Charges and Payments. 6.1 Subject to any Applicable Laws, the Customer shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Premises and/or the Customer for the period prior to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless of the date on which any claim relating thereto may be made, and the Customer shall pay to the Retailer any amount invoiced to the Retailer which relates thereto. 6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised by the applicable MSSL or otherwise in accordance with the readings of the Metering Equipment, which such quantity of electricity shall in each case be Loss Adjusted by the Retailer. 6.3 The Retailer will render periodic invoices to the Customer and the Customer shall pay the Retailer in full the sum stated in each invoice, within fourteen (14) days of the date of the invoice. If any amount remains unpaid by the Customer after fourteen (14) days from the date of the invoice, the Retailer, in addition to any other remedies, shall be entitled to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid at the rate of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due and payable up to the date when full payment is received by the Retailer. 6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice. 6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to. 6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer. 6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations in connection with or arising from this Agreement. The Customer shall not be entitled to, and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer. 6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in: 6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice; 6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days. 6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply: 6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer. 6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement. 6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice. 6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment. 6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration. 6.12 If, as a result of the occurrence of any one or more of the following after the date of this Agreement: 6.12.1 any imposition of any addition or change to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties); 6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC; 6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event; 6.12.4 any introduction of or any change to any Applicable Laws; and/or 6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body, 6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreement, the Customer shall pay the Retailer such additional amount which the Retailer certifies is necessary to compensate the Retailer for the increased cost. The Retailer shall notify the Customer at least 10 business days before such additional charges take effect.
Appears in 2 contracts
Samples: Electricity Retail Agreement, Electricity Retail Terms & Conditions
Charges and Payments. 6.1 Subject to any Applicable Laws, the Customer shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Premises and/or the Customer for the period prior to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless of the date on which any claim relating thereto may be made, and the Customer shall pay to the Retailer any amount invoiced to the Retailer which relates thereto.
6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised by the applicable MSSL or otherwise in accordance with the readings of the Metering Equipment, which such quantity of electricity shall in each case be Loss Adjusted by the Retailer.
6.3 The Retailer will render periodic invoices to the Customer and the Customer shall pay the Retailer in full the sum stated in each invoice, within fourteen (14) days of the date of the invoice. If any amount remains unpaid by the Customer after fourteen (14) days from the date of the invoice, the Retailer, in addition to any other remedies, shall be entitled to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid at the rate of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due and payable up to the date when full payment is received by the Retailer.
6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations in connection with or arising from this Agreement. The Customer shall not be entitled to, and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice;notice;
6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.arbitration.
6.12 If, as a result of the occurrence of any one or more of the following after the date of this Agreement:
6.12.1 any imposition of any addition or change to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties);penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreement, the Customer shall pay the Retailer such additional amount which the Retailer certifies is necessary to compensate the Retailer for the increased cost. The Retailer shall notify the Customer at least 10 business days before such additional charges take effect.
Appears in 2 contracts
Samples: Electricity Retail Agreement, Electricity Retail Agreement
Charges and Payments. 6.1 Subject to any Applicable Laws4.1 In consideration of the provision of the Works by Xxxxxxxxxxx, the Customer Client shall pay the charges as set out in the Proposal.
4.2 The Proposal shall specify whether the charges shall be liable for all obligations on a time and liabilities arising from materials basis, a fixed price basis or connected with electricity sales or supplies or related services to a combination of both.
4.3 Where the Premises and/or Works are provided on a time and materials basis:
a) the Customer charges payable for the period prior to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless of the date on which any claim relating thereto may be made, and the Customer shall pay to the Retailer any amount invoiced to the Retailer which relates thereto.
