Charges Payment and Interest. 7.1. Charges for the Service are as agreed on the Order Form and we will charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Service usage limit (usage cap). 7.2. Convergence may increase or implement new Charges in line with Third Party Supplier enforced increases, including but not limited to RPI increases 7.3. All Charges are subject to the Survey. If following the Survey, Convergence incurs additional costs in providing the Service, Convergence shall be entitled on notification to You to increase the Charges by the amount of such costs. You agree to pay such increased Charges 7.4. It is a condition of the Agreement that You pay the Charges in full without any set-off, deduction, withholding, restriction or condition whatsoever. 7.5. Other than where Charges are based solely on usage, Your liability for Charges starts from the effective date of the Agreement (as referred to in Clause 9.1) whether or not the Service is used. You are liable for the Charges where the Service is used by third parties. 7.6. Unless otherwise specified on the Order Form, Charges will apply from the Service Commencement Date. 7.7. Where prior to entering into the Agreement or at any time during its term, You have indicated any anticipated usage/take up levels of the Service and such usage/take up levels are not met, Convergence may, without prejudice to any other rights under the Agreement, apply revised Charges. Such revised Charges shall not be subject to Clauses 18.1 or 18.2. 7.8. Charges shall be invoiced by Convergence in accordance with the relevant Order Form and shall be payable by You to Convergence (or such person as Convergence or the person invoicing on behalf of Convergence shall specify) within 30 days of the date of such invoice. 7.9. Any charges levied on Convergence by Third Party Suppliers relating to terminated services shall be passed on to You. 7.10. If payment is not made when due, Convergence may without prejudice to its other rights, charge interest at 4% per annum above the Bank of England LIBOR on any amount You fail to pay from the date when payment was due until the date of actual payment. Interest will continue to accrue even if the Agreement is terminated. Convergence shall be entitled, without prejudice to any other rights it may have, to suspend the Service until such time as all payments due and payable to Convergence have been paid in full together with such sum as Convergence may charge You in respect of recommencing the Service. 7.11. You must reimburse Convergence all costs and expenses (including legal costs) incurred in the collection of any overdue amounts. Costs and expenses will continue to accrue even if the Agreement is terminated. 7.12. All sums due to Convergence under the Agreement are exclusive of Value Added Tax or any other applicable tax which shall be charged to You.
Appears in 2 contracts
Samples: Telecommunications, Telecommunications
Charges Payment and Interest. 7.1. Charges for the Service are as agreed on the Order Form and we will charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Service usage limit (usage cap).
7.2. Convergence may increase or implement new Charges in line with Third Party Supplier enforced increases, including but not limited to RPI increases
7.3. All Charges are subject to the Survey. If following the Survey, Convergence incurs additional costs in providing the Service, Convergence shall be entitled on notification to You to increase the Charges by the amount of such costs. You agree to pay such increased Charges
7.4. 4.1 It is a condition of the Agreement that You pay the Charges in full without any set-off, deduction, withholding, restriction or condition whatsoever.
7.54.2 Charges for the Service are as referred to in the Price List in the Proposal or as otherwise agreed in writing. Notwithstanding the aforesaid Charges are subject to Assessment. If following Assessment IntoSolutions incurs unusual additional costs in providing the Service, IntoSolutions shall be entitled on notification to You to increase the Charges by the amount of such costs. You agree to pay such increased Charges.
4.3 Payment terms and invoicing shall be as follows:
4.3.1 Line Rental Charges shall be invoiced monthly in advance from the Service Start Date;
4.3.2 Installation Charges shall be invoiced on or around the Service Start Date or such other date as IntoSolutions shall notify You (but not before the Service Start Date);
4.3.3 Usage Charges shall be invoiced monthly in arrears from the Service Start Date. Such Charges shall be calculated by reference to Your use of the Service as recorded by IntoSolutions and not by reference to Your records;
4.3.4 Leased Equipment Charges shall be invoiced in accordance with the term of the respective leasing agreement or as otherwise agreed in writing;
4.3.5 Purchased Equipment Charges shall be invoiced on or around delivery of the Purchased Equipment; and
4.3.6 Any other Charges shall be invoiced as set out in the Price List or as otherwise agreed in writing.
4.4 Other than as set out in Clause 4, IntoSolutions may increase or implement new Charges by giving You 30 days’ written notice. Within 7 days of such notification You may give notice to IntoSolutions to terminate the Agreement. If You do not terminate in such period You are deemed to have accepted the increased/new Charges. IntoSolutions may decrease Charges at any time without notice and You shall have no right to terminate the Agreement.
4.5 Other than where Charges are based solely on usage, Your liability for Charges starts from the effective date of the Agreement (as referred to in Clause 9.1) whether or not the Service is used. You are liable for the Charges where the Service is used by third parties.
