which a proper and correct invoice you (complying with the Subscription Fees requirements of Clause 13.4), including any revised invoice submitted pursuant to Clause 13.4 is received by the Authority. Invoices submitted prematurely or which do not comply with the requirements of Clause 13.4, will not be valid and will be resubmitted in the proper form at the proper time.
13.5.3 The final date for payment of each payment in respect of the Contract Price will be thirty (30) days after the due date for each such payment (or ten (10) days after the due date for each such payment if the Contractor is an SME (as defined in Schedule 13)) or such other time period as may be specified in Schedule 4.
13.5.4 Subject to Clause 13.8 and unless the Authority has served a notice under Clause 13.5.5, the Authority will pay the Contractor the sum referred to in the Contractor’s properly submitted invoice (the “Notified Sum”) on or before the final date for payment of each payment.
13.5.5 The Authority may give the Contractor a notice in writing specifying the Authority’s intention to pay less than the Notified Sum (the “Pay Less Notice”). The Pay Less Notice will specify:
13.5.5.1 the sum that the Authority considers to be due on the date the notice is served, whether or not that sum is zero; and
13.5.5.2 the basis on which that sum is calculated, and that sum will become the amount payable. The Pay Less Notice must be given not later than 1 day before the final date for payment of the Notified Sum (the “Prescribed Period”).
13.6 Invoicing for Regular Maintenance
13.6.1 The Authority will notify the Contractor within 5 (five) Working Days of the end of such Reporting Period of the Contract Availability Result, the Total Payment for Regular Maintenance (as calculated in accordance with Part 2 of Schedule 4) due and detailing any Bonus Payments payable or Abatements due for the relevant Chargeable Events and you shall pay Reporting Period just ended including its calculations.
13.6.2 The Contractor will review the Subscription Fees identified on the invoice Total Payment for Regular Maintenance, Bonus Payments or Abatements calculated by the due date identified on Authority within 2 (two) Working Days of receiving such calculations and will notify the invoiceAuthority whether it accepts (an “Acceptance”) or disputes (an “Objection”) the Authority’s calculations, stating clearly why it reasonably believes such calculations are incorrect and providing evidence in support of such assertion. If the Contractor fails to provide clear explanations or satisfactory supporting evidence, the Authority may request the Contractor to provide this.
9.4 You agree 13.6.3 If the Contractor notifies the Authority of an Acceptance it will submit an invoice to accept invoices the Authority for the agreed amount in electronic the required 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 Clause 13.4. The Contractor’s invoice will specify the invoice (or part thereof) is not subject of a genuine dispute between sum the Parties, we shall Contractor considers to be entitled to charge interest accruing daily on the outstanding amount due at the rate of 4% per annum above the National Bank of England base rate for the time being in force, from the payment due date until and the outstanding amount basis on which that sum is paid in full. We reserve the right to suspend provision of the Services until payment calculated, whether or not that sum is receivedzero.
9.6 You shall pay all amounts 13.6.4 The 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 date for 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 each payment in respect of any invoice, we reserve the right to approximate invoice will be the Subscription Fees payable date on which a proper and demand payment upfront correct invoice (complying with the requirements of Clause 13.6.3) is received by the Authority. Invoices submitted prematurely 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 which do not comply with the Acceptable Use Policy (e.g. requirements of Clause 13.6.3, will not be valid and will be resubmitted in the proper form at the proper time.
13.6.5 The final date for payment of each payment in respect of data storagethe invoice will be thirty (30) days after the due date for each such payment or ten (10) days after the due date for each such payment if the Contractor is an SME (as defined in Schedule 13)) or such other time period as may be specified in Schedule 4.
13.6.6 If the Contractor submits an Objection to the Authority, we the Authority will, within 5 (five) Working Days of receiving such Objection or within 5 (five) Working Days of receiving a clear explanation or satisfactory supporting evidence notify the Contractor whether:
13.6.6.1 it agrees with the Objection; or
13.6.6.2 it disagrees with the Objection.
13.6.7 On receipt of a notification by the Authority pursuant to Clause 13.6.6, the Contractor will submit an invoice to the Authority in the required format and in accordance with Clause 13.4. The Contractor’s invoice will specify the sum the Contractor considers to be due at the payment due date and the basis on which that sum is calculated, whether or not that sum is zero.
13.6.8 The due date for payment of each payment in respect of the invoice will be the date on which a proper and correct invoice (complying with the requirements of Clause 13.6.7) is received by the Authority.
13.6.9 The final date for payment of each payment in respect of the invoice will be thirty (30) days after the due date for each such payment or ten (10) days after the due date for each such payment if the Contractor is an SME (as defined in Schedule 13)) or such other time period as may require you be specified in Schedule 4.
13.6.10 Subject to Clause 13.8 and unless the Authority has served a notice under Clause 13.6.11, the Authority will pay the Contractor the Notified Sum on or before the final date for payment of each payment.
13.6.11 The Authority may give the Contractor a Pay Less Notice specifying the Authority’s intention to pay additional charges less than the Notified Sum. The Pay Less Notice will specify:
13.6.11.1 the sum that the Authority considers to be due on the date the notice is served, whether or not that sum is zero; and
13.6.11.2 the basis on which that sum is calculated, and you shall pay such charges at our then current ratesthat sum will become the amount payable. The Pay Less Notice must be given within the Prescribed Period.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 3 contracts
Samples: Supply, Installation and Maintenance Contract, Supply, Installation and Maintenance Contract, Supply, Installation and Maintenance Contract
CHARGES AND PAYMENT. 9.1 You must pay Our charges for the Services and, where applicable, the Mobile Equipment ("the Charges"). You can request the details of the applicable Charges from Our Customer Care Department. We may change the Charges at any time upon giving You at least 14 days prior notice, provided that in exceptional circumstances we may change the Charges on less than 14 days notice. Such exceptional circumstances may include where Our suppliers change their charges to Us on less than 14 days notice.
9.2 In addition to the Charges, You shall pay the Subscription Fees to us Us any additional sums which are agreed by Us and You, or any sums which, in accordance with the Order FormOur sole discretion are required, the Feature including, without limitation as a Service Terms and this clause 9.result of:
9.2 The Subscription Fees 9.2.1 any change in delivery dates, designs, quantities or specifications for the Services shall be payable monthly in arrears in accordance with Mobile Equipment which is requested by You;
9.2.2 any delay caused by Your instructions or Your failure to give Us adequate information or instructions;
9.2.3 unexpected or unforeseen complications arising;
9.2.4 the Price List. All amounts stated are exclusive inaccuracy of VAT (Value Added Tax) and/or Your Material
9.2.5 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 youcause attributable to You.
9.3 We Unless otherwise agreed by Us, You shall invoice you the Subscription Fees calculated pay:
9.3.1 in accordance with the relevant Chargeable Events advance for subscription, rental and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoiceother recurring Charges (including inclusive usage Charges); and
9.3.2 in arrears for usage (excluding inclusive usage Charges), connection and other non-recurring Charges.
9.4 You agree to accept invoices pay the Charges billed by Us within 14 days of the date of each bill for Services unless alternative terms are agreed in electronic format and writing by Us at the time the Agreement is entered into. You agree to keep us informed pay the Charges relating to Mobile Equipment within 30 days of any change to the email address at which electronic invoices are to be issueddate of Our bill.
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 Charges (including any termination fees) in full without any deduction or withholding except as required by law and you set off.
9.6 You shall not be entitled to assert any credit, set- off or counterclaim against us in order to justify withholding make payment of all Charges by direct debit unless otherwise agreed in writing by Us. You shall sign and maintain for the duration of the Agreement a variable direct debit mandate which will enable Us to withdraw the amount of the Charges from Your nominated bank account. If You allow a direct debit mandate to lapse, We reserve the right to charge an additional fee to cover any such amount administrative costs which we incur in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us collecting payment by you against any amount payable by us to youalternative means.
9.7 If at any time during the Agreement We have reasonable cause to doubt Your credit worthiness, We may accept require You to make payment made by Direct Debit in advance of the whole or Credit Card from youpart of the Charges for Mobile Equipment and/or the Services, or at Our discretion to provide reliable security to the value of such sum or sums as are owed or will become payable to us under the Agreement.
9.8 In circumstances where you We shall prepare and send bills for usage Charges in such form and manner as shall be agreed between You and Us (or in the absence of agreement, as determined by Us). Usage Charges payable by You shall be calculated with reference to data recorded, logged or obtained by Us whether or not the Services have been used by or with Your authority and irrespective of any fraud and not by reference to any data logged or recorded by You.
9.9 All sums referred to in this Agreement are exclusive of Value Added Tax and any other taxes of a similar nature which may from time to time be introduced, and which shall be charged in addition.
9.10 If this Agreement is terminated part way through a month, no refund shall be due to You and nor shall We pro rata any Charges payable by You in respect of that month for the Services and/or the Mobile Equipment.
9.11 If You fail to make payment of any amount on the due date then, without limiting any other right or remedy available to Us, We may:
9.11.1 terminate the Agreement or suspend any further deliveries of Mobile Equipment and/or the Services to You and We shall have no liability to You in respect of the suspension, nor in respect of any invoice, we reserve the right loss or damage caused to approximate the Subscription Fees payable and demand You as a result of it; and/or
9.11.2 appropriate any payment upfront or require a credit amount made by You 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 such of the Services without prior notification to you. If, at Mobile Equipment (or any time whilst using the Services, you fail to comply with the Acceptable Use Policy (e.g. in respect of data storageMobile Equipment supplied under any other agreement between Us and You ), we and/or Services or any additional sums payable as We may require you to pay additional charges and you shall pay such charges at our then current rates.think fit (notwithstanding any purported appropriation by You); and/or
9.10 9.11.3 charge You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including for all the legal or debt collection agency costs incurred by Us (both in and reasonable legal costsout of Court) which shall be a minimum of 15% of the unpaid amount on a full indemnity basis.
Appears in 3 contracts
Samples: Terms and Conditions for Mobile Telecom and Data Services, Terms and Conditions for Mobile Telecom and Data Services, Terms and Conditions for Mobile Telecom and Data Services
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order FormSIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a complete month. If you wish to have a full use of Service Terms and this clause 9for the prepaid charges which are non-refundable, you shouldchoose a termination date which falls on the last day of your xxxx period by giving us at least 30 days’ prior notice.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition arrears on a single monthly invoice. Payment for Charges is due on the date specified in the xxxx issued through the xxxx formats chosen by you. We may issue interim bills or more than one xxxx per month to you and there is no time limit on when we may xxxx you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the xxxx. We may direct you to pay an entity other than us when settling a xxxx.
6.4 We are required by law to ensure that our xxxx systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your xxxx to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the xxxx on or before the payment due date. If any Charge is not queried before this time, then the xxxx is deemed correct and accepted by you.
6.5 If you do not pay any amount due under this Agreement on time, we may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid;
(b) charge you interest (calculated on a daily basis) at the rate equal to 2% above the Hong Kong Dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited on the outstanding Charges until payment of the Charges is made in force at full; and
(c) ask a debt-collection agency to collect the date payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us)
6.6 Where you have more than one account with us:
(a) we may transfer any payment is required from credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the various accounts of you.
9.3 We shall invoice 6.7 You will be liable for all Charges for the Mobile Service provided to you, whether or not used by you or the Subscription Fees calculated in accordance User, or another person with or without your knowledge or consent and irrespective of whether the relevant Chargeable Events and you shall pay use or transmission of the Subscription Fees identified on the invoice by the due date identified on the invoiceMobile Service was successful.
9.4 You agree 6.8 We may apply a credit limit from time to accept invoices in electronic format time for Charges incurred by you and to keep us informed of any change may suspend access 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 PartiesMobile Service, 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, if the limit is exceeded.
6.9 We can xxxx you through a billing agent or any HKT group companies.
6.10 Depending on the SIM Card you use, our Bills are available in the following formats:
(a) Email Xxxx – a xxxx sent by email in PDF/HTML format to your Email Xxxx email address. If you register for Email Xxxx, you may also receive an SMS Xxxx and may no longer receive a Paper Xxxx.
(b) Paper Xxxx – a xxxx sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Xxxx – a xxxx you may view online by logging in to “My Account” on xxx.0000.xxx.xx or xxx.xxxxx.xxx.
(d) SMS Xxxx- a xxxx summary sent by SMS to your registered mobile number.
6.11 We may, without limiting will use our other rights best endeavours to deliver your xxxx to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.12 To help us ensure you can continue to receive your Xxxx, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Xxxx, Paper Xxxx or SMS Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
CHARGES AND PAYMENT. 9.1 You shall The Client agrees to pay the Subscription Fees charges on the following terms:-
9.1 All Charges shall become due and payable to us in accordance with BLUE ZINC IT LTD at the Order Form, times and the Feature as a Service Terms and this clause 9stages agreed between the parties.
9.2 The Subscription Fees Client shall pay any additional charges which are agreed between BLUE ZINC IT LTD and the Client for the provision of the Services within 7 days after completion of the Services and the Client shall be payable monthly also pay such additional charges which are in arrears BLUE ZINC IT LTD's sole discretion required as a result of the Client's instructions or lack of instructions, delay in accordance with providing or the Price List. All amounts stated are exclusive inaccuracy of VAT (Value Added Tax) and/or any Supplied Material or any other applicable taxes or levycause attributable to the Client. Where the Client has a Direct Debit set up with BLUE ZINC IT LTD for the payment of any charges, which any additional charges as defined under this 9.2, may be collected via this Direct Debit.
9.3 In the event of late payment the Client shall be charged in addition pay interest on the amount of the Charges outstanding at the rate in force at of 2% above the date any payment is required base lending rate from you.
9.3 We shall invoice you time to time of 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 invoiceBank of England.
9.4 You agree If any payment remains overdue BLUE ZINC IT LTD reserves the right to accept invoices in electronic format immediately close the Client's Client Area and to keep us informed suspend all other work until payment of all outstanding charges and interest is made. Such closure or withholding does not relieve the Client of his or her obligation to pay any change to the email address at which electronic invoices are to outstanding Charges and interest. If such a suspension is imposed, you will be issuedliable for a "reconnection" charge of £50/€75.
9.5 Where The Client shall be liable for and shall indemnify BLUE ZINC IT LTD against all costs and expenses incurred by BLUE ZINC IT LTD in respect of any steps, actions or proceedings made or brought against the Client by BLUE ZINC IT LTD to obtain payment of outstanding Charges and interest
9.6 All payments must be in UK Pounds Sterling unless otherwise agreed in writing. If any cheque from the Client is not made returned by the bank as unpaid for any reason the Client will be liable for an administration fee of £30/€45.
9.7 You acknowledge that our Services are provided using facilities provided to us by third parties; BLUE ZINC IT LTD shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge 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 question prior to such notice you shall be entitled to charge interest accruing daily on terminate 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 Contract 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 written notice to us given 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 within 7 days after service 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 notice of the Services without prior notification increase to you. If, at any time whilst using the ServicesIf you do so terminate, you fail will remain liable for all Charges (at the previous rate) up 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 ratesdate the Contract ends.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Tm2/Tm3 Hosted Terms and Conditions, Tm2/Tm3 Hosted Terms and Conditions
CHARGES AND PAYMENT. 9.1 21.1 You shall pay the Subscription Fees to us in accordance with this Agreement:
21.1.1 the Order FormLease Charges;
21.1.2 any Administration Fees;
21.1.3 an Account Activation charge (if applicable, as set out in the Feature Lease Agreement);
21.1.4 any Additional Charges;
21.1.5 the set-up fee in respect of each Vehicle (if applicable)
21.1.6 any other amount due to us by you under this Agreement, (together the “Charges”)
21.2 Where applicable and as set out in the Lease Agreement, you agree to pay any required Deposit to us on the Start Date. The Deposit is a Service Terms and this clause 9.
9.2 The Subscription Fees for payment against default by you of payment of the Services shall be payable monthly in arrears Lease Charges, any Additional Charges due in accordance with the Price List. All amounts stated are exclusive of VAT (Value Added Tax) Clause 22 or any other charges which fall due under this Agreement and/or any other applicable taxes loss 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 Damage to the email address at which electronic invoices are Vehicle whilst in your possession. If you fail to be issued.
9.5 Where payment is not made pay any sums due in accordance with this clause 9 and provided that the invoice (or part thereof) is not subject of a genuine dispute between the PartiesAgreement, we shall be entitled to charge interest accruing daily on apply the Deposit against such default. You agree to pay to us any sums deducted from the Deposit within ten (10) working days of a demand for the same. Subject to us setting off the Deposit against any outstanding sums owed to us upon termination or expiry of this Agreement or, we will refund the Deposit (or balance thereof) to you within ten (10) working days of the end of the Return Date.
21.3 Subject to Clause 21.4, all Lease Charges will be invoiced and paid by you 1 month in advance by either debit / credit card payment or direct debit. Any Additional Charges which may be invoiced (as and when they arise) and payment shall be due payable by you by debit / credit card payment or direct debit.
21.4 For the avoidance of doubt, where we are not satisfied with any credit checks which we undertake, we will notify you of the payment terms that shall apply in writing, such payment terms to apply in place of those set out in Clause 21.3.
21.5 We shall have a right of set off against any amount due from you to us or any member of our Group, any sum or sums which at the rate date of 4% per annum above set off are due and owing to you from us or any member of our Group.
21.6 Notwithstanding any agreed period of credit, or the National Bank remedies available to us under Clause 21.14 if any invoice is overdue for payment the balance of England base rate for your account becomes immediately due and payable.
21.7 All sums stated or referred to in this Agreement are exclusive of VAT which (if applicable) shall be added to our invoice at the appropriate rate.
21.8 In respect of each of the SOGO Flexi Lease, we shall be entitled to periodically increase the Charges upon 28 days prior notice (Notice Period) in writing to you in accordance with Clause 21.9 below, or at such time being as a new Lease Agreement is entered into in forcerespect of the Vehicles On-Leased to you.