6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises Works shall be determined calculated in accordance with Blacksmiths’ standard daily fee rates, as set out in the G Cloud 12 pricing document and SFIA:
b) Blacksmiths standard daily fee rates for each individual person are calculated on the basis of metering dataan 8- hour day, including any estimated metering dataworked between business hours on a day in which banks generally, in the jurisdiction in which the Works are performed, are open for business;
c) all charges quoted to the Client shall be exclusive of VAT, which Blacksmiths shall add to its invoices at the appropriate rate;
d) Xxxxxxxxxxx shall ensure that every individual whom it engages on the Works completes time sheets recording time spent on the Works, and Xxxxxxxxxxx shall use such Premises as advised time sheets to calculate the charges covered by the applicable MSSL or each monthly invoice referred to in clause 4.3(e); and
e) unless specified otherwise in accordance the Proposal, Blacksmiths shall invoice the Client monthly in arrear for its charges for time, expenses and materials (together with VAT where appropriate) for the readings month concerned, calculated as provided in this clause 4.3 and clause 4.5.
4.4 Where the Works are provided for a fixed price:
a) The total price of the Metering Equipment, which such quantity of electricity Works shall be the amount set out in each case be Loss Adjusted by the RetailerProposal.
6.3 b) The Retailer will render periodic invoices to the Customer and the Customer Client shall pay the Retailer total price to Blacksmiths (without deduction or set-off), as set out in full a Proposal.
4.5 Any fixed price and daily rate contained in a Proposal excludes: a) the sum stated in each invoicecost of hotel, within fourteen (14) days of the date of the invoice. If subsistence, travelling and any amount remains unpaid other ancillary expenses reasonably incurred by the Customer after fourteen (14) days from the date of the invoice, the Retailer, in addition to any other remedies, shall be entitled to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid at the rate of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due and payable up to the date when full payment is received by the Retailer.
6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations individuals whom Xxxxxxxxxxx engages in connection with or arising from this Agreement. The Customer shall not be entitled to, the Works and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice;
6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
6.12 If, as a result of the occurrence of any one or more of the following after the date of this Agreement:
6.12.1 any imposition of any addition or change to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to materials and other items identified in the Customer under or in connection with this Agreement, the Customer Proposal. Such expenses and materials shall pay the Retailer such additional amount which the Retailer certifies is necessary to compensate the Retailer for the increased be invoiced by Blacksmiths at cost. The Retailer shall notify the Customer at least 10 business days before such additional charges take effect.; and
Appears in 1 contract
Samples: G Cloud Services Agreement
Charges and Payments. 6.1 Subject to any Applicable Laws10.1. Unless otherwise set out in the Order or expressly agreed in writing by Supplier, the Customer Supplier shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Premises and/or invoice the Customer for the period prior Charges in advance of the Customer’s and its Affiliates' and its Users' ability to access or use any of the Start DatePlatform for the Subscription Term.
10.2. Unless otherwise set out in the Order or expressly agreed in writing by Supplier, including without limitation, any amount claimed by any electricity licensee Supplier shall invoice the Customer for the Consulting Services Charges monthly in arrears for the Consulting Services supplied in that month (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (provided that Supplier may require payment for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless known Consulting Services Charges in advance of providing the date on which any claim relating thereto may be made, and the Customer shall pay to the Retailer any amount invoiced to the Retailer which relates theretoConsulting Services).
6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised 10.3. Unless otherwise agreed by the applicable MSSL or otherwise in accordance with the readings of the Metering EquipmentSupplier, which such quantity of electricity shall in each case be Loss Adjusted by the Retailer.
6.3 The Retailer will render periodic invoices to the Customer and its Affiliates and its Users shall not have a right to access or use the Platform and Product Content until the Customer shall pay has paid the Retailer relevant Charges and taxes applicable in full the sum stated in each invoice, within fourteen (14) days of the date of the invoicefull.
10.4. If any amount remains unpaid by the Customer after fourteen (14) days from the date laws of the invoice, the Retailer, in addition to any other remedies, shall be entitled to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid at the rate of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due and payable up to the date when full payment is received by the Retailer.