7.6. Unless otherwise specified on the Order Form, Charges will apply from the Service Commencement Date.
7.7. Where prior to entering into the Agreement or at any time during its term, You have indicated any anticipated usage/take up levels of the Service and such usage/take up levels are not met, Convergence may, without prejudice to any other rights under the Agreement, apply revised Charges. Such revised Charges shall not be subject to Clauses 18.1 or 18.2.
7.8. 4.6 Charges shall be invoiced by Convergence in accordance with the relevant Order Form or on behalf of IntoSolutions and shall be payable by You to Convergence IntoSolutions (or such person as Convergence IntoSolutions or the person invoicing on behalf of Convergence IntoSolutions shall specify) within 30 days of the date invoice date.
4.7 IntoSolutions shall be entitled to carry out credit checks on You. IntoSolutions accepts no liability for the accuracy or otherwise of information provided to it from credit reference agencies. If at any time before or during the term of this Agreement You fail to meet the standard of creditworthiness deemed acceptable by IntoSolutions, IntoSolutions shall be entitled:
4.7.1 To terminate the Agreement, in whole or in part immediately upon written notice to You;
4.7.2 To require You to make such regular instalment payments in advance on account of any future charges as IntoSolutions shall deem appropriate;
4.7.3 To impose credit limits on You in respect of Charges and to suspend Service at any time when such limits are reached until payment in full of such invoiceoutstanding Charges has been made; and
4.7.4 To impose such other measures on Your right to use any of the Services as IntoSolutions shall deem appropriate.
7.94.8 IntoSolutions reserves the right to charge a deposit to secure amounts payable by You hereunder. Any charges levied on Convergence Such deposit may be applied by Third Party Suppliers relating IntoSolutions against any outstanding Charges due by You hereunder from time to terminated services time. No interest shall be passed payable on to Youany such deposit.
7.10. 4.9 If payment is not made when due, Convergence due IntoSolutions may without prejudice to its other rights, charge daily interest at an annual rate of 4% per annum above the base rate for lending of Barclays Bank of England LIBOR plc on any amount You fail to pay pay, from the date when the payment was due until the date of actual payment. Interest will continue to accrue even if the Agreement is terminated. Convergence shall be entitled, without prejudice to any other rights it may have, to suspend the Service until such time as all payments due and payable to Convergence have been paid in full together with such sum as Convergence may charge You in respect of recommencing the Service.
7.11. 4.10 You must reimburse Convergence IntoSolutions for all costs and expenses (including legal costs) incurred in the collection of any overdue amounts. Costs and expenses will continue to accrue even if the Agreement is terminated.
7.12. 4.11 All sums due to Convergence IntoSolutions under the this Agreement are exclusive of Value Added Tax or any other applicable tax which shall be charged to Youtax.
Appears in 1 contract
Samples: Standard Terms & Conditions
Charges Payment and Interest. 7.1. Charges for the Service are as agreed on the Order Form and we will charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Service usage limit (usage cap).
7.2. Convergence may increase or implement new Charges in line with Third Party Supplier enforced increases, including but not limited to RPI increases
7.3. All Charges are subject to the Survey. If following the Survey, Convergence incurs additional costs in providing the Service, Convergence shall be entitled on notification to You to increase the Charges by the amount of such costs. You agree to pay such increased Charges
7.4. 4.1 It is a condition of the Agreement that You pay the Charges in full without any set-off, deduction, withholding, restriction or condition whatsoever.
7.54.2 Charges for the Service are as referred to in the Price List in the Proposal or as otherwise agreed in writing. Notwithstanding the aforesaid Charges are subject to Assessment. If following Assessment IntoVOIP incurs unusual additional costs in providing the Service, IntoVOIP shall be entitled on notification to You to increase the Charges by the amount of such costs. You agree to pay such increased Charges.
4.3 Payment terms and invoicing shall be as follows:
4.3.1 Line Rental Charges shall be invoiced monthly in advance from the Service Start Date;
4.3.2 Installation Charges shall be invoiced on or around the Service Start Date or such other date as IntoVOIP shall notify You (but not before the Service Start Date);
4.3.3 Usage Charges shall be invoiced monthly in arrears from the Service Start Date. Such Charges shall be calculated by reference to Your use of the Service as recorded by IntoVOIP and not by reference to your records;
4.3.4 Leased Equipment Charges shall be invoiced in accordance with the term of the respective leasing agreement or as otherwise agreed in writing;
4.3.5 Purchased Equipment Charges shall be invoiced on or around delivery of the Purchased Equipment; and
4.3.6 Any other Charges shall be invoiced as set out in the Price List or as otherwise agreed in writing.
4.4 Other than as set out in Clause 4, IntoVOIP may increase or implement new Charges by giving You 30 days’ written notice. Within 7 days of such notification You may give notice to IntoVOIP to terminate the Agreement. If You do not terminate in such period You are deemed to have accepted the increased/new Charges. IntoVOIP may decrease Charges at any time without notice and You shall have no right to terminate the Agreement.