21.9 We are entitled to increase Charges as indicated by the percentage increase in RPI during the Lease Period without recourse to yourself. In the event that our increase to the Charges exceed RPI, from the due date until the outstanding amount is paid in full. We reserve you shall have the right to suspend provision return any Vehicle within the Notice Period. Such return will constitute return of the Services until payment is receivedVehicle prior to the Return Date and you will remain liable for Lease Charges (at the original Charge rate as set out in the Lease Agreement) up to the Return Date as identified in the Lease Agreement. You will also remain liable for any Charges relating to Additional Equipment (if any).
9.6 You 21.10 If in the event that the Vehicles are still On-Lease to you on expiration of the Notice Period, you shall pay all amounts due under be deemed to have accepted the Agreement adjustment to the Charges and shall be bound by the revised terms and will be charged at the increased rate from expiration of the Notice Period.
21.11 Nothing within Clause 21 shall prejudice any other rights or obligations contained in this Agreement, save that Clause 21.9 takes precedence over Clause 7.3.
21.12 No payment shall be considered paid until it is received by us in pound sterling, in cleared funds in full to such bank account as nominated by us from time to time. Subject to Clause 21.13, payment shall be made by you in full without any set-off, deduction or withholding except as required by law whatsoever.
21.13 In the event you reasonably and genuinely dispute any invoice, you shall not be entitled to assert notify us as soon as possible after receipt of the invoice (and in any credit, set- off or counterclaim against us in order to justify withholding event at least seven (7) working days before payment is due) and we shall investigate the dispute and shall notify you of any such amount in whole or in partamendments to the disputed element of the invoice. 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 Our decision in respect of a disputed invoice shall be final.
21.14 Subject to Clause 21.13, if we have not received payment by the due date, and without prejudice to any invoiceother rights and remedies we have, 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.may:
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 21.14.1 without prior notification liability to you. If, suspend the performance of this Agreement until payment in full has been made;
21.14.2 charge interest on a daily basis on such due amounts at any time whilst using an annual rate equal to 5% over 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 ratesbase lending rate of Barclays Bank plc from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment; and/or
21.14.3 immediately terminate this Agreement without further liability to you or any obligation to refund any sums already paid.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Unregulated Consumer Hire Agreement, Unregulated Consumer Hire Agreement
CHARGES AND PAYMENT. 9.1 You shall pay 8.1 We will let you know the Subscription Fees basis of calculating the charges for the services and related goods (and any extra charges such as delivery charges) to us in accordance the fullest extent we can when you place an order with the Order Form, the Feature as a Service Terms and this clause 9us.
9.2 8.2 Where you have ordered goods which are being manufactured to a non-standard specification, goods manufactured specifically for you, or goods manufactured to your specification or are customised for you then we may request that you pay us a deposit of up to 50% of the value of the order at the time you submit your order to cover our initial costs and expenses (including any third party costs) that we incur in fulfilling your order. The Subscription Fees for the Services balance shall be payable monthly in arrears in accordance with by you prior to delivery of 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 yougoods.
9.3 8.3 We shall invoice you accept the Subscription Fees calculated in accordance with the relevant Chargeable Events following payment methods: credit cards (via Paypal), debit cards (via Paypal), bank transfer and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoicePaypal.
9.4 You agree 8.4 We will do all that we reasonably can to accept invoices ensure that all of the information you give us when paying for the goods and/or services is secure by using an encrypted secure payment mechanism. However, in electronic format and the absence of negligence on our part we will not be legally responsible to keep us informed of you for any change loss that you may suffer if a third party gains unauthorised access to the email address at which electronic invoices are to be issuedany information that you give us.
9.5 Where 8.5 If your payment is not made received by us and you have already received the goods and/or the services have been delivered, you:
8.5.1 must pay for such goods and/or services within 7 days; or
8.5.2 must return any goods to us as soon as possible. If so, you must keep the goods in accordance your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
8.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.7 Nothing in this clause 9 affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 5 and provided that 6.
8.8 The price of the invoice goods:
8.8.1 is in pounds sterling (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 £)(GBP);
8.8.2 includes VAT where appropriate at the rate applicable rate; and
8.8.3 does not include the cost of 4% per annum above delivering 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 receivedgoods.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order FormSIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a complete month. If you wish to have a full use of Service Terms and this clause 9for the prepaid charges which are non-refundable, you should choose a termination date which falls on the last day of your xxxx period by giving us at least 30 days' prior notice.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition arrears on a single monthly invoice. Payment for Charges is due on the date specified in the xxxx issued through the xxxx formats chosen by you. We may issue interim bills or more than one xxxx per month to you and there is no time limit on when we may xxxx you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the xxxx. We may direct you to pay an entity other than us when settling a xxxx.
6.4 We are required by law to ensure that our xxxx systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your xxxx to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the xxxx on or before the payment due date. If any Charge is not queried before this time, then the xxxx is deemed correct and accepted by you.
6.5 If you do not pay any amount due under this Agreement on time, we may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid;
(b) charge you interest (calculated on a daily basis) at the rate equal to 2% above the Hong Kong Dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited on the outstanding Charges until payment of the Charges is made in force at full; and
(c) ask a debt-collection agency to collect the date payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us).
6.6 Where you have more than one account with us:
(a) we may transfer any payment is required from credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the various accounts of you.
9.3 We shall invoice 6.7 You will be liable for all Charges for the Mobile Service provided to you, whether or not used by you or the Subscription Fees calculated in accordance User, or another person with or without your knowledge or consent and irrespective of whether the relevant Chargeable Events and you shall pay use or transmission of the Subscription Fees identified on the invoice by the due date identified on the invoiceMobile Service was successful.
9.4 You agree 6.8 We may apply a credit limit from time to accept invoices in electronic format time for Charges incurred by you and to keep us informed of any change may suspend access 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 PartiesMobile Service, 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, if the limit is exceeded.
6.9 We can xxxx you through a billing agent or any HKT group companies.
6.10 Depending on the SIM Card you use, our Bills are available in the following formats:
(a) Email Xxxx – a xxxx sent by email in PDF/HTML format to your Email Xxxx email address. If you register for Email Xxxx, you may also receive an SMS Xxxx and may no longer receive a Paper Xxxx.
(b) Paper Xxxx – a xxxx sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Xxxx – a xxxx you may view online by logging in to "My Account" on xxx.0000.xxx.xx or xxx.xxxxx.xxx.
(d) SMS Xxxx – a xxxx summary sent by SMS to your registered mobile number.
6.11 We may, without limiting will use our other rights best endeavours to deliver your xxxx to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.12 To help us ensure you can continue to receive your Xxxx, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Xxxx, Paper Xxxx or SMS Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
CHARGES AND PAYMENT. 9.1 You shall pay 4.1 We publish details of all tariffs, fees and Charges (including details of Activation Fees, number change fees and applicable Disconnection Fees) on the Subscription Fees Site. Our Charges may change from time to us time in accordance with the Order FormClause 18, the Feature as a Service Terms and this clause 9but we will notify you in advance with details of any changes.
9.2 The Subscription Fees for 4.2 Provision of 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 Combined Residential Telephone and Internet Service is conditional upon you paying all Charges 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 Combined Residential Telephone and Internet Service, in accordance with this clause 9 and provided Agreement, which will include:
4.2.1 Connection Charges (payable up front);
4.2.2 Access Rental Charge (payable monthly in advance);
4.2.3 Call Charges (paid monthly in arrears);
4.2.4 Disconnection Fees (payable with final Access Rental Charge);
4.2.5 Re-activation Fees (payable up front); and
4.2.6 Installation Fee (payable up front);
4.3 If we notify you before you enter into this Agreement that a deposit is required, payment of the invoice deposit will have to have cleared before services can commence. We will return any deposit which you pay to us by way of a credit to your account on your request after a satisfactory six (6) month payment history. The deposit may be used by us to pay all or part thereof) of any outstanding debt that you owe us. Please note that an interest is not subject payable on any deposits held by us.
4.4 We reserve the right to pass on any third party charges we incur directly as a result of recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a genuine dispute between third party for collection.
4.5 If you fail to make any payment by the Partiesdue date, we shall be entitled entitled, but not obliged, to charge you interest accruing daily on the outstanding amount overdue amount, from the due date, up to the date of payment, after as well as before judgement, at the rate of 4% per annum above the National base rate from time to time of the Royal Bank of England base rate for the time being in forceScotland. Such interest will accrue on a daily basis, 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 receivedwill be compounded quarterly and will be payable by you on demand.
9.6 You shall pay all amounts due under 4.6 If you use the Agreement Combined Residential Telephone and Internet Service 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 invoicea manner that is inconsistent with your tariff, we reserve the right to approximate apply the Subscription tariff that corresponds to the level and type of use you make of the Combined Residential Telephone and Internet Service.
4.7 We will invoice you on a monthly basis in accordance with the seethelight’s consumer code of practice which is available on the Site or in paper form on request (the “Code of Practice”).
4.8 Subject to the following provisions of this Clause 4, you will pay all invoices issued by us by the due date set out in the invoice.
4.9 You Will Pay:
4.9.1 In advance, for all Installation Fees, Connection Charges, Access Rental Charges and Re-activation Fees; and
4.9.2 On demand, for all Disconnection Fees and all other sums which are payable on demand, as referred to in this Agreement; and
4.9.3 In arrears, for all Call Charges and demand all any other Charges which seethelight decides to xxxx in arrears.
4.10 You will be responsible for all the Charges for the provision of the Services, from the date on which we activate the Service (the “Services Start Date”), unless otherwise agreed in writing with us.
4.11 Unless you think that there has been a mistake, you must pay all sums due in full and you cannot offset, deduct or withhold any part of any sum you owe us. If you do think there has been a mistake, you must notify seethelight as set out in Clause 4.19
4.12 Direct debit is seethelight’s preferred method of payment, although we do accept other methods of payment.
4.13 The methods of payment upfront or require a credit accepted by seethelight are set out on our Site and in our Code of Practice.
4.14 We have included VAT at the current UK rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount to be placed due and maintained on the amount of VAT payable. All electronic VAT invoices are available by accessing your on-line account.
9.9 We reserve 4.15 If payment is by credit card, seethelight reserves the right, at any time, to stop accepting credit cards from one or more issuers.
4.16 If your credit or debit card details change, you must notify us immediately. Failure to do so may lead to suspension or termination of your Service.
4.17 If you pay via E-Billing, it is your responsibility as a customer to keep your email address up to date, so you can continue to receive and pay your E-Bills.
4.18 Your Order for the Combined Residential Telephone and Internet Service authorises seethelight to charge your debit or credit card, as set out in our absolute discretion to remove, insert, change or alter in whole or in part and at any time the contents Code of the Services without prior notification to youPractice. If, at any time whilst using the Services, you fail to comply with the Acceptable Use Policy The authorisation will remain valid until twenty (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 rates20) Business Days after seethelight receives your written notice terminating seethelight’s authority.
9.10 4.19 Your seethelight account will have a credit limit applied. Should you wish to have the limit amended, this can be reviewed upon request by emailing xxxxxxx@xxxxxxxxxxx.xx.xx.
4.20 You agree must notify seethelight in writing within five (5) Business Days after the date of your latest bill if you dispute any seethelight charges. Billing disputes must be notified to pay us any reasonable costs that we incur when recovering any amount owed xxxxxxx@xxxxxxxxxxx.xx.xx or by you, including debt collection agency costs and reasonable legal costscontacting our Customer Care Line.
Appears in 2 contracts
Samples: Residential Telephone and Internet Service Agreement, Residential Telephone and Internet Service Agreement
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order FormSIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a complete month. If you wish to have a full use of Service Terms and this clause 9for the prepaid charges which are non-refundable, you should choose a termination date which falls on the last day of your xxxx period by giving us at least 30 days’ prior notice.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition arrears on a single monthly invoice. Payment for Charges is due on the date specified in the xxxx issued through the xxxx formats chosen by you. We may issue interim bills or more than one xxxx per month to you and there is no time limit on when we may xxxx you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the xxxx. We may direct you to pay an entity other than us when settling a xxxx.
6.4 We are required by law to ensure that our xxxx systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your xxxx to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the xxxx on or before the payment due date. If any Charge is not queried before this time, then the xxxx is deemed correct and accepted by you.
6.5 If you do not pay any amount due under this Agreement on time, we may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid;
(b) charge you interest (calculated on a daily basis) at the rate in force at equal to 2% above the date Hong Kong Dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited on the outstanding Charges until payment of
(c) ask a debt-collection agency to collect the payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us)
6.6 Where you have more than one account with us:
(a) we may transfer any payment is required from credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the various accounts of you.
9.3 We shall invoice 6.7 You will be liable for all Charges for the Mobile Service provided to you, whether or not used by you or the Subscription Fees calculated in accordance User, or another person with or without your knowledge or consent and irrespective of whether the relevant Chargeable Events and you shall pay use or transmission of the Subscription Fees identified on the invoice by the due date identified on the invoiceMobile Service was successful.
9.4 You agree 6.8 We may apply a credit limit from time to accept invoices in electronic format time for Charges incurred by you and to keep us informed of any change may suspend access 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 PartiesMobile Service, 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, if the limit is exceeded.
6.9 We can xxxx you through a billing agent or any HKT group companies.
6.10 Depending on the SIM Card you use, our Bills are available in the following formats:
(a) Email Xxxx – a xxxx sent by email in PDF/HTML format to your Email Xxxx email address. If you register for Email Xxxx, you may also receive an SMS Xxxx and may no longer receive a Paper Xxxx.
(b) Paper Xxxx – a xxxx sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Xxxx – a xxxx you may view online by logging in to “My Account” on xxx.0000.xxx.xx or xxx.xxxxx.xxx.
(d) SMS Xxxx- a xxxx summary sent by SMS to your registered mobile number.
6.11 We may, without limiting will use our other rights best endeavours to deliver your xxxx to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.12 To help us ensure you can continue to receive your Xxxx, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Xxxx, Paper Xxxx or SMS Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order FormSIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a complete month. If you wish to have a full use of Service Terms and this clause 9for the prepaid charges which are non-refundable, you should choose a termination date which falls on the last day of your xxxx period by giving us at least 30 days’ prior notice.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition arrears on a single monthly invoice. Payment for Charges is due on the date specified in the xxxx issued through the xxxx formats chosen by you. We may issue interim bills or more than one xxxx per month to you and there is no time limit on when we may xxxx you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the xxxx. We may direct you to pay an entity other than us when settling a xxxx.
6.4 We are required by law to ensure that our xxxx systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your xxxx to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the xxxx on or before the payment due date. If any Charge is not queried before this time, then the xxxx is deemed correct and accepted by you.
6.5 If you do not pay any amount due under this Agreement on time, we may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid;
(b) charge you interest (calculated on a daily basis) at the rate equal to 2% above the Hong Kong Dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited on the outstanding Charges until payment of the Charges is made in force at full; and
(c) ask a debt-collection agency to collect the date payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us)
6.6 Where you have more than one account with us:
(a) we may transfer any payment is required from credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the various accounts of you.
9.3 We shall invoice 6.7 You will be liable for all Charges for the Mobile Service provided to you, whether or not used by you or the Subscription Fees calculated in accordance User, or another person with or without your knowledge or consent and irrespective of whether the relevant Chargeable Events and you shall pay use or transmission of the Subscription Fees identified on the invoice by the due date identified on the invoiceMobile Service was successful.
9.4 You agree 6.8 We may apply a credit limit from time to accept invoices in electronic format time for Charges incurred by you and to keep us informed of any change may suspend access 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 PartiesMobile Service, 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, if the limit is exceeded.
6.9 We can xxxx you through a billing agent or any HKT group companies.
6.10 Depending on the SIM Card you use, our Bills are available in the following formats:
(a) Email Xxxx – a xxxx sent by email in PDF/HTML format to your Email Xxxx email address. If you register for Email Xxxx, you may also receive an SMS Xxxx and may no longer receive a Paper Xxxx.
(b) Paper Xxxx – a xxxx sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Xxxx – a xxxx you may view online by logging in to “My Account” on xxx.0000.xxx.xx or xxx.xxxxx.xxx.
(d) SMS Xxxx- a xxxx summary sent by SMS to your registered mobile number.
6.11 We may, without limiting will use our other rights best endeavours to deliver your xxxx to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.12 To help us ensure you can continue to receive your Xxxx, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Xxxx, Paper Xxxx or SMS Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
CHARGES AND PAYMENT. 9.1 You shall pay a. Billing will commence on the Subscription Fees Service activation date. Billing will not be delayed due to us in accordance with your readiness to accept or use the Order Form, the Feature as a Service Terms and this clause 9.