6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations in connection with or arising from this Agreement. The Customer shall not be entitled to, and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice;
6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by territory where the Customer is based require the Customer to withhold tax on any payment which the Retailer Customer is obliged to partially or totally make to Supplier, the Parties shall use all reasonable efforts to conduct their accounting arrangements where legally possible to avoid the application of withholding tax (such as for the Customer to contract and pay through a company in a jurisdiction where withholding tax would not apply). If withholding tax does apply, the Customer shall:
10.4.1. obtain a proper receipt and discharge for the tax so deducted and forward it without delay to Supplier;
10.4.2. do all such other things and take such other steps as may be reasonably required to enable Supplier to obtain any or all of the Customer's payment obligations tax credit which may be available to it in connection with or arising from this Agreementany tax payment; and
10.4.3. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry event that any taxes deducted cannot be reclaimed or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer mayused by Supplier as a credit against any tax payable by Supplier, at its discretion, use this Guarantee Amount at any such time as they deem appropriate Supplier reasonably requires make up to offset Supplier any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded shortfalls in payment attributable to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment.such tax deductions.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly10.5. If the Customer has paid an invoice and subsequently chooses to contest it, is late in paying any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
6.12 If, as a result of the occurrence part of any one or more of the following after the date of this Agreement:
6.12.1 any imposition of any addition or change monies due to Supplier, Supplier may (without prejudice to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, other right or other competent authority, or pursuant remedy available to any change in law (other than income tax, fines or penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreement, the Customer shall pay the Retailer such additional amount which the Retailer certifies is necessary to compensate the Retailer for the increased cost. The Retailer shall notify it give the Customer at least 10 business days before such additional charges take effectfive (5) Business Days’ notice that it is suspending the Customer’s and its Affiliates’ and Users’ access to the Platform and Product Content with immediate effect until Supplier receives the outstanding amounts in full.
Appears in 1 contract
Samples: General Terms of Sale
Charges and Payments. 6.1 Subject to any Applicable Laws5.1 The Software, the Customer Services, Deliverables, Support and lforium Provided Games shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Premises and/or the Customer provided for the period prior to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest Charges.
5.2 All Charges hereunder are exclusive of VAT and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices other taxes or amounts previously calculated or invoices or statements previously issuedduties, regardless of the date on which any claim relating thereto may be made, and the Customer shall pay to the Retailer any amount invoiced to the Retailer which relates thereto.
6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised paid by the applicable MSSL or otherwise in accordance with the readings of the Metering Equipment, which such quantity of electricity shall in each case be Loss Adjusted by the Retailer.
6.3 The Retailer will render periodic invoices to the Customer and the Customer shall pay the Retailer in full the sum stated in each invoice, within fourteen (14) days of the date of the invoice. If any amount remains unpaid by the Customer after fourteen (14) days from the date of the invoice, the Retailer, Client in addition to any other remedies, shall be entitled to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid Charges at the rate rates in force at the time of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due application.The Client is also responsible for taxes and payable up duties that relate to the date when full payment is received by the Retailer.
6.4 Upon the expiry or termination Client’s provision of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days services deriving from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations in connection with or arising from this Agreement. The Customer shall not be entitled to, and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice;
6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in 5.3 lforium shall invoice the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
6.12 If, as a result of the occurrence of any one or more of the following after the date of this Agreement:
6.12.1 any imposition of any addition or change to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not Client in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreement, the Customer Statement of Work and the Support Terms. Save as otherwise set out in this Agreement or its Schedules, all invoices rendered by lforium to the Client shall pay be paid by the Retailer Client in full without discount, deduction, set off or counterclaim of any kind within [***] days of the invoice date in accordance with clause 5.6.
5.4 Unless otherwise indicated in the Statement of Work, any periodic Charges and/or lforium ‘s time and materials rates may be increased by lforium annually upon not less than [***] months’ prior written notice to the Client, such additional notice to take effect on the first day of a calendar month, save that:
5.4.1 no increase in respect of periodic Charges may be made during any minimum term for which such Charges are payable;
5.4.2 no increase shall be made during the first [***] months of this Agreement; and
5.4.3 any such increase must be by no more than the increase in the Retail Prices Index (United Kingdom) over the corresponding period of time from the Effective Date or the previous increase of the Charges or rates in question, as applicable.
5.5 Should the Client fail to make any payment due under the terms of this Agreement by the due date for payment to lforium , then lforium shall be entitled without prejudice to any other right or remedy to charge the Client interest on the amount which outstanding on a daily basis at the Retailer certifies is necessary rate of [***] per annum above the base rate of Bank of England from time to compensate time in force, such interest to be calculated from the Retailer due date for payment thereof to the date of actual payment.
5.6 All Charges must be paid by the Client by way of bank transfer, unless otherwise agreed between the parties in advance in writing. Both parties shall be responsible for their own respective fees and charges relating to all bank transfers, and for the increased cost. The Retailer avoidance of doubt the Client shall notify the Customer at least 10 business days before not purport to deduct any such additional fees or charges take effectfrom any amounts payable to lforium .
Appears in 1 contract
Samples: Services, Software and Support Agreement (Artemis Strategic Investment Corp)
Charges and Payments. 6.1 Subject (a) Customer agrees to any Applicable Laws, the Customer shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Premises and/or the Customer pay for the period prior services performed pursuant to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless of the date on which any claim relating thereto may be made, and the Customer shall pay to the Retailer any amount invoiced to the Retailer which relates thereto.
6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised by the applicable MSSL or otherwise this Agreement in accordance with the readings of terms set forth herein (including, without limitation, the Metering Equipmentsurcharges shown on the Project Rate Sheet, which if and to the extent applicable), unless such quantity of electricity shall terms are specifically modified in each case be Loss Adjusted writing by the Retailerboth Parties.
6.3 The Retailer will render periodic invoices (b) Charges for services performed pursuant to this Agreement shall be in accordance with the Customer and the Customer applicable Project Rate Sheet(s) included in Exhibit B.
(c) Payment for services performed pursuant to this Agreement shall pay the Retailer in full the sum stated in each invoice, be made within fourteen thirty (1430) days of the date Contractor renders its invoice; provided, however, that Contractor, on a project basis, may require that payment be made immediately or within less than thirty (30) days following the rendering of Contractor’s invoice. Failure to make payment within that applicable payment period shall cause interest to commence accruing at a rate of one and one-half percent (1 1/2%) per month from the due date of the invoiceinvoice or the maximum interest rate permitted under applicable law, whichever is greater, until payment in full (plus interest) is made and, in addition, shall entitle Contractor to pursue any other remedies available to Contractor hereunder, or at law or in equity. If Customer shall also be responsible for all costs of collection including, without limitation, court costs, attorney’s fees and lien fees.
(d) Customer shall be solely responsible for all federal, state and local excise taxes, occupational taxes, sales taxes, use of service fees, environmental fees, recycling fees, local municipality fees, surcharges, costs of analytical services required by receiving facilities for Material, transportation cost increases, fuel surcharges, costs of handling Non-Conforming Material, and other similar taxes, fees and charges. Customer shall promptly reimburse the Contractor for any amount remains unpaid such costs, taxes, fees and surcharges, together with any interest and penalties assessed by any taxing authority. Customer shall also be solely responsible for any additional costs or charges caused by any delay (unless due to Contractor) including, without limitation, demurrage costs.
(e) Except as otherwise provided herein, Contractor may not increase the prices set forth in the Project Rate Sheet(s) contained in Exhibit B for a period of thirty (30) days after the effective date of the Project Rate Sheet(s). From and after thirty (30) days of the effective date of the Project Rate Sheet(s) (unless otherwise stated herein), the prices set forth in the Project Rate Sheet(s) shall be subject to change by Contractor, provided that Contractor gives Customer after fourteen advance written or verbal notice of such change in prices. Customer shall have five (145) days from the date of notification by Contractor to accept or reject any cost or price increase tendered by Contractor. If Customer rejects the invoiceproposed price increase, Contractor shall have the Retailerright to terminate this Agreement or refuse to provide services to Customer pursuant to the Project Rate Sheet(s) that Contractor has sought to change.