9.2 The Subscription Fees Service. Charges for the Services shall Service will be payable billed in monthly in arrears in accordance with cycles on a regular working day each month as notified to you when Simple Telecoms accepts your order ("Billing Period"). Provision of the Price List. All amounts stated are exclusive of VAT (Value Added Tax) and/or any other Service is conditional upon you paying all fees and charges 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 Service in accordance with this clause 9 Agreement. We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. You must pay all sums due in full and provided that you cannot set off, deduct, or withhold any part of any sum you owe in respect of the invoice Service. We publish all call plans, fees and charges (or part thereofincluding details of shipping fees, activation fees, number change fees and applicable disconnection fees) at xxx.xxxxxxxxxxxxx.xx.xx and xxx.xxxxxxxxxxxxxx.xxx. The methods of payment accepted by Simple Telecoms is not subject of a genuine dispute between the PartiesDirect Debit only. Where VAT must be paid, we shall be entitled to charge interest accruing daily on the outstanding amount have included it at the rate current rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount due and the amount of 4% per annum above the National Bank of England base rate for the time being in force, VAT payable. All electronic VAT invoices are available by accessing your on-line account.
b. You will be charged rental from the due date until day Simple Telecommunications Ltd supply the outstanding amount service. The service is paid in fulladvance. The first invoice will show a charge for the whole month in which the invoice is issued and for the whole of the following calendar month. (2 whole months.) This advance payment means you'll have covered your 30-day notice period for cancellation, allowing us to terminate your line for you the same day you notify us should it become necessary. It will also include the part month during which the line went live with us. The service charge will depend on how Simple Telecommunications Ltd classifies your service and or call plan. The classifications are listed at the Simple Telecommunications Ltd website xxx.xxxxxxxxxxxxxx.xx.xx
c. If your direct debit details change you must notify us immediately. Failure to do so may lead to suspension or termination of your Service.
d. Your initial order for the Service authorises Simple Telecoms to charge your direct debit. The authorisation will remain valid until 30 days after Simple Telecoms receives your written notice terminating Simple Telecoms authority.
e. We may at any time, impose a credit limit on your account and we may charge your direct debit for the full amount of charges incurred at any time and offset the amount credited against the full amount of charges due at the end of the Billing Period.
f. We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. You must pay all sums due in full and you cannot set off, deduct, or withhold any part of any sum you owe us. 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 charge for administration costs incurred in full without recovering any deduction or withholding except as required by law sum you owe us, 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 employ debt collection agencies, to assign the Subscription Fees payable and demand payment upfront right to collect your debt or require to factor your debt to a credit amount to be placed and maintained on your accountthird party for collection.
9.9 We reserve the rightg. All subscription charges will be billed a clear calendar month in advance and all usage-based charges will be billed monthly in arrears, together with and any other charges which Simple Telecoms decides to bill 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 ratesarrears.
9.10 h. We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.
i. You agree must notify Simple Telecoms in writing within 14 days after the date of your direct debit or bank statement if you dispute any Simple Telecoms charges. Billing disputes must be notified to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.xxxxxxxx@xxxxxxxxxxxxxx.xxx
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order FormSIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a complete month. If you wish to have a full use of Service Terms and this clause 9for the prepaid charges which are non-refundable, you should choose a termination date which falls on the last day of your bill period by giving us at least 30 days' prior notice.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition arrears on a single monthly invoice. Payment for Charges is due on the date specified in the bill issued through the bill formats chosen by you. We may issue interim bills or more than one bill per month to you and there is no time limit on when we may bill you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the bill. We may direct you to pay an entity other than us when settling a bill.
6.4 We are required by law to ensure that our bill systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your bill to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the bill on or before the payment due date. If any Charge is not queried before this time, then the bill is deemed correct and accepted by you.
6.5 If you do not pay any amount due under this Agreement on time, we may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid;
(b) charge you interest (calculated on a daily basis) at the rate equal to 2% above the Hong Kong Dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited on the outstanding Charges until payment of the Charges is made in force at full; and
(c) ask a debt-collection agency to collect the date payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us).
6.6 Where you have more than one account with us:
(a) we may transfer any payment is required from credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the various accounts of you.
9.3 We shall invoice 6.7 You will be liable for all Charges for the Mobile Service provided to you, whether or not used by you or the Subscription Fees calculated in accordance User, or another person with or without your knowledge or consent and irrespective of whether the relevant Chargeable Events and you shall pay use or transmission of the Subscription Fees identified on the invoice by the due date identified on the invoiceMobile Service was successful.
9.4 You agree 6.8 We may apply a credit limit from time to accept invoices in electronic format time for Charges incurred by you and to keep us informed of any change may suspend access 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 PartiesMobile Service, 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, if the limit is exceeded.
6.9 We can bill you through a billing agent or any HKT group companies.
6.10 Depending on the SIM Card you use, our Bills are available in the following formats:
(a) Email Bill – a bill sent by email in PDF/HTML format to your Email Xxxx email address. If you register for Email Bill, you may also receive an SMS Bill and may no longer receive a Paper Bill.
(b) Paper Bill – a bill sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Bill – a bill you may view online by logging in to "My Account" on xxx.0000.xxx.xx or xxx.xxxxx.xxx.
(d) SMS Bill – a bill summary sent by SMS to your registered mobile number.
6.11 We may, without limiting will use our other rights best endeavours to deliver your bill to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.12 To help us ensure you can continue to receive your Bill, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Bill, Paper Bill or SMS Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order FormSIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a complete month. If you wish to have a full use of Service Terms and this clause 9for the prepaid charges which are non-refundable, you should choose a termination date which falls on the last day of your xxxx period by giving us at least 30 days’ prior notice.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition arrears on a single monthly invoice. Payment for Charges is due on the date specified in the xxxx issued through the xxxx formats chosen by you. We may issue interim bills or more than one xxxx per month to you and there is no time limit on when we may xxxx you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the xxxx. We may direct you to pay an entity other than us when settling a xxxx.
6.4 We are required by law to ensure that our xxxx systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your xxxx to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the xxxx on or before the payment due date. If any Charge is not queried before this time, then the xxxx is deemed correct and accepted by you.
6.5 If you do not pay any amount due under this Agreement on time, we may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid;
(b) charge you interest (calculated on a daily basis) at the rate equal to 2% above the Hong Kong Dollar best lending rate of the Hong Kong and Shanghai Banking Corporation Limited on the outstanding Charges until payment of the Charges is made in force at full; and
(c) ask a debt-collection agency to collect the date payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us).
6.6 Where you have more than one account with us:
(a) we may transfer any payment is required from credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the various accounts of you.
9.3 We shall invoice 6.7 You will be liable for all Charges for the Mobile Service provided to you, whether or not used by you or the Subscription Fees calculated in accordance User, or another person with or without your knowledge or consent and irrespective of whether the relevant Chargeable Events and you shall pay use or transmission of the Subscription Fees identified on the invoice by the due date identified on the invoiceMobile Service was successful.
9.4 You agree 6.8 We may apply a credit limit from time to accept invoices in electronic format time for Charges incurred by you and to keep us informed of any change may suspend access 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 PartiesMobile Service, 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, if the limit is exceeded.
6.9 We can xxxx you through a billing agent or any HKT group companies.
6.10 Depending on the SIM Card you use, our Bills are available in the following formats:
(a) Email Xxxx – a xxxx sent by email in PDF/HTML format to your Email Xxxx email address. If you register for Email Xxxx, you may also receive an SMS Xxxx and may no longer receive a Paper Xxxx.
(b) Paper Xxxx – a xxxx sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Xxxx – a xxxx you may view online by logging in to “My Account” on xxx.xxxxx.xxx or xxx.0000.xxx.xx .
(d) SMS Xxxx- a xxxx summary sent by SMS to your registered mobile number.
6.11 We may, without limiting will use our other rights best endeavours to deliver your xxxx to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.12 To help us ensure you can continue to receive your Xxxx, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Xxxx, Paper Xxxx or SMS Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Mobile Services Agreement, Mobile Services Agreement
CHARGES AND PAYMENT. 9.1 You shall 9.1. Where you subscribe directly with us for the Solution, you will on the Effective Date provide to us valid up-to-date and complete purchase order information, billing details and complete a continuous direct debit mandate authority. We will raise an annual invoice which we will take partial payment against at the agreed intervals for the Subscription Fees from your nominated bank account via direct debit on the dates agreed in the Documentation. No Initial Subscription Term applies in this instance.
9.2. Where you subscribe for the Solution through one of our Sage Partners, you will be required to pay the Subscription Fees in advance for the duration of the Initial Subscription Term. At the end of the Initial Subscription Term, and thereafter, we will issue further invoices to us your Sage Partner for Fixed Renewal Terms which you will also be required to pay in accordance with the Order Form, the Feature as a Service Terms and this clause 9advance.
9.2 The 9.3. If we have not received payment of the applicable 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 30 days after 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 maydate, without limiting prejudice to our other rights or remedies:
9.3.1. we may, set off without liability to you, disable your password, account and access to all or part of the Solution or disable certain functionality and we will be under no obligation to provide any amount owing or all of the Solution to us by you against whilst the invoice(s) concerned remain unpaid; and
9.3.2. interest will accrue on such overdue amounts at an annual rate equal to 4% over the then current EURIBOR at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.
9.4. All amounts and fees stated or referred to in this Agreement are:
9.4.1. payable in Euros;
9.4.2. subject to clause 13.4.2, non-cancellable and non-refundable;
9.4.3. exclusive of value added tax which will be added to our invoices at the appropriate rate. We will be entitled to increase the Subscription Fees at any amount payable time to take effect at the end of your Initial Subscription Term, Fixed Renewal Term, or issuance of your next annual invoice thereafter provided that you can terminate this Agreement within 60 days of being notified of the change (such notification being the earlier of: issuance by us of an invoice to you for the increased Subscription Fee; or, a communication advising of changes to the Subscription Fee) should the increase be unacceptable to you.
9.7 We may accept payment made by Direct Debit or Credit Card from you.
9.8 In circumstances where you fail 9.5. For the purposes of clause 14.2.1, failure to make payment in respect of any invoice, we reserve the right to approximate pay the Subscription Fees payable and demand payment upfront or require when due constitutes a credit amount to be placed and maintained on your accountmaterial breach of this Agreement.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
CHARGES AND PAYMENT. 9.1 21.1 You shall pay the Subscription Fees to us in accordance with this Agreement:
21.1.1 the Order FormLease Charges;
21.1.2 any Administration Fees;
21.1.3 an Account Activation charge (if applicable, as set out in the Feature Lease Agreement);
21.1.4 any Additional Charges;
21.1.5 the set-up fee in respect of each Vehicle (if applicable)
21.1.6 any other amount due to us by you under this Agreement, (together the “Charges”)
21.2 Where applicable and as set out in the Lease Agreement, you agree to pay any required Deposit to us on the Start Date. The Deposit is a Service Terms and this clause 9.
9.2 The Subscription Fees for payment against default by you of payment of the Services shall be payable monthly in arrears Lease Charges, any Additional Charges due in accordance with the Price List. All amounts stated are exclusive of VAT (Value Added Tax) Clause 22 or any other charges which fall due under this Agreement and/or any other applicable taxes loss 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 Damage to the email address at which electronic invoices are Vehicle whilst in your possession. If you fail to be issued.
9.5 Where payment is not made pay any sums due in accordance with this clause 9 and provided that the invoice (or part thereof) is not subject of a genuine dispute between the PartiesAgreement, we shall be entitled to charge interest accruing daily on apply the Deposit against such default. You agree to pay to us any sums deducted from the Deposit within ten (10) working days of a demand for the same. Subject to us setting off the Deposit against any outstanding sums owed to us upon termination or expiry of this Agreement or, we will refund the Deposit (or balance thereof) to you within ten (10) working days of the end of the Return Date.
21.3 Subject to Clause 21.4, all Lease Charges will be invoiced and paid by you 1 month in advance by either debit / credit card payment or direct debit. Any Additional Charges which may be invoiced (as and when they arise) and payment shall be due payable by you by debit / credit card payment or direct debit.
21.4 For the avoidance of doubt, where we are not satisfied with any credit checks which we undertake, we will notify you of the payment terms that shall apply in writing, such payment terms to apply in place of those set out in Clause 21.3.
21.5 We shall have a right of set off against any amount due from you to us or any member of our Group, any sum or sums which at the rate date of 4% per annum above set off are due and owing to you from us or any member of our Group.
21.6 Notwithstanding any agreed period of credit, or the National Bank remedies available to us under Clause 21.14 if any invoice is overdue for payment the balance of England base rate for your account becomes immediately due and payable.
21.7 All sums stated or referred to in this Agreement are exclusive of VAT which (if applicable) shall be added to our invoice at the appropriate rate.
21.8 In respect of each of the lease agreement, we shall be entitled to periodically increase the Charges upon providing 1 months prior notice (Notice Period) in writing to you in accordance with Clause 21.9 below, or at such time being as a new Lease Agreement is entered into in forcerespect of the Vehicles On-Leased to you.
21.9 We are entitled to increase Charges as indicated by the percentage increase in RPI during the Lease Period without recourse to yourself. In the event that our increase to the Charges exceed RPI, from the due date until the outstanding amount is paid in full. We reserve you shall have the right to suspend provision return any Vehicle within the Notice Period. Such return will constitute return of the Services until payment is receivedVehicle prior to the Return Date and you will remain liable for Lease Charges (at the original Charge rate as set out in the Lease Agreement) up to the Return Date as identified in the Lease Agreement. You will also remain liable for any Charges relating to Additional Equipment (if any).
9.6 You 21.10 If in the event that the Vehicles are still On-Lease to you on expiration of the Notice Period, you shall pay all amounts due under be deemed to have accepted the Agreement adjustment to the Charges and shall be bound by the revised terms and will be charged at the increased rate from expiration of the Notice Period.
21.11 Nothing within Clause 21 shall prejudice any other rights or obligations contained in this Agreement, save that Clause 21.9 takes precedence over Clause 7.3.
21.12 No payment shall be considered paid until it is received by us in pound sterling, in cleared funds in full to such bank account as nominated by us from time to time. Subject to Clause 21.13, payment shall be made by you in full without any set-off, deduction or withholding except as required by law whatsoever.
21.13 In the event you reasonably and genuinely dispute any invoice, you shall not be entitled to assert notify us as soon as possible after receipt of the invoice (and in any credit, set- off or counterclaim against us in order to justify withholding event at least seven (7) working days before payment is due) and we shall investigate the dispute and shall notify you of any such amount in whole or in partamendments to the disputed element of the invoice. 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 Our decision in respect of a disputed invoice shall be final.
21.14 Subject to Clause 21.13, if we have not received payment by the due date, and without prejudice to any invoiceother rights and remedies we have, 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.may:
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 21.14.1 without prior notification liability to you. If, suspend the performance of this Agreement until payment in full has been made;
21.14.2 charge interest on a daily basis on such due amounts at any time whilst using an annual rate equal to 5% over 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 ratesbase lending rate of Barclays Bank plc from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment; and/or
21.14.3 immediately terminate this Agreement without further liability to you or any obligation to refund any sums already paid.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Unregulated Consumer Hire Agreement, Consumer Hire Agreement
CHARGES AND PAYMENT. 9.1 You shall pay 6.1 In consideration of receipt of the Subscription Fees to us in accordance with the Order FormServices, 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 6.
6.2 We shall invoice you on the Start Date in respect of:
6.2.1 any Set Up Fees; and/or
6.2.2 any One-off Charges,
6.2.3 and you shall pay our invoices for the same within 30 days of receipt.
6.3 Any Subscription Fees and/or Usage Fees shall be invoiced monthly in advance during the Initial Period and any Renewal Period and you shall pay our invoices for the same within 30 days of receipt.
6.4 Where services such as the resolution of pre-existing problems are provided that are not covered under the invoice Agreement, these will be invoiced at our current hourly rates.
6.5 All amounts payable under this Agreement are exclusive of value added tax (or part thereofif any) is not subject of a genuine dispute between the Parties, we which shall be entitled to charge interest accruing daily on the outstanding amount paid at the rate of 4% per annum above and in the National Bank of England base rate manner 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 receivedprescribed by law.
9.6 You shall 6.6 If you fail to 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 invoiceunder this Agreement, we reserve the right to
6.6.1 suspend the Services until all outstanding payments are received in full; and
6.6.2 claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
6.7 We shall be entitled to approximate the increase any Subscription Fees payable and/or any Usage Fees, with effect from the end of the Initial Term and demand payment upfront or require a credit amount each Renewal Period. Any such increase shall be notified to be placed and maintained you at least 45 days prior to the date on your accountwhich the increase will take effect.
9.9 We 6.8 Notwithstanding clause 6.7 we reserve the right, right to increase any Subscription Fees and/or Usage Fees during the Initial Term or any Renewal Period as a result of any increase in our absolute discretion costs for providing you with the Third Party Services. Any such increase will be subject to remove, insert, change or alter in whole or in part and at any time the contents of the Services without prior notification 45 days written notice to you. If, as a result of this clause 6.7, the then current Subscription or Usage Fees rise by more than 10% in any 12-month period, you may cancel this Agreement by providing written notice to us at any time whilst using before the Servicesincrease is due to take effect. Should you opt to cancel, you fail all outstanding invoices relating to comply with this Agreement must be paid within 7 days but no further monies will be due (other than Third-Party Services and/or those listed under Arrangements on Termination in the Acceptable Use Policy (e.g. in respect of data storagerelevant Service Specific Conditions), we may require you to pay additional charges and you shall pay such charges at our then current rates.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
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 Packages selected 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 receivedreceived in full.
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)Policy, we may require you to pay additional charges and you shall pay such charges at our then current rates.
9.10 You agree to pay us any reasonable costs that we incur when recovering any outstanding amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Subscriber Terms and Conditions
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Subscriber Terms and Conditions
CHARGES AND PAYMENT. 9.1 You 8.1 The Customer 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 Supplier 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 8.