(f) Except as otherwise set forth in the Project Rate Sheet(s), invoiced tonnage (if applicable) will be based on facility or Contractor’s certified scales weight tickets and therefore may be more or less than the estimated tonnages set forth in addition the Project Rate Sheet(s).
(g) Services required beyond the scope of the services described in the Project Rate Sheet(s) contained in Exhibit B will be invoiced at the price mutually agreed to any other remediesin writing by Contractor and Customer.
(h) The costs of obtaining special permits, shall licenses, authorizations or approvals to allow Contractor to handle particular Material will be entitled charged to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid at the rate of one per cent cost, plus 10% unless otherwise specified in writing.
(1%i) per month At the request of Customer and if applicable, a Certificate of Recycling and/or Disposal (to as such terms are used in the waste treatment industry) received by Contractor will be computed on a monthly rest basis) from the date when such sum becomes due and payable up to the date when issued upon receipt by Contractor of full payment is received by the Retailer.
6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations rendered in connection with or arising from this Agreementmanaging such Material. The Customer shall not be entitled to, deemed to retain full and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days complete ownership of the date of receipt of Material until such notice;
6.8.2 a decrease time as Contractor is paid in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice full for its services pursuant to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
6.12 If, as a result of the occurrence of any one or more of the following after the date of this Agreement:
6.12.1 any imposition of any addition or change to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreement, the Customer shall pay the Retailer such additional amount which the Retailer certifies is necessary to compensate the Retailer for the increased cost. The Retailer shall notify the Customer at least 10 business days before such additional charges take effect.
Appears in 1 contract
Samples: Master Service Agreement
Charges and Payments. 6.1 Subject to any Applicable Laws, the Customer shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services 3.1. All quotations provided by Envirodeck to the Premises and/or the Customer customer shall remain valid for the period prior stipulated on such quotation. Such quotations are subject to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless availability of the date on which any claim relating thereto may be madeproducts, and the Customer prices quoted, are subject to any increase in the cost price, including currency fluctuations with or without prior notice.
3.2. The customer shall pay not be entitled to return any of the products for credit. The Directors of Envirodeck shall exercise a sole discretion in respect of any credit, or products returned and any credit passed may be subject to a handling fee of 10% (ten percent).
3.3. Ownership of the product shall not pass to the Retailer customer until payment has been received in full of all or any amount invoiced indebtedness to Envirodeck in respect of products sold to a customer, which products shall remain movable property severable from any other movable and/or immovable property to which the Retailer which relates theretoproduct may be attached.
6.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises 3.4. Payment shall be determined on the basis made to Envirodeck immediately in respect of metering data, including any estimated metering data, for such Premises as advised by the applicable MSSL cash sales or otherwise in accordance with the readings of the Metering Equipment, which such quantity of electricity shall in each case be Loss Adjusted by the Retailer.
6.3 The Retailer will render periodic invoices to the Customer and the Customer shall pay the Retailer in full the sum stated in each invoice, within fourteen 30 (14thirty) days of the date on the invoice in respect of the invoicecredit agreements.
3.5. Should the customer have concluded a credit agreement with Envirodeck, the terms of such credit agreement shall apply in respect of payments to be made, which credit agreement shall be read in conjunction with these terms and conditions which terms and conditions apply not only to cash sales but also extends to include credit agreements.
3.6. In the event of a credit agreement being concluded, the customer acknowledges that Envirodeck shall be entitled to take any steps necessary to investigate the credit worthiness of the customer, including obtaining a report from the customer’s suppliers, bankers, accountants and credit bureaus.
3.7. Envirodeck shall be entitled to appropriate any payments received towards the reduction of any indebtedness to it, and any interest due in respect thereof before allocating it to the capital amount.
3.8. In the event of the amount falling due for payment by the customer to Envirodeck in terms of, or pursuant to this agreement, which amount is not paid on its due date, it shall bear interest calculated from the due date for payment thereof until date of payment at the rate equal to the prime overdraft rate plus 2% (two percent).