8.2 The Customer shall pay the Fees as follows:
(a) the Account Creation and provided Implementation Fees by the date stated by MY DIGITAL on the invoice;
(b) the Subscription Fees shall be payable in advance and shall be paid on Go Live Date and on the first day of each subsequent Billing Period during the Subscription Term and the Usage Fees shall be calculated and paid on the following basis:
(i) in relation to the period from the Go Live Date to the end of the Billing Period during which Go Live Date occurs, the Usage Fees shall be calculated on the estimated number of Active Contractors as notified by the Customer to MY DIGITAL; and
(ii) in relation to each subsequent Billing Period thereafter during the Subscription Term, the Usage Fees shall be calculated on the basis of the number of Active Contractors during the previous Billing Period; and
(iii) on termination of this contract (howsoever caused) the Customer shall pay an additional sum due to MY DIGITAL where the number of Active Contractors during the last Billing Period up to the date of termination exceeds the number of Active Contractors for which the Customer has paid Usage Fees in relation to that Billing Period (the Excess Usage Fee) and no refund shall be due to the Customer in the event that the invoice number of Active Contractors during that last Billing Period is less than the number of Active Contractors for which the Customer has paid Usage Fees in relation to that Billing Period ; and
(c) the Additional Fees on such date as specified by MY DIGITAL in the relevant invoice; and
(d) the Development Fees on the following basis:
(i) where those Development Fees are £1,000 or less, on signature of the Statement of Work; and
(ii) where those Development Fees are in excess of £1,000, 25% on signature of the Statement of Work and the remainder shall be paid within 7 days of the date on which MY DIGITAL notifies the Customer that the relevant services have been completed or the deliverables have been provided.
8.3 The Customer acknowledges and agrees that payment of the Fees by the Due Date is of the essence of this contract.
8.4 If MY DIGITAL has not received payment within 30 days after the Due Date, and without prejudice to any other rights and remedies of MY DIGITAL:
(a) MY DIGITAL may, without liability to the Customer, disable the Customer's password, account and access to all or part thereofof the My Digital Timesheets Account and/or the Services and MY DIGITAL shall be under no obligation to provide any or all of the Services while the invoice(s) is not concerned remain unpaid; and
(b) interest shall accrue on a daily basis on such due amounts at a rate equal to 5% per week commencing on the Due Date and continuing until fully paid, whether before or after judgment.
8.5 All amounts and fees stated or referred to in this contract:
(a) shall be payable in pounds sterling;
(b) are, subject to clause 13.3(b), non- cancellable and non-refundable;
(c) are exclusive of a genuine dispute between value added tax, which shall be added to MY DIGITAL's invoice(s) at the Partiesappropriate rate.
8.6 After the Initial Term, we MY DIGITAL shall be entitled to charge interest accruing daily on increase the outstanding amount Fees at the rate start of 4% per annum above each Renewal Period upon giving 90 days prior notice to 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 receivedCustomer.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 a The charges you must pay to us under this agreement are: b You shall agree to pay all charges due, as well as any other related costs or charges made in line with this agreement. c When setting the charges, we will keep to our Residential Price Promise set out in the Residential Code of Practice that applies at the time. You can get a copy of the code of practice by contacting us (see the back page) or going to our website at d You can view your bills and statements online. We can send you paper copies if you ask us to. How often we provide bills and statements depends on how you pay us for the services. Details are available in our Residential Code of Practice. e If your heat and cooling system includes a pay-as-you-go meter, you will pay for the services in advance. If you do not have a pay-as-you-go meter, you must make all payments to us by monthly direct debit unless we agree a different payment method with you. You may have to pay a handling charge on top of payments made by another method. f If there is no pay-as-you-go meter installed at the supply address and you cannot (or are not willing to) make payments by direct debit, or we reasonably consider it necessary, we may do one or more of the following, as we think appropriate. g If you do not pay all or any part of the charges when they are due, we will send you a ‘notice of non-payment’. If you do not pay the Subscription Fees to full amount owed within 14 days of us sending you the notice, you agree that, as well as taking any of the action set out in accordance with clause 2f, we may also do one or both of the Order Formfollowing, as we consider appropriate. h The payments you must pay each month (or, if you have a pay-as-you-go meter, the Feature as payments covered by the meter), will be made up of the following. i The monthly bill or statement we send you under clause 2d will set out: j If the total amount of payments you have made in a Service Terms and this clause 9.
9.2 The Subscription Fees for month is ever less than the Services shall be payable monthly charges due in arrears in accordance with that particular month: l If you do not pay any charges on time, we may charge interest on 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 unpaid amount at the rate of 3% a year above the Bank of England’s bank 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 time. This right to charge interest accruing daily is 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 top 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 we have when you fail to make payment payments in respect full and on time. m While this agreement is in force, you will continue to be responsible for all charges even if: n You may have to pay a charge for us restricting or suspending the services, or disconnecting or reconnecting the heat and cooling system, if we have to do this as a result of any invoiceyou not keeping to this agreement. o If you have been paying for less heating or cooling than you have been using, we reserve may send you a ‘back-bill’ for the difference. We will p If you find it difficult to pay for the services for any reason (including because of illness or disability), please call our Customer Service Team q We have the right to approximate the Subscription Fees payable and demand payment upfront or require charge you 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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.fee if:
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 8.1 The Charges (or method of calculating the same) are set out in the Quotation. You shall must pay all Charges by direct debit or by such other method as we require from time to time (this may include payment by BACS, cheque, credit or debit card) to our account listed on our invoice. Where a direct debit has been set up, or any credit or debit card has been provided, we may collect payment of Charges by deduction from your bank account as and when the Subscription Fees Charges fall due.
8.2 We may vary the Charges at any time on giving not less than 30 days' notice to you to:
(a) reflect any increase in the cost to us of performing the Contract that is due to foreign exchange fluctuations;
(b) reflect any increase in the cost to us of performing the Contract that is due to (i) any request by you to change the Products or Services (or the specification or Scope of Work for the Products or Services); or (ii) any delay caused by any of your instructions, or failure by you to give us adequate or accurate information in respect of the Products or Services.
8.3 All Charges are stated exclusive of value added tax (VAT) and other taxes applicable to the Products and Services. You must pay VAT and other applicable taxes which are included in our invoices at the applicable rate(s).
8.4 We shall be entitled to invoice, and you shall pay, the Charges in accordance with the invoicing and payment terms set out in the Order Form, Form or Quotation. If no such details are specified in 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 Order Form 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 Quotation you shall pay the Subscription Fees identified on Charges in advance of us commencing delivery of the invoice by Products and/or Services and within 30 days of the due date identified on the of our 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 receivedcharge a partial advance sum at our discretion.
9.6 8.5 You shall pay all amounts due under the Agreement in full Charges without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set- set-off or counterclaim against withholding, unless otherwise agreed in writing with us.
8.6 If you dispute any invoice issued by us, you must notify us of such dispute within 10 Business Days / weeks setting out in order reasonable detail the nature of your dispute. In the absence of such notice, you will be deemed to justify withholding payment have accepted our invoice. You must pay the balance of any such amount the invoice which is not in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us dispute by the relevant due date.
8.7 Where Charges are not paid 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 accordance with the Acceptable Use Policy (e.g. in respect of data storage), this clause 8 we may (a) require you to pay additional charges all sums due under the Contract immediately on demand, and (b) charge interest (both before and after any judgment) on all amounts overdue from you shall pay a rate of 8 percent over the Bank of England base rate from time to time, such charges at our then current ratesinterest to accrue on a daily basis from the due date of payment until receipt by us of the overdue amount (including any accrued interest and compensation).
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you8.8 Unless expressly stated otherwise in writing, including debt collection agency the Charges shall be exclusive of all costs and reasonable legal costscharges of packaging, insurance, transport, training and other ancillary costs and expenses (including hotel, subsistence, travelling and any other expenses reasonably incurred by the individuals whom MLR engages in connection with the Contract), which shall be invoiced to the Customer by MLR.
Appears in 1 contract
Samples: Supply Agreement
CHARGES AND PAYMENT. 9.1 You shall 6.1 This Agreement sets out the Charges you must pay us for the Subscription Fees Mobile Service.
6.2 Unless otherwise provided in another part of this Agreement, the calculation of the Charges payable by you will start from the date the Mobile Service is made available to us in accordance you by us. Some Charges, such as the price of the Mobile Equipment and costs associated with the Order SIM Card are payable by you upon the signing of this Agreement. Sometimes you have to pay Charges in advance. Unless otherwise stated in the Application Form, Charges payable on a monthly basis, such as Charges for a VAS, will be charged on a full-month basis even if the Feature as usage is less than a Service Terms and this clause 9complete month.
9.2 The Subscription Fees for the Services shall be 6.3 Except where Charges are 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 levyadvance, which shall Mobile Service will ordinarily be charged in addition at the rate in force at arrears on a single monthly invoice. Payment for Charges is due on the date specified in the xxxx issued through the xxxx formats chosen by you. We may issue interim bills or more than one xxxx per month to you and there is no time limit on when we may xxxx you for Charges. All payments must be settled in Hong Kong dollars and by a method as described in the xxxx. We may direct you to pay an entity other than us when settling a xxxx.
6.4 We are required by law to ensure that our xxxx systems are accurate and reliable and we are committed to complying with these requirements. Our records are sufficient proof that a Charge is payable unless they are shown to be incorrect. You must raise any enquiry or dispute concerning your xxxx to us within thirty (30) days from the billing date, however nothing in this clause relieves you from paying the xxxx on or before the payment due date. If any Charge is required from not queried before this time, then the xxxx is deemed correct and accepted by you.
9.3 We shall invoice 6.5 If you the Subscription Fees calculated in accordance with the relevant Chargeable Events and you shall do not pay the Subscription Fees identified any amount due under this Agreement 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 Partiestime, we shall be entitled to may:
(a) on 7 days notice, decrease or withdraw any discounted pricing for those Mobile Service until all unpaid amounts are paid; and
(b) charge you interest accruing (calculated on a daily on the outstanding amount basis) at the rate of 42% per annum above month on the National Bank outstanding Charges until payment of England base rate the Charges is made in full.
6.6 Where you have more than one account with us:
(a) we may transfer any credit balance under any of the accounts to settle the outstanding Charges under any other account or vice versa; and/or
(b) we may transfer any outstanding Charges under one account to any other account; and/or
(c) we may issue a consolidated invoice or separate invoices for the time being in forcevarious accounts of you.
6.7 You will be liable for all Charges for the Mobile Service provided to you, from whether or not used by you or the due date until User, or another person with or without your knowledge or consent and irrespective of whether the outstanding amount is paid in full. We reserve the right to suspend provision use or transmission of the Services until payment is receivedMobile Service was successful.
9.6 You shall pay all amounts due under 6.8 We may apply a credit limit from time to time for Charges incurred by you and may suspend access to the Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any creditMobile Service, set- off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part, if the limit is exceeded.
6.9 Our Bills are available in the following formats:
(a) Email Xxxx – a xxxx sent by email in PDF format to your Email Xxxx email address. If you register for Email Xxxx, you may also receive an SMS Xxxx and may no longer receive a Paper Xxxx.
(b) Paper Xxxx – a xxxx sent by post in paper format to your billing address at a Charge prescribed by us from time to time on our websites.
(c) Online Xxxx – a xxxx you may view online by logging in to “My Account” on xxx.xxx0xxxx.xxx or xxx.0000.xxx.xx .
6.10 We may, without limiting will use our other rights best endeavours to deliver your xxxx to the email address or remedies, set off any amount owing to us billing address nominated by you against any amount payable by us to youreceive it.
9.7 We may accept payment made by Direct Debit 6.11 To help us ensure you can continue to receive your Xxxx, it is your responsibility to:
(a) notify us if your email address or Credit Card from youbilling address changes;
(b) check your junk email folder to see if your Email Xxxx has been delivered there instead of your inbox; and
(c) contact us if you do not receive your Email Xxxx or Paper Xxxx.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Service Agreement
CHARGES AND PAYMENT. 9.1 7.1. For each Billing Period we shall invoice you for all electricity supplied to the Premises and any other amounts due under this Agreement.
7.2. You shall be responsible for payment for all charges relating to electricity supplied to the Metering Points. Charges may apply even where electricity is not being consumed at a Premise. If you fail to pay us we may: • remotely disconnect your supply via your meter; • issue legal proceedings against you to recover any monies owed; • charge you additional costs, including our credit management costs.
7.3. The Charges may include commission paid to a broker or consultant acting on your behalf. It is your responsibility to ensure that you fully understand the nature of such third party intermediary fees. If you dispute any such fee you should seek to resolve the dispute with that third party intermediary. We shall not be obliged to reimburse any proportion of our Charges which you have paid (whether or not such portion relates to a third party intermediary’s fees) in the event of any such dispute.
7.4. The Capacity shown on the Proposal as “Chargeable Capacity” is indicative only; we shall invoice you for Capacity based on information provided to us from time to time by your Network Operator. If you require a change to your Capacity you must agree it in advance with your Network Operator. We shall also pass through to you any reactive charges levied on us by the Network Operator.
7.5. You agree to pay the Subscription Fees to us Charges, any additional charges payable in accordance with the Order Form, the Feature as a Service these Terms and this clause 9.
9.2 The Subscription Fees for the Services shall be payable monthly in arrears Conditions and any tax, levy, duty or other impositions 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 legislation in force at or with industry agreements.
7.6. You agree to pay our invoices by cleared funds within 14 days of the date of the invoice by Direct Debit or as agreed in the Proposal. For the purposes of this Clause time is of the essence.
7.7. If our Proposal is based on payment by Direct Debit and you fail to provide or cancel a Direct Debit Mandate or your bank fails to honour a transfer: • we may vary the Charges and/or pass-through any additional costs; or • you may be deemed to be in material breach and we may give notice that the Agreed Supply Period may be terminated if the Direct Debit is not re-instated and full payment is required from younot received within five Working Days. After termination the terms of Clause 11.5 and 11.6 shall apply. • we may increase your prices by 2% or add a 2% premium to your xxxx. These charges reflect a genuine estimate of the increases in our costs upon such an occurrence and are not a penalty.
9.3 We shall 7.8. If an Agents meter reading or actual consumption data is not available, or if we reasonably believe it to be inaccurate, we may issue an invoice you the Subscription Fees calculated in accordance with the relevant Chargeable Events based on your own meter reading or our reasonable estimate and you shall pay the Subscription Fees identified on the invoice by the due date identified on the this invoice. Any over- or under-payment shall be adjusted as soon as practicable.
9.4 You agree to accept invoices in electronic format and to keep us informed 7.9. Any charges incurred as a result of any meter reading visits outside the normal meter reading cycle, change to the email address at which electronic invoices are to of measurement class, upgrades, transfer of metering equipment or other charges levied by industry participants will be issuedchargeable.
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 full7.10. 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 charge 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 interest in respect of any invoiceamount remaining unpaid by you after the due date at the Sterling 3- month London Interbank Offered Rate (LIBOR) + 8%. This interest shall accrue daily on late payments until the date the payment is received from the date on which the payment was due. In addition we shall charge you an administration fee for costs incurred by us as a result of such late payment.
7.11. If you reasonably believe you have a dispute about any amount invoiced by us you shall Notify us at least five days before the amount is due for payment and we will work with you to resolve the dispute as soon as possible. If we cannot resolve the dispute prior to the payment due date and we accept that the dispute is a bona fide dispute: • you shall pay the undisputed part of the invoice in accordance with Clause 7.5. After an agreement is reached or any proceedings determined, we reserve any amount payable shall be paid within seven Working Days together with interest accrued in respect of the right amount in accordance with Clause 7.10. • in the event that you are unable to approximate pay the Subscription Fees payable and demand payment upfront undisputed part of an invoice you shall pay the full amount of the invoice in accordance with Clause 7.5 except where there is a manifest error. After resolution or require a credit amount determination any money owing to you will be placed and maintained on credited to 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 you7.12. If, at any time whilst using the Services, you fail to comply with the Acceptable Use Policy (e.g. in respect of data storage)time, we may require discover that any invoice we have sent you to pay additional charges and you was inaccurate we shall pay such charges at our then current ratessubmit a revised invoice when accurate information becomes available.
9.10 7.13. You agree may not deduct or set off any payments to pay us be made under this Agreement against any reasonable costs that amounts due from us, except where we incur when recovering have issued a credit to you. We may set off any amount owed by amounts received from you, including debt collection agency costs and reasonable legal costsor owing to you, against any other agreement between us.
7.14. You will not seek to extend your existing contract with your current supplier or enter into a new contract with another supplier whilst you are seeking to have us registered as your supplier. If we are unable to complete registration because of this you may be liable for a termination fee.
Appears in 1 contract
Samples: Electricity Supply Agreement
CHARGES AND PAYMENT. 9.1 You shall 4.1 We will bill you with respect to:
4.1.1 the Line Rental Service and any Additional Services monthly in advance unless stated otherwise in the Tariff; and
4.1.2 the Calls Service monthly in arrears; and
4.1.3 any other Charges monthly in advance.
4.2 Unless specified by us, where you pay the Subscription Fees to us in accordance with the Order Form, the Feature as a Periodic Charge which includes use of a Service Terms and this clause 9up to a particular number of minutes for which no further charge is made, any unused time cannot be carried forward from one month to the next.
9.2 The Subscription Fees for the Services shall be payable monthly in arrears in accordance with the Price List. 4.3 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 calls are to be issuedrouted over the Network. Should any calls be routed over any other network with or without your knowledge, other than during a service failure or Network outage that we have notified you of or for any other reason we may agree with you, then we reserve the right to bill you at our Leakage tariff which at the time of application will mean the latest version available on www. xxxxxxxx.xx.xx.
9.5 4.4 All calls routed over any other network for which you are invoiced by another provider will remain your responsibility. It is your responsibility to advise us if you receive invoices from other providers for services you believe to be with us and you should advise us as soon as you receive these invoices. We shall not be liable for any loss or damages as a result of your being invoiced by other providers (including but not limited to any perceived loss of savings).
4.5 We reserve the right to apply a monthly charge for each inbound number which does not carry any traffic for any period of 3 consecutive months. Where payment this charge has been applied and a number subsequently carries traffic in any month then this charge will not apply to the months where there is not made in accordance with this clause 9 and provided that traffic.
4.6 We reserve the invoice (or part thereof) is not subject of a genuine dispute between the Parties, we shall right to offset any inbound rebates which may be entitled due 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 fullyou against any amounts you may owe to us. 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 any inbound rebates until such charges at our then current ratesrebates total a cumulative minimum of £5.00 in any month.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 You shall 5.1. We will invoice you on a monthly basis and you agree to pay the Subscription Fees to us monthly by Direct Debit 14 days after date of invoice as in accordance with clause 3.2 the Order Formfirst payment is to be made at the discretion of us within thirty days of the Supply Date of the Services where network connection and/or line rental services form part of the Services the charges shall be invoice one month in advance.
5.2. Invoices are issued monthly and are due for payment by Direct Debit 14 days after the invoice date. If any Direct Debit is cancelled or returned unpaid by your bank or if you fail to discharge any invoice within 7 days of its due payment date, then we have the Feature right under this Agreement, to provide the services at the standard published rates and in addition you agree to pay us an administration fee of £25.00.
5.3. If you fail to make any payment on the due date then we may charge you interest (both before and after any judgement) on the unpaid invoices, at the rate of 8 per cent per annum above HSBC base rate, until payment in full is made (a part of a month being treated as a Service Terms and this clause 9.full month for the purpose of calculating interest)
9.2 5.4. The Subscription Fees price for the Services is exclusive of any applicable value added tax, which you shall be payable monthly in arrears in accordance with the Price Listadditionally liable to pay to us.
5.5. All amounts stated are exclusive of VAT (Value Added Tax) and/or any other applicable taxes or levy, which We shall be charged entitled from time to time where we see fit, require you to pay a deposit 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 respect of future usage and service charges and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoiceamount so required within 7 days of a request.
9.4 You agree 5.6. Usage charges will be such charges for the use of the Services by you, and we may notify you from time to accept invoices in electronic format time. Usage charges are payable and shall be calculated by reference to keep any data recorded or logged by us informed of or its service carrier, and not by reference to 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 (data recorded or part thereof) is not subject of a genuine dispute between the Parties, we logged by you. We shall be entitled to estimate the usage charges in circumstances where the relevant data is not available to us in a timely manner, and any estimated usage charge interest accruing daily shall be reconciled 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 receiveda subsequent invoice.
9.6 5.7. You shall agree to pay all amounts due under the Agreement us in full without any deduction set-off, all undisputed sums due to us under this Agreement.
5.8. You authorise us to vary the amount, frequency and time of any Direct Debit to such a level as we deem reasonably appropriate (a) to take account of either an increase or withholding except decrease in usage of the Services by you (b} to reduce such indebtedness of you to us and/or (c) to such other operational matter affecting the Services as required by law and we shall in its discretion deem reasonable.
5.9. If you have any dispute with regards to the usage charges or any other charges, you shall not be entitled give written notice to assert any credit, set- off or counterclaim against us in order to justify withholding payment of any such the amount in whole or in partdispute and the reasons for the dispute. We may, without limiting our other rights or remedies, set off Such notice must be received prior to you not paying any amount owing due to us by us. Failing which you against any amount payable by us shall be deemed 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 be in breach of contract and clause 3.6 shall apply together with clause 5.8 and clause 5.3 in respect of any invoice, the entire balance. You shall remain liable to pay all amounts not in dispute in accordance with the terms of this Agreement.
5.10. We provide discounted rates for telecommunications services for our clients we reserve the right to approximate the Subscription Fees payable apply our default tariff if. A payment terms are not complied with. B Notice of transfer of service has been received. C No Notice of transfer has been provided and demand payment upfront or require a credit amount to be placed and maintained on your accountcarrier notice has been made.
9.9 We 5.11. For each number or circuit leaving our service there will be a porting management fee to ensure regulated compliance and administration costs of £12.50 per number or per circuit.
5.12. Should a service be terminated we reserve the right, in our absolute discretion right to remove, insert, change or alter in whole or in part and at any time apply the contents of the Services without prior notification termination charges as applied 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 ratesus as a pass- through charge.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Terms and Conditions
CHARGES AND PAYMENT. 9.1 You shall 5.1 We will invoice you on a monthly basis and you agree to pay the Subscription Fees to us monthly by Direct Debit 14 days after date of invoice as in accordance with clause 3.2 the Order Formfirst payment is to be made at the discretion of us within thirty days of the Supply Date of the Services where network connection and/or line rental services form part of the Services the charges shall be invoice one month in advance.
5.2 Invoices are issued monthly and are due for payment by Direct Debit 14 days after the invoice date. If any Direct Debit is cancelled or returned unpaid by your bank or if you fail to discharge any invoice within 7 days of its date, then we have the Feature right under this Agreement, to provide the services at the standard published rates and in addition you agree to pay us an administration fee of £25.00.
5.3 If you fail to make any payment on the due date then we may charge you interest (both before and after any judgement) on the unpaid invoices, at the rate of 8 per cent per annum above HSBC base rate from time to time, until payment in full is made (a part of a month being treated as a Service Terms and this clause 9full month for the purpose of calculating interest).
9.2 5.4 The Subscription Fees price for the Services is exclusive of any applicable value added tax, which you 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 additionally liable to pay to us.
5.5 We shall be charged entitled from time to time where we see fit, require you to pay a deposit 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 respect of future usage charges and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoiceamount so required within 7 days of a request.
9.4 You agree 5.6 Usage charges will be such charges for the use of the Services by you, and we may notify you from time to accept invoices in electronic format time. Usage charges are payable and shall be calculated by reference to keep any data recorded or logged by us informed of or its service carrier, and not by reference to 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 (data recorded or part thereof) is not subject of a genuine dispute between the Parties, we logged by you. We shall be entitled to estimate the usage charges in circumstances where the relevant data is not available to us in a timely manner, and any estimated usage charge interest accruing daily shall be reconciled on a subsequent invoices.
5.7 You agree to pay us in full without any set-off, all sums due to us under this Agreement.
5.8 You authorises us to vary the outstanding amount, frequency and time of any Direct Debit to such a level as we deem reasonably appropriate (a) to take account of either an increase or decrease in usage of the Services by you (b} to reduce such indebtedness of you to us and/or (c) to such other operational matter affecting the Services as we shall in its discretion deem reasonable.
5.9 If you have any dispute with regards to the usage charges or any other charges, you shall give written notice to us of the amount at in dispute and the rate of 4% per annum above the National Bank of England base rate reasons for the time being dispute. Such notice must be received prior to you not paying any amount due to us. Failing which you shall be deemed to be in force, from breach of contract and clause 3.6 shall apply together with clause 5.8 and clause 5.3 in respect of the due date until entire balance. You shall remain liable to pay all amounts not in dispute in accordance with the outstanding amount is paid in full. terms of this Agreement.
5.10 We reserve the right to suspend provision of increase non hosted telephone system maintenance charges in line with inflation on 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 anniversary 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 youmaintenance agreement.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Customer Agreement
CHARGES AND PAYMENT. 9.1 7.1 You shall pay the Subscription Fees to us charges as set out in accordance with the Order Form, the Feature as a Service Terms and this clause 9our current fees list.
9.2 7.2 Charges are due even if the Child is absent.
7.3 We will charge for 6 bank holidays per year. Christmas bank holidays will NOT be charged for.
7.4 VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes).
7.5 The Subscription Fees quoted charges are per Child, per core day (meaning 10.5 hours, with 5 hours per session) and include breakfast, lunch and tea.
7.6 Extra hours (or parts of an hour) will be charged for at the Services ruling rate.
7.7 The charges must be paid monthly in advance, by the dates stated on our direct debit payment dates, which will be sent out yearly for your information.
7.8 All payments must be made by direct debit, childcare vouchers or Tax-Free Childcare. No payment shall be payable monthly deemed to have been made until it has cleared in arrears in accordance our bank account. If payment fails, we will charge an administration fee to process the payment (currently £25).
7.9 We may increase our charges with one month’s notice. We will give you written notice of any such increase one month before the Price List. All amounts stated are exclusive proposed date of VAT (Value Added Tax) and/or increase.
7.10 Without restricting any other applicable taxes or levylegal right that we may have, which shall be charged in addition at the rate in force at the date any payment is required from you.if you fail to pay us on time, we may:
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 7.10.1 Make an interest charge of up 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 (2.5% per cent per month or part thereof) is not subject of month on late payment. Unless otherwise notified to you in writing, interest shall accrue on 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, basis from the due date until the outstanding amount is paid in full. We reserve the right to suspend provision date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with the overdue amount. In addition, we will be entitled to recover from you the full amount of our administrative and other costs incurred in recovering any unpaid sum including legal costs and disbursements on an indemnity basis.
7.10.2 Suspend all Services until payment is receivedhas been made in full, which will include the suspension of the Child, or even terminate the contract permanently.
9.6 You shall pay all amounts due under the Agreement in full without any deduction or withholding except as required by law and 7.10.3 Should you shall not default on payments three times, childcare will 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 youterminated permanently.
9.7 We may accept payment made by Direct Debit or Credit Card from you.
9.8 In circumstances where 7.11 If you fail to owe us any money, and 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)claim against us, we may require off set what you to pay additional charges and owe us against what you shall pay such charges at our then current ratesare claiming from us.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 3.1 You shall pay agree to be charged for the Subscription Fees Services we provide to us you, regardless of whether it is you who uses them, as determined in accordance with the Order Formrate plan for the Service or any other associated costs not specified in the rate plan such as and not limited to connection, disconnection, cancellation, withdrawal, emergency return, late payment fees, credit card merchant fees or other such charge as specified by us whether contractually, non-contractually, verbally, written, reasonably assumed or otherwise.
3.2 You agree to pay us for all calls made and charges incurred whether such charges are incurred as a result of using an override code, an automatic dialing devise, through pre- selection, the Feature as a Service Terms and this clause 9rebilling of Carrier Services or network Services or otherwise.
9.2 The Subscription Fees for the Services shall be payable monthly in arrears in accordance with the Price List. All amounts stated 3.3 Charges are exclusive of VAT (Value Added Tax) and/or GST and the amount equal to any other applicable taxes or levy, which shall GST payable will be charged added in addition at to the rate in force at charges for Services as we will pass on to you the date full amount of any payment is required from youtaxes payable on the charges. We will issue a tax invoice to you for the supply of the Services.
9.3 We shall invoice you 3.4 You must pay accounts for all of those charges (including taxes) by the Subscription Fees calculated in accordance with the relevant Chargeable Events and you shall pay the Subscription Fees identified Due Date as specified on the invoice which is 14 days after the invoice date
3.5 If you dispute in good faith an amount in the account, you must notify us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any
3.6 If you do not pay the account 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 invoiceDue Date, we reserve the right to approximate charge a Late Fee or suspend all or part of your Services pending payment of outstanding amounts on the Subscription Fees payable and demand payment upfront or require a credit amount account. Nothing in this clause affects our rights to be placed and maintained on your accountterminate this agreement under clause 8.
9.9 We reserve 3.7 The Late Fee charged is $10 and will be charged each and every month or part thereof until such time that no overdue amount remains outstanding.
3.8 If any amount is not paid by the right, in our absolute discretion Due Date or where it appears to remove, insert, change or alter in whole or in part and at any time us that 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)account maybe fraudulent, we may require you to pay additional charges and you shall pay such charges at our then current rates.
9.10 without notice, immediately restrict, suspend, cancel, deactivate or otherwise all or part of the Services. You agree to pay us all charges associated with the reinstatement or reactivation of any reasonable costs that Services
3.9 If you do not pay your account by the Due Date we incur when reserve the right to disclose any personal information collected or recorded in relation to you and provide such personal information to a Debt Collection Agency for the purposes of recovering any amount owed by owing to us. At this time the Debt Collection Agency will assume the responsibility of the collection of the outstanding amount and you will be liable to a further 27.5% surcharge or any such legal fee in order to recoup our recovery costs.
3.10 In consideration of us having agreed to supply the Services to you, the person entering into this agreement herby jointly
3.11 Payments using a credit card will incur a credit card transaction fee. The surcharge applied for Visa or MasterCard is 2% of the total amount of each accepted transaction up to $5,000. Payments using Diners Club and American Express are generally not accepted by us. We may accept either Diners Club or American Express transactions where prior approval has been provided by us. Such approval will be given under certain conditions or understandings including debt collection agency costs and reasonable legal not limited to a mandatory direct debit authority and credit card transaction fee where the surcharge is equivalent to that of our costs.
3.12 If you require an itemised bill to be printed and mailed, a charge of $5 per printed monthly account will apply. Alternatively, itemised bills can be emailed as a PDF document or viewed via our website at no charge. Bill reprints incur a charge of $15 per copy.
3.13 Payments of amounts greater that $5,000 are to be made either by Electronic Funds Transfer (EFT) or cheque. If you pay any amount by cheque that is subsequently dishonored, a fee of $27.50 for each dishonored cheque will be incurred.
3.14 Local and other call types maybe offered to you at a discounted rate when made in conjunction with the use of an override code. In order to make calls using the override
3.15 In the absence of manifest error or omission, accounts rendered by us will be conclusive evidence of the provision of the Services referred to therein and your liability to us in respect to such Services.
Appears in 1 contract
Samples: Service Agreement
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 4.1 All Charges for the Services shall be payable monthly in arrears in accordance with the Price List. All amounts are stated are exclusive of VAT (Value Added Tax) and/or any other applicable taxes or levy, which unless specified otherwise. All Charges not specified in the Commercial Terms shall be charged at Standard List Price. Rounding and minimum charges shall apply as set out in addition at the rate in force at the date any payment is required from youCommercial Terms and/or applicable Price Plan Guide.
9.3 4.2 Access Fees shall be invoiced by us monthly in advance and all other Charges shall be invoiced monthly in arrears.
4.3 You must pay all Charges by direct debit within the payment period specified on our invoice. We may accept payment by methods other than direct debit, but we will charge you a fee each month. We will charge you VAT, if this applies. Unless we agree with you otherwise, Charges shall invoice include the cost of delivery to the UK mainland of any Equipment we supply to you but shall not include any special equipment or work such as cutting away, decoration, ducting, ground work, building work and other similar work.
4.4 If you owe us any money, and are not disputing the Subscription Fees calculated in accordance with the relevant Chargeable Events payment, and you shall do not pay the Subscription Fees identified on the invoice by the due date identified on the invoice.
9.4 You agree to accept invoices it when due, we may (a) charge you interest; (b) withdraw any discount in electronic format and to keep us informed of any change relation to the email address at Services; (c) suspend the Services in relation to which electronic invoices Charges are outstanding under clause 11.1.2; and (d) subject to be issued.
9.5 Where payment is not made in accordance our having taken one of the actions above, issue you with this a notice under 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 12.3. We charge interest accruing daily on the outstanding amount at the rate of 4% per annum above the National base rate of the Bank of England base rate for the time being in force, each year from the date the amount becomes due to the date until the outstanding amount is paid of payment by you in full. We reserve the right may also charge you reasonable administration costs as a result of you paying your bill late or failing to suspend provision pay it.
4.5 You will raise any billing queries within one month of the Services until payment is received.
9.6 You shall pay all amounts due under date of the Agreement in full without any deduction or withholding except as required by law relevant invoice and you shall not be entitled to assert any credit, set- off or counterclaim against us in order to justify withholding withhold payment of any such amount Service Charges set out in whole the queried invoice or in partany other invoice, by reason of your billing query. Disputed invoices shall be dealt with under clause 17.12.
4.6 You are not entitled to offset any sums that we owe to you under this Agreement or any other agreement or dispute between the parties against any sums that you owe to us under this Agreement.
4.7 We may credit assess you from time to time as reasonably required to assess our risk. Each credit assessment shall entitle us to have a credit limit on your Vodafone account (details of which are available on request). We may, without limiting our other rights or remedies, set off any amount owing may release this information 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 Partner responsible for managing your account, if applicable.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 You shall 5.1 We will invoice you on a monthly basis and you agree to pay the Subscription Fees to us monthly by Direct Debit 14 days after date of invoice as in accordance with clause 3.2 the Order Formfirst payment is to be made at the discretion of us within thirty days of the Supply Date of the Services where network connection and/or line rental services form part of the Services the charges shall be invoice one month in advance.
5.2 Invoices are issued monthly and are due for payment by Direct Debit 14 days after the invoice date. If any Direct Debit is cancelled or returned unpaid by your bank or if you fail to discharge any invoice within 7 days of its date, then we have the Feature right under this Agreement, to provide the services at the standard published rates and in addition you agree to pay us an administration fee of £25.00.
5.3 If you fail to make any payment on the due date then we may charge you interest (both before and after any judgement) on the unpaid invoices, at the rate of 8 per cent per annum above HSBC base rate from time to time, until payment in full is made (a part of a month being treated as a Service Terms and this clause 9full month for the purpose of calculating interest).
9.2 5.4 The Subscription Fees price for the Services is exclusive of any applicable value added tax, which you 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 additionally liable to pay to us.
5.5 We shall be charged entitled from time to time where we see fit, require you to pay a deposit 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 respect of future usage charges and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoiceamount so required within 7 days of a request.
9.4 You agree 5.6 Usage charges will be such charges for the use of the Services by you, and we may notify you from time to accept invoices in electronic format time. Usage charges are payable and shall be calculated by reference to keep any data recorded or logged by us informed of or its service carrier, and not by reference to 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 (data recorded or part thereof) is not subject of a genuine dispute between the Parties, we logged by you. We shall be entitled to estimate the usage charges in circumstances where the relevant data is not available to us in a timely manner, and any estimated usage charge interest accruing daily shall be reconciled 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 receiveda subsequent invoices.
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 5.7 You agree to pay us in full without any reasonable costs that set-off, all sums due to us under this Agreement.
5.8 You authorises us to vary the amount, frequency and time of any Direct Debit to such a level as we incur when recovering deem reasonably appropriate (a) to take account of either an increase or decrease in usage of the Services by you (b} to reduce such indebtedness of you to us and/or (c) to such other operational matter affecting the Services as we shall in its discretion deem reasonable.