3.9. If any amount remains unpaid owed by the Customer after fourteen (14) days from customer is not paid on the date due date, without prejudice to any other rights that Envirodeck may have in law, it may then immediately suspend the carrying out of the invoice, the Retailer, any of its then uncompleted obligations until payment is made in addition to any other remedies, shall be entitled interest that will accrue to charge the Customer, and the Customer outstanding amount.
3.10. The customer shall be liable to pay the Retailerseller for all legal expenses, interest on including any collection fees incurred in the event of collection of payment by any agency appointed by Envirodeck, and for any litigation with regard to collection of payment.
3.11. The customer agrees that the amount unpaid at the rate of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due and payable up to Envirodeck is the date amount reflecting on the invoice and when full payment is received in dispute, may be determined and proven by a certified certificate issued and signed by any director or manager or member or partner or independent auditor. Such certificate shall be binding and shall be prima facie proof of the Retailerindebtedness of the customer.
6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time3.12. Any Government fees or taxes that are not imposed directly on claim the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations in connection with or arising from this Agreement. The Customer shall not be entitled to, and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer may, at its sole discretion, revise from time to time the Guarantee Amount by giving written notice to the Customer. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case customer may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice;
6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee shall be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts duehave, accruing arising wholly or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Chargespartially out of, nor does it constitute a waiver of Retailer’s rights to suspend, disconnect or terminate any retail electricity due to non-payment.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in the Retailer’s favour, the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amount. The Retailer may charge the Customer interest on the outstanding amount at 1% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
6.12 If, as a result of the occurrence of any one or more of the following after the date of this Agreement:
6.12.1 any imposition of any addition or change to any tax, levy, charges, fees, expenses, costs by the Authorities, the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreementthe products, the Customer shall pay the Retailer such additional amount which the Retailer certifies is necessary be deemed to compensate the Retailer be ceded to Envirodeck as security for the increased cost. The Retailer shall notify customer’s obligations in the Customer at least 10 business days before such additional charges take effectevent of a credit sale.
Appears in 1 contract
Samples: Terms and Conditions
Charges and Payments. 6.1 Subject Customer agrees to any Applicable Laws, the Customer shall be liable solely responsible to Provider for all obligations and liabilities arising from or connected with electricity sales or supplies or related services charges billed by Provider for Services provided to the Premises and/or the Customer for the period prior to the Start Date, including without limitation, any amount claimed by any electricity licensee (other than the Retailer) including any former electricity licensee, any fines and interest and any amounts resulting from any corrections (for any reason whatsoever) to applicable prices or amounts previously calculated or invoices or statements previously issuedunder this Agreement, regardless of whether: (1) Customer fails to appropriate sufficient funds; or (2) E-rate funding is approved and/or received. Charges for the date Services provided under this Agreement will be billed to Customer on which any claim relating thereto a semi-annual basis. Provider purchases transport through a third-party Bandwidth Service Provider. The cost of transport from the Bandwidth Service Provider may vary and will be made, and the Customer shall pay passed through directly to the Retailer any amount invoiced to the Retailer which relates thereto.
6.2 The quantity Customer. Payment of electricity used and/or consumed (“Quantity of electricity”) at the Premises all invoices for Services provided by Provider under this Agreement shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised by the applicable MSSL or otherwise in accordance with the readings of the Metering Equipment, which such quantity of electricity shall in each case be Loss Adjusted by the Retailer.
6.3 The Retailer will render periodic invoices to the Customer due and the Customer shall pay the Retailer in full the sum stated in each invoice, payable within fourteen thirty (1430) days of the mailing date of the invoice. If any amount remains unpaid by the Customer after fourteen (14) days from the date of the invoice, the Retailer, in addition to any other remedies, shall be entitled to charge the Customer, and the Customer shall be liable to pay the Retailer, interest on the amount unpaid at the rate of one per cent (1%) per month (to be computed on a monthly rest basis) from the date when such sum becomes due and payable up to the date when full payment is received by the Retailer.