5.9 If you have any dispute with regards to the usage charges or any other charges, you shall give written notice to us of the amount in dispute and the reasons for the dispute. Such notice must be received prior to you not paying any amount owed by you, including debt collection agency costs due to us. Failing which you shall be deemed to be in breach of contract and reasonable legal costsclause 3.6 shall apply together with clause 5.8 and clause 5.3 in respect of the entire balance. You shall remain liable to pay all amounts not in dispute in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Terms and Conditions
CHARGES AND PAYMENT. 9.1 You shall pay 4.1 We publish details of all tariffs, fees and Charges (including details of Activation Fees, number change fees and applicable Disconnection Fees) on the Subscription Fees Site. Our Charges may change from time to us time in accordance with the Order FormClause 18, the Feature as a Service Terms and this clause 9but we will notify you in advance with details of any changes.
9.2 The Subscription Fees for 4.2 Provision of 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 Combined Residential Telephone and Internet Service is conditional upon you paying all Charges 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 Combined Residential Telephone and Internet Service, in accordance with this clause 9 and provided Agreement, which will include:
4.2.1 Connection Charges (payable up front);
4.2.2 Access Rental Charge (payable monthly in advance);
4.2.3 Call Charges (paid monthly in arrears);
4.2.4 Disconnection Fees (payable with final Access Rental Charge);
4.2.5 Re-activation Fees (payable up front); and
4.2.6 Installation Fee (payable up front);
4.3 If we notify you before you enter into this Agreement that a deposit is required, payment of the invoice deposit will have to have cleared before services can commence. We will return any deposit which you pay to us by way of a credit to your account on your request after a satisfactory six (6) month payment history. The deposit may be used by us to pay all or part thereof) of any outstanding debt that you owe us. Please note that an interest is not subject payable on any deposits held by us.
4.4 We reserve the right to pass on any third party charges we incur directly as a result of recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a genuine dispute between third party for collection.
4.5 If you fail to make any payment by the Partiesdue date, we shall be entitled entitled, but not obliged, to charge you interest accruing daily on the outstanding amount overdue amount, from the due date, up to the date of payment, after as well as before judgement, at the rate of 4% per annum above the National base rate from time to time of the Royal Bank of England base rate for the time being in forceScotland. Such interest will accrue on a daily basis, 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 receivedwill be compounded quarterly and will be payable by you on demand.
9.6 You shall pay all amounts due under 4.6 If you use the Agreement Combined Residential Telephone and Internet Service 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 invoicea manner that is inconsistent with your tariff, we reserve the right to approximate apply the Subscription tariff that corresponds to the level and type of use you make of the Combined Residential Telephone and Internet Service.
4.7 We will invoice you on a monthly basis in accordance with the seethelight’s consumer code of practice which is available on the Site or in paper form on request (the “Code of Practice”).
4.8 Subject to the following provisions of this Clause 4, you will pay all invoices issued by us by the due date set out in the invoice.
4.9 You Will Pay:
4.9.1 In advance, for all Installation Fees, Connection Charges, Access Rental Charges and Re-activation Fees; and
4.9.2 On demand, for all Disconnection Fees and all other sums which are payable on demand, as referred to in this Agreement; and
4.9.3 In arrears, for all Call Charges and demand all any other Charges which xxxxxxxxxxx decides to bill in arrears.
4.10 You will be responsible for all the Charges for the provision of the Services, from the date on which we activate the Service (the “Services Start Date”), unless otherwise agreed in writing with us.
4.11 Unless you think that there has been a mistake, you must pay all sums due in full and you cannot offset, deduct or withhold any part of any sum you owe us. If you do think there has been a mistake, you must notify seethelight as set out in Clause 4.19
4.12 Direct debit is seethelight’s preferred method of payment, although we do accept other methods of payment.
4.13 The methods of payment upfront or require a credit accepted by seethelight are set out on our Site and in our Code of Practice.
4.14 We have included VAT at the current UK rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount to be placed due and maintained on the amount of VAT payable. All electronic VAT invoices are available by accessing your on-line account.
9.9 We reserve 4.15 If payment is by credit card, seethelight reserves the right, at any time, to stop accepting credit cards from one or more issuers.
4.16 If your credit or debit card details change, you must notify us immediately. Failure to do so may lead to suspension or termination of your Service.
4.17 If you pay via E-Billing, it is your responsibility as a customer to keep your email address up to date, so you can continue to receive and pay your E-Bills.
4.18 Your Order for the Combined Residential Telephone and Internet Service authorises seethelight to charge your debit or credit card, as set out in our absolute discretion to remove, insert, change or alter in whole or in part and at any time the contents Code of the Services without prior notification to youPractice. If, at any time whilst using the Services, you fail to comply with the Acceptable Use Policy The authorisation will remain valid until twenty (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 rates20) Business Days after seethelight receives your written notice terminating seethelight’s authority.
9.10 4.19 Your seethelight account will have a credit limit applied. Should you wish to have the limit amended, this can be reviewed upon request by emailing xxxxxxx@xxxxxxxxxxx.xx.xx.
4.20 You agree must notify seethelight in writing within five (5) Business Days after the date of your latest bill if you dispute any seethelight charges. Billing disputes must be notified to pay us any reasonable costs that we incur when recovering any amount owed xxxxxxx@xxxxxxxxxxx.xx.xx or by you, including debt collection agency costs and reasonable legal costscontacting our Customer Care Line.
Appears in 1 contract
Samples: Residential Telephone and Internet Service Agreement
CHARGES AND PAYMENT. 9.1 You shall 5.1 We will invoice you on a monthly basis and you agree to pay the Subscription Fees to us monthly by Direct Debit 14 days after date of invoice as in accordance with clause 3.2 the Order Form, first payment is to be made at the Feature as a Service Terms and this clause 9discretion of us within thirty days of the Supply Date of the Services where network connection and/or line rental services form part of the Services the charges shall be invoice one month in advance.
9.2 5.2 Invoices are issued monthly and are due for payment by Direct Debit 14 days after the invoice date. If any Direct Debit is cancelled or returned unpaid by your bank or if you fail to discharge any invoice within 7 days of its due payment date, then we have the right under this Agreement, to provide the services at the standard published rates and in addition you agree to pay us an administration fee of £25.00.
5.3 If you fail to make any payment on the due date then we may charge you interest (both before and after any judgement) on the unpaid invoices, at the rate of 8 per cent per annum above HSBC base rate from time to time, interest).
5.4 The Subscription Fees price for the Services is exclusive of any applicable value added tax, which you 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 additionally liable to pay to us.
5.5 We shall be charged entitled from time to time where we see fit, require you to pay a deposit 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 respect of future usage charges and you shall pay the Subscription Fees identified on the invoice by the due date identified on the invoiceamount so required within 7 days of a request.
9.4 You agree 5.6 Usage charges will be such charges for the use of the Services by you, and we may notify you from time to accept invoices in electronic format time. Usage charges are payable and shall be calculated by reference to keep any data recorded or logged by us informed of or its service carrier, and not by reference to 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 (data recorded or part thereof) is not subject of a genuine dispute between the Parties, we logged by you. We shall be entitled to estimate the usage charges in circumstances where the relevant data is not available to us in a timely manner, and any estimated usage charge interest accruing daily shall be reconciled on a subsequent invoice.
5.7 You agree to pay us in full without any set-off, all undisputed sums due to us under this Agreement.
5.8 You authorises us to vary the outstanding amount, frequency and time of any Direct Debit to such a level as we deem reasonably appropriate (a) to take account of either an increase or decrease in usage of the Services by you (b} to reduce such indebtedness of you to us and/or (c) to such other operational matter affecting the Services as we shall in its discretion deem reasonable.
5.9 If you have any dispute with regards to the usage charges or any other charges, you shall give written notice to us of the amount at in dispute and the rate of 4% per annum above the National Bank of England base rate reasons for the time being dispute. Such notice must be received prior to you not paying any amount due to us. Failing which you shall be deemed to be in force, from breach of contract and clause 3.6 shall apply together with clause 5.8 and clause 5.3 in respect of the due date until entire balance. You shall remain liable to pay all amounts not in dispute in accordance with the outstanding amount is paid in full. terms of this Agreement.
5.10 We reserve the right to suspend provision increase non hosted telephone system maintenance charges in line with the Retail Price Index measure of inflation on 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 anniversary 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 youmaintenance agreement.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Customer Agreement
CHARGES AND PAYMENT. 9.1 5.1 You shall will pay the Subscription all Fees to us in accordance with the Order Formterms set out in the Order. We will invoice you on the Commencement Date and you shall make payment upon receipt of our invoice. We are under no obligation regarding the provision of the Licence and the Services until or unless we have received payment in full of all applicable Fees. Where a trial period has been agreed, the Feature as a Service Terms Initial Licence Term begins on the first day immediately following the end of the agreed trial period, conditional upon payment of all applicable Fees. Fees for each Renewal Period are due and this clause 9payable immediately upon commencement of the applicable Renewal Period. You will promptly provide us with all assistance reasonably required in connection with invoicing and payment including (without limitation) the provision of appropriate purchase order details.
9.2 The Subscription 5.2 By entering into the Agreement, you hereby commit to payment of the Fees for the Services full term of the Agreement, notwithstanding that we may accept payment on a periodic basis (e.g. monthly or quarterly). In the event of your breach of the terms of the Agreement, all monies shall be payable monthly in arrears become immediately due and payable, including any relating to the remainder of the relevant term.
5.3 If we have not received payment in accordance with the Price List. terms of the Agreement we may, without prejudice to any other rights and remedies and without liability to you, suspend access to all or part of the Software and Services (as applicable) and we shall be under no obligation to provide any or all of the Software or the Services while the invoice(s) concerned remain unpaid.
5.4 All amounts and fees stated or referred to in the Agreement:
(a) shall be payable in pounds sterling unless otherwise agreed;
(b) are non-cancellable and non-refundable;
(c) are payable in full, net of all charges, and without set-off, deduction or withholding; and
(d) are exclusive of VAT (Value Added Tax) and/or any value added tax or other applicable taxes or levylocal taxes, which shall be charged in addition added to our invoice(s) at the rate in force at the date any payment is required from youappropriate rate.
9.3 5.5 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 increase the outstanding amount at the rate of 4% per annum above the National Bank of England base rate for the time being in force, Fees upon notice to you and any such changes shall take effect from the due date until the outstanding amount is paid in full. We reserve the right to suspend provision start of the Services until payment is receivednext Renewal Period, subject always to the rights of termination under clause 15.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Software License Agreement
CHARGES AND PAYMENT. 9.1 You 10.1 In consideration for the Services, you shall pay the Subscription Fees to us Charges with effect from the Start Date in accordance with the Order Form, payment terms set out in the Feature as a Service Terms and this clause 9Order.
9.2 The Subscription Fees 10.2 All amounts payable under this Contract are exclusive of value added tax (if any) which shall be paid at the rate and in the manner for the Services time being prescribed by law.
10.3 We shall be payable monthly in arrears issue invoices 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 payment terms set out 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 Order and you shall pay our invoices within 14 days of the Subscription Fees identified on the invoice by the due date identified on of the invoice.
9.4 10.4 You agree to accept invoices in electronic format and to keep must notify us informed of any change query or dispute in respect of any invoice, or any part of an invoice within sixty (60) days of the date of the invoice and we shall negotiate in good faith as soon as reasonably practicable to resolve the email address at which electronic invoices are dispute. If you do fail to notify us of any dispute within the sixty (60) day period, the full amount of the invoice shall be issuedpayable. Payment for all sums not in dispute shall be made on the due date.
9.5 Where payment is not made 10.5 If you fail to pay any amount payable under this Contract, we reserve the right to suspend the Services until all outstanding payments are received in accordance with this full; and claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
10.6 Subject to clause 9 and provided that the invoice (or part thereof) is not subject of a genuine dispute between the Parties10.7, we shall be entitled to charge interest accruing daily on increase the outstanding amount at the rate of 4% per annum above the National Bank of England base rate for the time being in forceCharges, with effect from the due date until the outstanding amount is paid in full. We reserve the right to suspend provision end of the Services until payment is receivedInitial Term and any Extended Term. Any such increase shall be notified to you at least 30 days prior to the date on which the increase will take effect.
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 invoice10.7 Notwithstanding clause 10.6, we reserve the right to approximate increase the Subscription Fees Charges during the Initial Term or any Renewal Term as a result of any increase in our costs which are imposed on us by any third party in connection with the provision of the Services to you. Any such increase will be subject to 30 days written notice to you.
10.8 Where the Services comprises or includes services in respect of which rebates are payable by us to you (“Rebate Services”), we will notify you of the rebate due for each calendar month or other applicable period within 15 days of the end of each billing period. It is then your responsibility to issue an invoice to us for payment of the rebate due. We will pay the rebate by the later of (i) 45 days following the date of your invoice, and (ii) 14 days of the date of receipt by us of sums from British Telecommunications plc (or other relevant carrier) paid to us in respect of the applicable Service. You shall not attempt to set off any rebates against payment of Xxxxxxx.
10.9 Following a decision or request from Phone Pay Plus relating to a Rebate Service, we may withhold from any rebate payable to you or demand payment upfront by you of such sums as are sufficient to meet any fines, administrative charges or require a credit amount other sums payable by us to be placed Phone Pay Plus and maintained on your accountwhich Phone Pay Plus claim entitlement under the Phone Pay Plus Code.
9.9 We reserve the right10.10 Where a network operator (including, in our absolute discretion to removewithout limitation, insert, change or alter BT) withholds payment of any sum (in whole or in part and at part) due to us in relation to a Rebate Service or subsequently claims repayment of any time the contents of the Services without prior notification sum (in whole or in part) paid to you. If, at any time whilst using the Services, you fail us in relation to comply with the Acceptable Use Policy (e.g. in respect of data storage)Rebate Service, we may require deduct from any rebate payable to you and keep or demand payment by you of a sum equal to pay additional charges and you shall pay the amount delayed, withheld or claimed until such charges at our then current ratesnetwork operator makes payment of the same in full to us.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Telecommunications
CHARGES AND PAYMENT. 9.1 You 10.1 We reserve the right to require payment of a deposit from you before we supply Goods or Services. Where applicable, the terms of the deposit will be set out in our Quotation.
10.2 The price for Goods:
10.2.1 shall pay be the Subscription Fees to price set out in the Purchase Order (provided, for the avoidance of doubt, the Purchase Order complies with the requirements of clause 3.3) or, if no price is quoted, the price agreed between you and us in accordance with the Order Form, the Feature as a Service Terms and this clause 9.3.5; and
9.2 The Subscription Fees for the Services 10.2.2 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 levyall costs and charges of packaging, insurance, transport of the Goods, which shall be charged in addition at the rate in force at the date any payment is required from invoiced to you.
9.3 We 10.3 The price for Services:
10.3.1 shall invoice be the price set out in the Purchase Order (provided, for the avoidance of doubt, the Purchase Order complies with the requirements of clause 3.3) or, if no price is quoted, the price agreed between you the Subscription Fees and us in accordance with clause 3.5; and
10.3.2 shall be calculated in accordance with our daily fee rates (plus applicable taxes) on the relevant Chargeable Events per-person basis of a 7.5 hour working day between 0830 and 1730 worked on UK Business Days.
10.4 We reserve the right to increase the price of the Goods, by giving notice to you at any time before delivery, to reflect any increase in the cost of the Goods to us that is due to:
10.4.1 any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
10.4.2 any request by you to change the delivery date(s), quantities or types of Goods ordered or the specification of the Goods; or
10.4.3 any delay caused by any instructions of yours in respect of the Goods or failure by you to give us adequate or accurate information or instructions in respect of the Goods.
10.5 In respect of Goods, we will invoice you on or at any time after dispatch. In respect of Services, we will invoice you on supply of the Services, as they occur, monthly.
10.6 You shall pay each invoice submitted by us:
10.6.1 within 30 days of the date of the invoice or in accordance with any credit terms agreed by us and confirmed in writing to you by a director of Healthcare Computing Limited; and
10.6.2 in full and in cleared funds, all fees to be met by the originator, to a bank account nominated in writing by us, and time for payment shall be of the essence of the Contract.
10.7 All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time ("VAT"). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
10.8 If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under clause 15 (Termination), you shall pay the Subscription Fees identified interest 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, overdue sum from the due date until the outstanding amount is paid in full. We reserve the right to suspend provision payment of the Services until payment overdue sum, whether before or after judgment. Interest under this clause 10.8 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is receivedbelow 0%.
9.6 You shall pay all 10.9 All amounts due under the Agreement Contract shall be paid in full without any set-off, counterclaim, deduction or withholding except (other than any deduction or withholding of tax 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 youlaw).
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Healthcare Agreement
CHARGES AND PAYMENT. 9.1 7.1 You shall will pay our charges by the Subscription Fees to us in accordance with due date of the Order Form, the Feature as a Service Terms and this clause 9terms agreed on your application for credit or any subsequent amendments.
9.2 The Subscription Fees for 7.2 We will issue invoices on either a monthly or weekly basis.
7.3 We reserve the Services shall be payable monthly right to request payment in arrears in accordance with the Price List. All amounts advance or money on account.
7.4 Charges stated are exclusive of VAT (Value Added Tax) and/or any other applicable taxes or levy, which shall VAT. You will be charged in addition at the rate in force at the date any payment is required from you.
9.3 responsible to pay VAT. 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 will ensure that the invoice (or part thereof) includes adequate details of the VAT to be paid.
7.5 If there is any dispute concerning Charges You will not subject of a genuine dispute between the Parties, we shall be entitled to charge make any set off against any other sum due to Us.
7.6 We reserve the right to remove all On Hire Services from the Site(s) or to otherwise suspend Services if any Charge is unpaid by the Due Date. You will be responsible for any additional charges this may incur (see clause 10 below).
7.7 Any sums due from You which remain outstanding at the Due Date shall attract interest accruing daily on the outstanding amount at the rate of 4% per annum above the National base rate of the Bank of England base rate for the time being in force, from the due date until the outstanding amount is paid in fulljudgement or earlier payment. We reserve the right to suspend provision of the Services until payment is receivedSuch interest shall accrue daily.
9.6 You 7.7.1 All invoices become due and payable in the event of payment default.
7.8 We 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 increase Charges at any time to take account of any extraordinary increase in costs to Us. These costs may include (but are not limited to) increases in disposal costs, fuels costs or duty and any impact on Charges due to Environmental Acts or Government Policy. We will give you 14 days ‘notice of any increase, which affects current Services.
7.9 We may also make additional Charges in the contents event that We (or the Sub- Contractors) have difficulties with access to the Site for delivery or removal of Controlled Waste, the Services without prior notification Controlled Waste differs from that specified in the Environmental Documentation (and may require different disposal methods) extra collections are required due to the quantity of Controlled Waste or for any other authorised or unauthorised changes to the Services. Additional waiting time beyond our control will be charged accordingly
7.10 All Quotes are valid for 30 days excluding VAT & O.
E. All wastes quoted as per information provided by you. IfSubject to availability at the time of order & site call off. Mixed waste does not include fridges, at any time whilst using the Servicesfreezers, you fail to comply with the Acceptable Use Policy (e.g. in respect of data storage)tyres, we may require you to pay additional charges liquids, electric items, gas bottles, mattresses, flo tubes, bulbs and you shall pay such charges at our then current rateslamps. Containers must not be overfilled, level loads only.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Terms and Conditions
CHARGES AND PAYMENT. 9.1 10.1 Provision of the Services is conditional upon you paying all Charges applicable to the Services, in accordance with this Agreement. Details of all tariffs, fees and Charges (including details of any applicable Cancellation Charges) are published on the Site.
10.2 You shall may have to pay a £10.00 administration charge if there are insufficient funds on your customer account to make a payment for the Subscription Fees to us contracted amount.
10.3 We will invoice you on a monthly basis in accordance with the Order Form, the Feature as a Service Terms and this clause 9Code of Practice.
9.2 The Subscription Fees for 10.4 Subject to the Services shall be payable monthly in arrears in accordance with the Price List. All amounts stated are exclusive following provisions of VAT (Value Added Tax) and/or any other applicable taxes or levythis Clause 10, 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 will pay the Subscription Fees identified on the invoice all invoices issued by us by the due date identified on set out in the invoice.
9.4 10.5 You will pay:
10.5.1 in advance for all Installation Charges, Connection Fees, Monthly Costs and Re-activation Charges;
10.5.2 on demand for all Cancellation Charges and all other sums which are payable on demand as referred to in this Agreement;
10.5.3 in arrears for all Call Charges and any other Charges which seethelight decides to xxxx in arrears.
10.6 You will be liable for all the Charges for the provision of the Services, from the Services Start Date, unless otherwise agreed in writing with us.
10.7 You must pay all sums due in full and you cannot offset, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
10.8 Direct Debit is seethelight’s preferred method of payment, although we do accept other methods of payment. The methods of payment accepted by seethelight are set out on our Site and in our Code of Practice. We have included VAT at the current UK rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount due and the amount of VAT payable. All electronic VAT invoices are available by accessing your on-line account.
10.9 If payment is by credit card, seethelight reserves the right, at any time, to accept invoices stop accepting credit cards from one or more issuers.
10.10 If your credit or debit card details change, you must notify us immediately. Failure to do so may lead to suspension or termination of the Services.
10.11 Your Order for the Services authorises seethelight to charge your debit or credit card, as set out in electronic format our Code of Practice. The authorisation will remain valid until twenty (20) Business Days after seethelight receives your written notice terminating seethelight’s authority.
10.12 We may, at any time, impose a credit limit on your account and we may charge your debit or credit card for the full amount of Charges incurred at any time and offset the amount credited against the full amount of Charges due at the end of the billing period.
10.13 If you do not pay your bills on time or there is an adverse change in your credit rating, we are entitled, at any time, to keep us informed change the payment terms set out in this Clause 10 by giving you notice in writing.
10.14 You must notify seethelight in writing within five (5) Business Days after the date of your latest xxxx if you dispute any change Charges. Billing disputes must be notified to xxxxxxx@xxxxxxxxxxx.xx.xx or by contacting Customer Services.
10.15 If you use the Services in a manner that is inconsistent with your tariff, we reserve the right to apply the tariff that corresponds to the email address at which electronic invoices are to be issuedlevel and type of use you make of the Services.
9.5 Where 10.16 If you fail to make any payment is not made in accordance with this clause 9 and provided that by the invoice (or part thereof) is not subject of a genuine dispute between the Partiesdue date, we shall be entitled to charge you interest accruing daily on the outstanding amount overdue amount, from the due date, up to the date of payment, after as well as before judgement, 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 Royal Bank of Scotland. Such interest will accrue on a daily basis, will be compounded quarterly and you shall not will 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 payable by you against any amount payable by us to youon demand.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Terms and Conditions
CHARGES AND PAYMENT. 9.1 10.1 Provision of the Services is conditional upon you paying all Charges applicable to the Services, in accordance with this Agreement. Details of all tariffs, fees and Charges (including details of any applicable Cancellation Charges) are published on the Site.
10.2 You shall may have to pay a £10.00 administration charge if there are insufficient funds on your customer account to make a payment for the Subscription Fees to us contracted amount.
10.3 We will invoice you on a monthly basis in accordance with the Order Form, the Feature as a Service Terms and this clause 9Code of Practice.
9.2 The Subscription Fees for 10.4 Subject to the Services shall be payable monthly in arrears in accordance with the Price List. All amounts stated are exclusive following provisions of VAT (Value Added Tax) and/or any other applicable taxes or levythis Clause 10, 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 will pay the Subscription Fees identified on the invoice all invoices issued by us by the due date identified on set out in the invoice.
9.4 10.5 You will pay:
10.5.1 in advance for all Installation Charges, Connection Fees, Monthly Costs and Re-activation Charges;
10.5.2 on demand for all Cancellation Charges and all other sums which are payable on demand as referred to in this Agreement;
10.5.3 in arrears for all Call Charges and any other Charges which seethelight decides to xxxx in arrears.
10.6 You will be liable for all the Charges for the provision of the Services, from the Services Start Date, unless otherwise agreed in writing with us.
10.7 You must pay all sums due in full and you cannot offset, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
10.8 Direct Debit is seethelight’s preferred method of payment, although we do accept other methods of payment. The methods of payment accepted by seethelight are set out on our Site and in our Code of Practice. We have included VAT at the current UK rate. You agree that we shall provide you with an electronic modified VAT invoice showing the total amount due and the amount of VAT payable. All electronic VAT invoices are available by accessing your on-line account.
10.9 If payment is by credit card, seethelight reserves the right, at any time, to accept invoices stop accepting credit cards from one or more issuers.
10.10 Your Order for the Services authorises seethelight to charge your debit or credit card, as set out in electronic format our Code of Practice. The authorisation will remain valid until twenty (20) Business Days after seethelight receives your written notice terminating seethelight’s authority.
10.11 We may, at any time, impose a credit limit on your account and we may charge your debit or credit card for the full amount of Charges incurred at any time and offset the amount credited against the full amount of Charges due at the end of the billing period.
10.12 If you do not pay your bills on time or there is an adverse change in your credit rating, we are entitled, at any time, to keep us informed change the payment terms set out in this Clause 10 by giving you notice in writing.
10.13 You must notify seethelight in writing within five (5) Business Days after the date of your latest xxxx if you dispute any change Charges. Billing disputes must be notified to xxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xx.xx or by contacting Customer Services.
10.14 If you use the Services in a manner that is inconsistent with your tariff, we reserve the right to apply the tariff that corresponds to the email address at which electronic invoices are to be issuedlevel and type of use you make of the Services.
9.5 Where 10.15 If you fail to make any payment is not made in accordance with this clause 9 and provided that by the invoice (or part thereof) is not subject of a genuine dispute between the Partiesdue date, we shall be entitled to charge you interest accruing daily on the outstanding amount overdue amount, from the due date, up to the date of payment, after as well as before judgement, 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 Royal Bank of Scotland. Such interest will accrue on a daily basis, will be compounded quarterly and you shall not will 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 payable by you against any amount payable by us to youon demand.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Terms and Conditions
CHARGES AND PAYMENT. 9.1 You 8.1 The Customer 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 Supplier 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 8.
8.2 The Customer shall pay the Fees as follows:
(a) the Account Creation and provided Implementation Fees by the date statedby MY DIGITAL on the invoice;
(b) the Subscription Fees shall be payable in advance and shall be paid on GoLive Date and on the first day of each subsequent Billing Period during the Subscription Term and the Usage Fees shall be calculated and paid on the following basis:
(i) in relation to the period from the Go Live Date to the end of the Billing Period during which Go Live Date occurs, the Usage Fees shall be calculated on the estimated number of Active Contractors as notified by the Customer to MY DIGITAL; and
(ii) in relation to each subsequent Billing Period thereafter during the Subscription Term, the Usage Fees shall be calculated on the basis of the number of Active Contractors during the previous Billing Period;and
(iii) on termination of this contract (howsoever caused) the Customer shall pay an additional sum due to MY DIGITAL where the number of Active Contractors during the last Billing Period up to the date of termination exceeds the number of Active Contractors for which the Customer has paid Usage Fees in relation to that Billing Period (the Excess Usage Fee) and no refund shall be due to the Customer in the event that the invoice number of Active Contractors during that last BillingPeriod is less than the number of Active Contractors for which the Customer has paid Usage Fees in relation to that Billing Period ; and
(c) the Additional Fees on such date as specified by MY DIGITAL in the relevant invoice; and
(d) the Development Fees on the following basis:
(i) where those Development Fees are £1,000 or less, on signature of the Statement of Work; and
(ii) where those Development Fees are in excess of £1,000, 25% on signature of the Statement of Work and the remainder shall be paid within 7 days of the date on which MY DIGITAL notifies the Customer that the relevant services have beencompleted or the deliverables have been provided.
8.3 The Customer acknowledges and agrees that payment of the Fees by the Due Date is of the essence of this contract.
8.4 If MY DIGITAL has not received paymentwithin 30 days after the Due Date, and without prejudice to any other rights and remedies of MY DIGITAL:
(a) MY DIGITAL may, without liability to the Customer, disable the Customer's password, account and access to all or part thereofof the My Digital Timesheets Account and/or the Services and MYDIGITAL shall be under no obligation toprovide any or all of the Services while the invoice(s) is not concerned remainunpaid; and
(b) interest shall accrue on a daily basis on such due amounts at a rate equal to 5%per week commencing on the Due Dateand continuing until fully paid, whether before or after judgment.
8.5 All amounts and fees stated or referred to in this contract:
(a) shall be payable in pounds sterling;
(b) are, subject to clause 13.3(b), non- cancellable and non-refundable;
(c) are exclusive of a genuine dispute between value added tax, which shall be added to MY DIGITAL's invoice(s) at the Partiesappropriate rate.
8.6 After the Initial Term, we MY DIGITAL shall be entitled to charge interest accruing daily on increase the outstanding amount Fees at the rate start of 4% per annum above each Renewal Period upon giving 90 days prior notice to 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 receivedCustomer.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Service Agreement
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 Packages selected 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 receivedreceived in full.
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)Policy, we may require you to pay additional charges and you shall pay such charges at our then current rates.
9.10 You agree to pay us any reasonable costs that we incur when recovering any outstanding amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Subscriber Terms and Conditions
CHARGES AND PAYMENT. 9.1 You shall pay 8.1 There are no charges for accessing or browsing the Subscription Fees Portal documentation.
8.2 Usage of the Software (and the associated Services) is subject to us in accordance with the Order Form, payment of a once-only setup charge and a pro-rated annual subscription charge for the Feature as a Service first year of usage for the period commencing on the first day of the month following your acceptance of these Terms and Conditions until 31st March the following year, and then an ongoing annual subscription charge due annually on the 1st April. If your total annual fees for all stations you make available on Radioplayer, is greater than £5000 per annum, then you may pay this clause 9in two instalments at six monthly intervals due on 1st April and 1st October of every year.
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. 8.3 We reserve the right to suspend provision of suspend, restrict or terminate your access to the Services until Portal, the Software and Services. In addition, at our discretion we may apply statutory charges including interest and late payment is received.
9.6 You shall pay all amounts due under fees in 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 event that you fail to make a payment in respect within thirty (30) days of it falling due;
8.4 The charges payable for the Software (and the associated Services) are inclusive of VAT and are set out at the time of purchase and may vary between users dependent upon the size of your enterprise. We may at any invoice, we reserve the right time and from time 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 righttime, in our absolute discretion to remove, insertsole discretion, change the fees and charges, or alter add new fees and charges, in whole or in part and at any time the contents relation to usage of the Software (and the associated Services).
8.5 In order to gain access to the Software you will need to provide payment using an accepted payment method. The applicable charge for the Software will be deducted using the payment method you have selected or invoiced to you at the address that you provide. Invoices are due for payment immediately on receipt unless otherwise agreed in writing.
8.6 We may provide you with optional services as outlined in 5.1.10 and when such services are offered, they may be subject to an additional fee. We shall advise you of such fees before commencement of any service, and upon your written acceptance, such amounts shall be due immediately.
8.7 You agree that once you make payment using your selected payment method, subject to your statutory rights of recourse, you will not then be able to cancel your offer to use the Software and the Services without prior notification and you will be charged for the relevant Software and Services provided 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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Terms and Conditions
CHARGES AND PAYMENT. 9.1 You 8.1 The Customer 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 Supplier 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 8.
8.2 The Customer shall pay the Fees as follows:
(a) the Account Creation and provided Implementation Fees by the date stated by MY DIGITAL on the invoice;
(b) the Subscription Fees shall be payable in advance and shall be paid on Go Live Date and on the first day of each subsequent Billing Period during the Subscription Term and the Usage Fees shall be calculated and paid on the following basis:
(i) in relation to the period from the Go Live Date to the end of the Billing Period during which Go Live Date occurs, the Usage Fees shall be calculated on the estimated number of Active Contractors as notified by the Customer to MY DIGITAL; and
(ii) in relation to each subsequent Billing Period thereafter during the Subscription Term, the Usage Fees shall be calculated on the basis of the number of Active Contractors during the previous Billing Period;and
(iii) on termination of this contract (howsoever caused) the Customer shall pay an additional sum due to MY DIGITAL where the number of Active Contractors during the last Billing Period up to the date of termination exceeds the number of Active Contractors for which the Customer has paid Usage Fees in relation to that Billing Period (the Excess Usage Fee) and no refund shall be due to the Customer in the event that the invoice number of Active Contractors during that last Billing Period is less than the number of Active Contractors for which the Customer has paid Usage Fees in relation to that Billing Period ; and
(c) the Additional Fees on such date as specified by MY DIGITAL in the relevant invoice; and
(d) the Development Fees on the following basis:
(i) where those Development Fees are £1,000 or less, on signature of the Statement of Work; and
(ii) where those Development Fees are in excess of £1,000, 25% on signature of the Statement of Work and the remainder shall be paid within 7 days of the date on which MY DIGITAL notifies the Customer that the relevant services have been completed or the deliverables have been provided.
8.3 The Customer acknowledges and agrees that payment of the Fees by the Due Date is of the essence of this contract.
8.4 If MY DIGITAL has not received payment within 30 days after the Due Date, and without prejudice to any other rights and remedies of MY DIGITAL:
(a) MY DIGITAL may, without liability to the Customer, disable the Customer's password, account and access to all or part thereofof the My Digital Timesheets Account and/or the Services and MY DIGITAL shall be under no obligation toprovide any or all of the Services while the invoice(s) is not concerned remainunpaid; and
(b) interest shall accrue on a daily basis on such due amounts at a rate equal to 5% per week commencing on the Due Date and continuing until fully paid, whether before or after judgment.
8.5 All amounts and fees stated or referred to in this contract:
(a) shall be payable in pounds sterling;
(b) are, subject to clause 13.3(b), non- cancellable and non-refundable;
(c) are exclusive of a genuine dispute between value added tax, which shall be added to MY DIGITAL's invoice(s) at the Partiesappropriate rate.
8.6 After the Initial Term, we MY DIGITAL shall be entitled to charge interest accruing daily on increase the outstanding amount Fees at the rate start of 4% per annum above each Renewal Period upon giving 90 days prior notice to 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 receivedCustomer.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 You shall pay All payments must be in UK Pounds Sterling. If your cheque is returned by the Subscription Fees to us in accordance with the Order Formbank as unpaid for any reason, the Feature as you will be liable for a Service Terms and this clause 9"returned cheque" charge of £25.
9.2 The Subscription Fees All Charges payable by you for the Services shall be payable monthly in arrears in accordance with the Price Listscale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and shall be due and payable in advance of our Service provision. All amounts stated Charges are exclusive of VAT ('Value Added Tax) and/or any other applicable taxes or levy' which shall, which shall if applicable, be charged in addition paid additionally by you at the rate in force at the date any payment is required from youprescribed by law on submission by us of a proper VAT invoice.
9.3 We You acknowledge that our Services are provided using facilities provided to us by third parties; Kennetiq shall invoice you have the Subscription Fees calculated right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in accordance with the relevant Chargeable Events and question prior to such notice you shall pay be entitled to terminate the Subscription Fees identified Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.
9.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. Kennetiq agrees to be party to this Contract upon Kennetiq's acceptance of cleared funds covering first invoice or the invoice by first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in subclause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months during the Initial Contract Term or any Extension Term. If payment is not received on or before the due date identified on Kennetiq reserves the invoice.