6.4 Upon the expiry or termination of the Agreement, the Retailer shall issue to the Customer the final invoice within 12 business days from the date the Retailer receives the relevant invoice from the Market Support Services Licensee. If for any reason, the Retailer’s final invoice cannot be issued within such period, the Retailer, shall within that same period notify the Customer of the expected date of issuance of the final invoice.
6.5 The Retailer may, at our discretion, allow all payment under this Agreement to be paid through GIRO, Customer credit or debit card. Where Customer have chosen the method of payment through his credit or debit card, he must inform Xxxxxxxx immediately in writing if Customer’s credit or debit card is lost, stolen, expired or terminated or if Customer wants to terminate this method of payment. Where the method of payment is through GIRO, Customer shall notify the relevant bank and Retailer if you want to terminate this method of payment. The termination of the GIRO/credit card payment arrangement will only be in effect when the message referring to the GIRO/credit card deduction is no longer reflected in Customer bill. If Retailer is unable to make the deduction or settlement with Customer bank or card company, Retailer will not be liable to you in any way and Customer must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees and/or processing fee for the failed transaction. Where payment is made by cheque, a processing fee will be imposed in the event the cheque is returned and/or rejected by the bank. Retailer may, at its discretion, terminate any such recurring method of payment at any time. Where Customer have chosen the methods of payment stated in this Clause 6.5 and where payment is made by a consenting third party, Retailer will only take instructions from Customer (not the said third party) in writing, in respect of all matters pertaining to Customer account, including but not limited to the payment instructions and the services subscribed to.
6.6 All amounts mentioned herein as payable by the Customer are inclusive of goods and services tax (if any) and the Retailer may add to such amounts, and the Customer shall pay, such tax at the rate applicable thereto from time to time. Any Government fees or taxes that are not imposed directly on the Retailer based on the Customer’s electricity consumption shall not be itemised in the Agreement or electricity bill for the Customer.
6.7 The Customer shall if so required by the Retailer in writing, promptly provide the Retailer with a Guarantee Amount for any or all of the Customer's obligations in connection with or arising from this Agreementinvoice. The Customer shall not be entitled to, and the Retailer is not liable to pay, any interest on any Guarantee Amount provided by the Customer to the Retailer.
6.8 The Retailer Provider may, at its sole discretion, revise from time terminate or suspend the Services to time the Guarantee Amount any Customer whose payments are in arrears by giving written notice to the Customermore than sixty (60) days. Where such revision results in:
6.8.1 an increase in the Guarantee Amount, the Customer must provide such additional or replacement Guarantee Amount, as the case may be, for such revised Guarantee Amount, within fourteen (14) calendar days of the date of receipt of such notice;
6.8.2 a decrease in the Guarantee Amount, the Retailer will refund the Customer any excess Guarantee Amount above the required Guarantee Amount within thirty (30) calendar days.
6.9 The Retailer may, at any time, without prior notice to the Customer, realise or apply the whole or any part of the Guarantee Amount provided by the Customer to the Retailer to partially or totally discharge any or all of the Customer's payment obligations in connection with or arising from this Agreement. The following provisions also apply:
6.9.1 Where the Guarantee Amount takes the form of an unconditional bank guarantee, this unconditional bank guarantee Such suspension shall not be issued by a reputable bank in Singapore in a form and content acceptable to the Retailer.
6.9.2 Without prejudice to Clause 6.10 below, the Retailer shall be entitled to make a demand under the unconditional bank guarantee for such amount as the Retailer may deem appropriate if the Customer breaches any of its obligations under the Agreement. The Customer shall ensure that the unconditional bank guarantee will remain valid and enforceable throughout the duration of this Agreement (and any extension of such duration) and for ninety (90) days after the expiry or termination of this Agreement.
6.9.3 Any remaining Guarantee Amount in the hands of the Retailer after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to the Customer, within thirty (30) calendar days from the settlement of the last electricity invoice.