9.4 You agree right to accept invoices in electronic format immediately withdraw, suspend or limit Service and to keep us informed will charge the User interest at the rate of any change to 10% of the email address at which electronic invoices are to be issuedamount overdue per month.
9.5 Where payment Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not made in accordance with this clause 9 and provided that paid on or before the invoice (or part thereof) is not subject of a genuine dispute between the Partiesdue date, 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 forthwith to suspend the provision of the Services until payment to you. If such a suspension is receivedimposed, you will be liable for a "reconnection" charge of £25.
9.6 You shall pay all amounts due under the Agreement in full without If suspension of service occurs for any deduction or withholding except as required by law and reason you shall not will be entitled to assert any credit, set- off or counterclaim against us in order to justify withholding payment liable for a "reconnection" charge 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£25.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Terms of Business
CHARGES AND PAYMENT. 9.1 21.1 You shall pay the Subscription Fees to us in accordance with this Agreement:
21.1.1 the Order FormLease Charges;
21.1.2 any Administration Fees;
21.1.3 an Account Activation charge (if applicable, as set out in the Feature Lease Agreement);
21.1.4 any Additional Charges;
21.1.5 the set-up fee in respect of each Vehicle (if applicable)
21.1.6 any other amount due to us by you under this Agreement, (together the “Charges”)
21.2 Where applicable and as set out in the Lease Agreement, you agree to pay any required Deposit to us on the Start Date. The Deposit is a Service Terms and this clause 9.
9.2 The Subscription Fees for payment against default by you of payment of the Services shall be payable monthly in arrears Lease Charges, any Additional Charges due in accordance with the Price List. All amounts stated are exclusive of VAT (Value Added Tax) Clause 22 or any other charges which fall due under this Agreement and/or any other applicable taxes loss 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 Damage to the email address at which electronic invoices are Vehicle whilst in your possession. If you fail to be issued.
9.5 Where payment is not made pay any sums due in accordance with this clause 9 and provided that the invoice (or part thereof) is not subject of a genuine dispute between the PartiesAgreement, we shall be entitled to charge interest accruing daily on apply 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 fullDeposit against such default. 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 agree to pay to us any reasonable costs sums deducted from the Deposit within thirty (30) working days of a demand for the same. Subject to us setting off the Deposit against any outstanding sums owed to us upon termination or expiry of this Agreement or, we will refund the Deposit (or balance thereof) to you within thirty (30) working days of the end of the Return Date.
21.3 Subject to Clause 21.4, all Lease Charges will be invoiced and paid by you 30 days in advance by either debit / credit card payment or direct debit. Any Additional Charges which may be invoiced (as and when they arise) and payment shall be due payable by you by debit / credit card payment or direct debit.
21.4 For the avoidance of doubt, where we are not satisfied with any credit checks which we undertake, we will notify you of the payment terms that we incur when recovering shall apply in writing, such payment terms to apply in place of those set out in Clause 21.3.
21.5 We shall have a right of set off against any amount owed by youdue from you to us or any member of our Group, including debt collection agency costs any sum or sums which at the date of set off are due and reasonable legal costsowing to you from us or any member of our Group.
21.6 Notwithstanding any agreed period of credit, or the remedies available to us under Xxxxxx
Appears in 1 contract
Samples: Unregulated Consumer Hire Agreement
CHARGES AND PAYMENT. 9.1 7.1 You shall pay the Subscription Fees to us charges as set out in Part A or in accordance with the Order Form, the Feature as a Service Terms and this clause 919.
9.2 7.2 Where the Child is unable to attend but our service remains available full charges will be due.
7.3 We will not charge for nursery closure days which include 8 days Christmas break and 2 days for Easter.
7.4 VAT is not charged on nursery fees (nursery provision is an exempt supply for VAT purposes).
7.5 The Subscription Fees quoted charges are per Child, per core day
7.6 Extra hours (or parts of an hour) will be charged for (at the Services ruling rate) and must be booked and paid for at least 24 hours in advance.
7.7 The charges must be paid monthly in advance, by the 28th day of the month.
7.8 All payments must normally be made by Bank Standing Order, Bank transfer or childcare vouchers. We may agree to payment by major credit/debit card, but it is your responsibility to obtain a receipt from the nursery manager as proof of payment. No payment shall be payable monthly in arrears in accordance deemed to have been made until it is cleared into our bank account.
7.9 We may increase our charges once per year. We will give you written notice of any such increase at least one month before the proposed date of increase.
7.10 Without restricting any other legal right that we may have, if you fail to pay us on time, we may:
7.10.1 Make an interest charge of 5% per cent over RBS base rate per month or part month on late payment. You must pay us the interest together with the Price Listoverdue amount. 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.In addition,
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, 7.10.2 we shall will be entitled to charge interest accruing daily recover from you the full amount of our administrative and other costs incurred in recovering any unpaid sum including legal costs and disbursements 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 fullan indemnity basis. We reserve the right to suspend provision of the and
7.10.3 Suspend all Services until payment is receivedhas been made in full, which will include the suspension of the Child, or even terminate the contract permanently.
9.6 You shall pay all amounts due under the Agreement in full without 7.11 If you owe us any deduction or withholding except as required by law money, and you shall not be entitled to assert any credit, set- off or counterclaim make a claim 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)us, we may require offset what you to pay additional charges and owe us against what you shall pay such charges at our then current ratesare claiming from us.
9.10 You agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
CHARGES AND PAYMENT. 9.1 21.1 You shall pay the Subscription Fees to us in accordance with this Agreement:
21.1.1 the Order FormLease Charges;
21.1.2 any Administration Fees;
21.1.3 an Account Activation charge (if applicable, as set out in the Feature Lease Agreement);
21.1.4 any Additional Charges;
21.1.5 the set-up fee in respect of each Vehicle (if applicable)
21.1.6 any other amount due to us by you under this Agreement, (together the “Charges”)
21.2 Where applicable and as set out in the Lease Agreement, you agree to pay any required Deposit to us on the Start Date. The Deposit is a Service Terms and this clause 9.
9.2 The Subscription Fees for payment against default by you of payment of the Services shall be payable monthly in arrears Lease Charges, any Additional Charges due in accordance with the Price List. All amounts stated are exclusive of VAT (Value Added Tax) Clause 22 or any other charges which fall due under this Agreement and/or any other applicable taxes loss 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 Damage to the email address at which electronic invoices are Vehicle whilst in your possession. If you fail to be issued.
9.5 Where payment is not made pay any sums due in accordance with this clause 9 and provided that the invoice (or part thereof) is not subject of a genuine dispute between the PartiesAgreement, we shall be entitled to apply the Deposit against such default. You agree to pay to us any sums deducted from the Deposit within thirty (30) working days of a demand for the same. Subject to us setting off the Deposit against any outstanding sums owed to us upon termination or expiry of this Agreement or, we will refund the Deposit (or balance thereof) to you within thirty (30) working days of the end of the Return Date.
21.3 Subject to Clause 21.4, all Lease Charges will be invoiced and paid by you 1 month in advance by either debit / credit card payment or direct debit. Any Additional Charges which may be invoiced (as and when they arise) and payment shall be due payable by you by debit / credit card payment or direct debit.
21.4 For the avoidance of doubt, where we are not satisfied with any credit checks which we undertake, we will notify you of the payment terms that shall apply in writing, such payment terms to apply in place of those set out in Clause 21.3.
21.5 We shall have a right of set off against any amount due from you to us or any member of our Group, any sum or sums which at the date of set off are due and owing to you from us or any member of our Group.
21.6 Notwithstanding any agreed period of credit, or the remedies available to us under Clause 21.14 if any invoice is overdue for payment the balance of your account becomes immediately due and payable.
21.7 All sums stated or referred to in this Agreement are exclusive of VAT which (if applicable) shall be added to our invoice at the appropriate rate.
21.8 In respect of each of the lease agreement, we shall be entitled to periodically increase the Charges upon providing 1 months prior notice (Notice Period) in writing to you in accordance with Clause 21.9 below, or at such time as a new Lease Agreement is entered into in respect of the Vehicles On-Leased to you.
21.9 We are entitled to increase Charges as indicated by the percentage increase in RPI during the Lease Period without recourse to yourself. In the event that our increase to the Charges exceed RPI, you shall have the right to return any Vehicle within the Notice Period. Such return will constitute return of the Vehicle prior to the Return Date and you will remain liable for Lease Charges (at the original Charge rate as set out in the Lease Agreement) up to the Return Date as identified in the Lease Agreement. You will also remain liable for any Charges relating to Additional Equipment (if any).
21.10 If in the event that the Vehicles are still On-Lease to you on expiration of the Notice Period, you shall be deemed to have accepted the adjustment to the Charges and shall be bound by the revised terms and will be charged at the increased rate from expiration of the Notice Period.
21.11 Nothing within Clause 21 shall prejudice any other rights or obligations contained in this Agreement, save that Clause 21.9 takes precedence over Clause 7.3.
21.12 No payment shall be considered paid until it is received by us in pound sterling, in cleared funds in full to such bank account as nominated by us from time to time. Subject to Clause 21.13, payment shall be made by you in full without any set-off, deduction or withholding whatsoever.
21.13 In the event you reasonably and genuinely dispute any invoice, you shall notify us as soon as possible after receipt of the invoice (and in any event at least seven (7) working days before payment is due) and we shall investigate the dispute and shall notify you of any amendments to the disputed element of the invoice. Our decision in respect of a disputed invoice shall be final.
21.14 Subject to Clause 21.13, if we have not received payment by the due date, and without prejudice to any other rights and remedies we have, we may:
21.14.1 without liability to you, suspend the performance of this Agreement until payment in full has been made;
21.14.2 charge interest accruing on a daily basis on such due amounts at an annual rate equal to 5% over the outstanding amount at the then current base lending rate of 4% per annum above the National Barclays Bank of England base rate for the plc from time being in forceto time, from commencing on the due date and continuing until the outstanding amount is paid in full. fully paid, whether before or after judgment; and/or
21.14.3 immediately terminate this Agreement without further liability to you or any obligation to refund any sums already paid.
21.15 We reserve the right to suspend provision of the Services until payment is receivedcharge for any debt recovery fees.
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 agree to pay us any reasonable costs that we incur when recovering any amount owed by you, including debt collection agency costs and reasonable legal costs.
Appears in 1 contract
Samples: Unregulated Consumer Hire Agreement
CHARGES AND PAYMENT. 9.1 You shall pay 5.1 We will issue our invoices in respect of the Product Fees and the Support Fees in advance of the Subscription Fees Period to us in accordance with the Order Formwhich they relate, 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 will issue invoices in electronic format respect of the Product Fees and to keep us informed the Support Fees due in respect of any change to upcoming Subscription Periods around the email address at which electronic invoices are to be issued.
9.5 Where payment is not made beginning of the second month preceding the respective Renewal Date (so that, by way of example, where the Renewal Date falls in accordance with this clause 9 and provided that December, we will issue our invoice around the invoice (or part thereof) is not subject beginning of a genuine dispute between the Partiespreceding October). For the avoidance of doubt, we shall be entitled to charge interest accruing daily on determine 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 value of the Services until payment is receivedProduct Fees and the Support Fees for any subsequent Subscription Period at our discretion, and shall notify you of such Product Fees and the Support Fees through the invoice issued in respect of such Subscription Period.
9.6 5.2 You shall will pay all amounts due the Product Fees and the Support Fees in advance of the period to which they relate, and you acknowledge that:
(a) we are under no obligation in respect of the initial provisioning of the Products (or the supply of any related Services) until we have received payment of the Product Fees and Support Fees in respect of the first Subscription Period; and
(b) save as may be permitted by Sage under the Agreement in full without any deduction or withholding except as required by law and relevant Sage Contract, you shall will not be entitled to assert access or use any creditProduct (or receive any related Services) on or after its Renewal Date unless we have received payment in advance for all Product Fees and Support Fees due (to us on behalf of Sage, set- off and to us on our own account, as applicable) in respect of the Subscription Period commencing on that Renewal Date.
5.3 We will issue our invoices in respect of Consultancy Fees in arrears (save where specified to the contrary in our Proposal), on completion of the relevant Services, or counterclaim against us in order to justify withholding payment on a monthly interim basis at our discretion, and all such undisputed invoices (or the undisputed part of any such amount in whole or invoice disputed in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount ) are payable by us to youwithin thirty (30) calendar days from receipt.
9.7 We may accept 5.4 You will promptly provide us with all assistance reasonably required in connection with invoicing and payment made by Direct Debit or Credit Card from youincluding (without limitation) the provision of appropriate purchase order details.
9.8 In circumstances where you fail to make payment 5.5 By entering into the Agreement in respect of any invoiceSubscription Period, you hereby commit to payment of the Product Fees and Support Fees for the full Subscription Period, notwithstanding that we reserve the right to approximate the Subscription Fees payable and demand may accept payment upfront on a periodic basis (e.g. monthly or require a credit amount to be placed and maintained on your accountquarterly).
9.9 We reserve 5.6 If we have not received payment in accordance with the right, in our absolute discretion to remove, insert, change or alter in whole or in part and at any time the contents terms of the Services Agreement we may, without prior notification prejudice to any other rights and remedies and without liability to you. If, at (acting on behalf of Sage or on our own account as applicable) suspend access to or use of all or part of the Products and Services (as applicable) and we shall be under no obligation to provide any time whilst using or all of the Services, you fail to comply with Products or the Acceptable Use Policy Services while the undisputed invoice(s) concerned (e.g. or the undisputed part of any invoice disputed in respect of data storage), we may require you to pay additional charges and you shall pay such charges at our then current ratespart) remain unpaid.
9.10 You agree 5.7 All amounts and fees stated or referred to pay us any reasonable costs that we incur when recovering any amount owed by youin the Agreement:
(a) shall be payable in pounds sterling unless otherwise agreed;
(b) are non-cancellable and non-refundable;
(c) are payable in full, including debt collection agency costs net of all charges, and reasonable legal costswithout set-off, deduction or withholding; and
(d) are exclusive of value added tax or other local taxes, which shall be added to our invoice(s) at the appropriate rate.
Appears in 1 contract
Samples: Access and Support Terms
CHARGES AND PAYMENT. 9.1 You shall 4.1 We will charge you for your use of the Services and you agree to 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 Charges in accordance with this clause 9 Agreement. The Charges will include a fixed Periodic Fee in an amount and provided billing frequency that will be stated on your Order Form, or if not stated thereon then as we will otherwise confirm to you in writing. As well as the invoice (or part thereof) is not subject of a genuine dispute between the Parties, Periodic Fee we shall be entitled to will also charge interest accruing daily you Variable Charges which will vary depending 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 nature and use of the Services until payment is received.provided. If no Periodic
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 4.2 You agree to pay us all Charges in accordance with this Agreement on the basis of usage data that
4.3 In the event that any reasonable costs Equipment and/or Software is damaged, destroyed, lost or stolen then you agree to pay the applicable replacement or repair charges.
4.4 In the event that any invoice that we incur when recovering send to you contains an error (howsoever arising) such that you are invoiced less than you owe, then we may send you a further invoice for the difference between the amount so invoiced and the amount that ought to have been invoiced had the error not been made, and you agree to pay any such invoice on demand.
4.5 In the event that we omit or delay the invoicing of any Charges (“Delayed Charges”) we may invoice you at a later date (and you will continue to be liable to pay us) for them, except where you are (or have notified us in accordance with clause 15.4 that you have become) a Small Business Customer, in which case we may only send you an invoice containing Delayed Charges where we send such invoice no later than the fourth invoice following the relevant period in which the Delayed Charges were incurred.
4.6 You agree to pay the Charges and any other sums due to us within 14 days of the date of our invoice (or by such other date as is stated on an invoice or expressly agreed in writing with us). Unless any other method of payment is agreed with us in writing, the Charges shall be paid by direct debit and you agree to provide us on demand with all information necessary from time to time to allow payments to be made by such method.
4.7 If you do not pay to us any sum due in accordance with this Agreement by the due date for payment, we may charge and you agree to pay interest, a further fixed sum and reasonable costs, in each case as provided for under the Late Payment of Commercial Debts (Interest) Act 1998.
4.8 We reserve the right at any time increase the Charges and agree to notify you of such and/or that changes have been made to Charges that affect you:
4.8.1 if the cost to us of supplying the Services increases for any reason, by the amount of such increase;
4.8.2 pursuant to a direction from any legal or regulatory body or competent authority with jurisdiction over us, by the amount set out or otherwise required by such direction;
4.8.3 by a percentage equal to the percentage increase in either the Retail Price Index or the Consumer Price Index (whichever is the greater) for the relevant year or, if greater, by a percentage equal to the percentage increase in the Retail Price Index or the Consumer Price Index since the date of the last increase in Charges (whichever is the greater); and/or
4.8.4 in addition and without prejudice to the 4.8.5 and if such changes may be materially detrimental to you then that notice period will be at least 30 days. If you wish to object to any changes notified to you then you will need to contact us during
4.9 Unless you notify us in writing that you require paper invoices, we will send you invoices electronically to the contact email address specified on the relevant Order Form or otherwise notified to us from time to time.
4.10 We may charge you, and you agree to pay, additional administrative fees as detailed in the Price List where:
4.10.1 a direct debit is unpaid;
4.10.2 you make payment by a method other than direct debit;
4.10.3 you receive paper invoices from us; and/or
4.10.4 we write to you chasing payment of an overdue invoice.
4.11 If you wish to query or dispute any Charges, you
4.12 You agree to pay to us all amounts properly due and payable under this Agreement in full and without making any deduction, withholding, counterclaim or set off except as required by law. Without limiting any other rights or remedy, we may set off any amount owed by that you owe to it under this Agreement or any other agreement against any amount that we owe to you, including debt collection agency costs and reasonable legal costs.
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Samples: Managed Services Agreement