6.10 The Retailer may, at its discretion, use this Guarantee Amount at any time as they deem appropriate to offset any outstanding Charges and any amounts due under any of Customer accounts with Retailer. Any remaining balance will be refunded to Customer without interest after this Agreement is terminated and Customer have paid all outstanding amounts due, accruing or payable to Retailer. A deposit does not relieve Customer from his obligations to pay any Charges, nor does it constitute deemed a waiver of Retailer’s other legal or equitable rights to suspend, disconnect or terminate any retail electricity due to non-the Provider may have for enforcement of payment.
6.11 The Customer can reasonably dispute any amount in their invoice but is still liable to pay all charges. The Retailer shall investigate any such dispute and facilitate resolution of metering disputes between SP Services and the Customer where applicable and the Retailer shall provide a written response to the Customer within 30 days from the day the Retailer was notified of such dispute. If the dispute is resolved in Provider suspends Services to Customer pursuant to this Section, Provider reserves the Retailer’s favour, right to charge Customer a reconnection fee to cover the Customer must pay the Retailer the disputed amount and all costs incurred in recovering the amountadministrative cost of reconnection. The Retailer may reconnection charge shall be in addition to any other amounts owed to Provider by Customer. LEVEL OF SERVICE Provider will provide the Customer interest on Service as specified in Schedule 1 for an Uptime of 24-hour- per-day, 7-day-per-week less the outstanding amount at 1% per month from period during which the date the outstanding amount was Service is not available due and payable and calculated daily or at such other rates as the Retailer may prescribe from time to time. If it is agreed by the Retailer that there is a mistake in the Customer’s invoice, the Retailer shall adjust the Customer’s next invoice accordingly. If the Customer has paid an invoice and subsequently chooses to contest it, any such dispute must be raised by the Customer in writing to the Retailer not later than 2 years from the date of the invoice. Each party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
6.12 If, as a result of the occurrence of any one or more of the following after events (collectively, “Excusable Downtime” which is specifically excluded from any Uptime calculation):
(a) Scheduled or routine testing or maintenance of the date Service or any portion thereof;
(b) The acts or omissions of this Agreement:
6.12.1 Customer or Customer’s employees, agents, contractors, vendors any imposition other party gaining access to the Service by reason, directly or indirectly, of any addition act or change omission by Customer;
(c) A failure of the Internet and/or telecommunications networks;
(d) Any actions taken by Provider believed to be reasonably necessary to preserve data of Customer or other Provider customer;
(e) The occurrence of any taxevent that is beyond Provider’s reasonable control;
(f) At Customer’s direction, levyProvider restricting access to the Services;
(g) A failure of Customer’s data or systems to integrate with the Services. If Provider fails to satisfy the Uptime Commitment stated above during a given year, charges, fees, expenses, costs then the Annual Charges for the following year shall be correspondingly reduced by the Authoritiespercentage of time that the Uptime commitment was not met for such preceding year, but under no circumstances shall such credit ever exceed the Market Support Service Licensee, Transmission Licensee, or other competent authority, or pursuant to any change in law (other than income tax, fines or penalties);
6.12.2 the temporary or permanent suspension, collapse or discontinuance amount of any of the wholesale electricity markets established by the market rules of the EMC, whether or not in accordance with the provisions of the market rules of the EMC;
6.12.3 the incurring of any liability by, cost to or reduction in benefit for the Retailer because of a Force Majeure Event;
6.12.4 any introduction of or any change to any Applicable Laws; and/or
6.12.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body,
6.12.6 and after best efforts by the Retailer to mitigate such costs, the Retailer determines that there is any increase (whether direct or indirect) in the cost of its provision of any services or products to the Customer under or in connection with this Agreement, the Customer shall pay the Retailer such additional amount which the Retailer certifies is necessary to compensate the Retailer for the increased costannual fees otherwise then due. The Retailer forgoing credit shall notify the Customer at least 10 business days before such additional charges take effectbe Customer’s sole and exclusive remedy for Provider‘s failure to comply with its Uptime Commitment.
Appears in 1 contract
Samples: Internet Access Service Agreement