4.5 Other than where Charges are based solely on usage, Your liability for Charges starts from the effective date of the Agreement (as referred to in Clause 9.1) whether or not the Service is used. You are liable for the Charges where the Service is used by third parties.
7.6. Unless otherwise specified on the Order Form, Charges will apply from the Service Commencement Date.
7.7. Where prior to entering into the Agreement or at any time during its term, You have indicated any anticipated usage/take up levels of the Service and such usage/take up levels are not met, Convergence may, without prejudice to any other rights under the Agreement, apply revised Charges. Such revised Charges shall not be subject to Clauses 18.1 or 18.2.
7.8. 4.6 Charges shall be invoiced by Convergence in accordance with the relevant Order Form or on behalf of IntoVOIP and shall be payable by You to Convergence IntoVOIP (or such person as Convergence IntoVOIP or the person invoicing on behalf of Convergence IntoVOIP shall specify) within 30 days of the date invoice date.
4.7 IntoVOIP shall be entitled to carry out credit checks on You. IntoVOIP accepts no liability for the accuracy or otherwise of information provided to it from credit reference agencies. If at any time before or during the term of this Agreement You fail to meet the standard of creditworthiness deemed acceptable by IntoVOIP, IntoVOIP shall be entitled:
4.7.1 To terminate the Agreement, in whole or in part immediately upon written notice to You;
4.7.2 To require You to make such regular instalment payments in advance on account of any future charges as IntoVOIP shall deem appropriate;
4.7.3 To impose credit limits on You in respect of Charges and to suspend Service at any time when such limits are reached until payment in full of such invoiceoutstanding Charges has been made; and
4.7.4 To impose such other measures on Your right to use any of the Services as IntoVOIP shall deem appropriate.
7.94.8 IntoVOIP reserves the right to charge a deposit to secure amounts payable by You hereunder. Any charges levied on Convergence Such deposit may be applied by Third Party Suppliers relating IntoVOIP against any outstanding Charges due by You hereunder from time to terminated services time. No interest shall be passed payable on to Youany such deposit.
7.10. 4.9 If payment is not made when due, Convergence due IntoVOIP may without prejudice to its other rights, charge daily interest at an annual rate of 4% per annum above the base rate for lending of Barclays Bank of England LIBOR plc on any amount You fail to pay pay, from the date when the payment was due until the date of actual payment. Interest will continue to accrue even if the Agreement is terminated. Convergence shall be entitled, without prejudice to any other rights it may have, to suspend the Service until such time as all payments due and payable to Convergence have been paid in full together with such sum as Convergence may charge You in respect of recommencing the Service.
7.11. 4.10 You must reimburse Convergence IntoVOIP for all costs and expenses (including legal costs) incurred in the collection of any overdue amounts. Costs and expenses will continue to accrue even if the Agreement is terminated.
7.12. 4.11 All sums due to Convergence IntoVOIP under the this Agreement are exclusive of Value Added Tax or any other applicable tax which shall be charged to Youtax.
Appears in 1 contract
Samples: Standard Terms & Conditions
Charges Payment and Interest. 7.1. Charges for the Service are as agreed on the Order Form and we will charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Service usage limit (usage cap).
7.2. Convergence LinchPin may increase or implement new Charges in line with Third Party Supplier enforced increases, including but not limited to RPI increases
7.3. All Charges are subject to the Survey. If following the Survey, Convergence LinchPin incurs additional costs in providing the Service, Convergence LinchPin shall be entitled on notification to You to increase the Charges by the amount of such costs. You agree to pay such increased Charges
7.4. It is a condition of the Agreement that You pay the Charges in full without any set-off, deduction, withholding, restriction or condition whatsoever.
7.5. Other than where Charges are based solely on usage, Your liability for Charges starts from the effective date of the Agreement (as referred to in Clause 9.1) whether or not the Service is used. You are liable for the Charges where the Service is used by third parties.
7.6. Unless otherwise specified on the Order Form, Charges will apply from the Service Commencement Date.
7.7. Where prior to entering into the Agreement or at any time during its term, You have indicated any anticipated usage/take up levels of the Service and such usage/take up levels are not met, Convergence LinchPin may, without prejudice to any other rights under the Agreement, apply revised Charges. Such revised Charges shall not be subject to Clauses 18.1 or 18.2.
7.8. Charges shall be invoiced by Convergence LinchPin in accordance with the relevant Order Form and shall be payable by You to Convergence LinchPin (or such person as Convergence LinchPin or the person invoicing on behalf of Convergence LinchPin shall specify) within 30 days of the date of such invoice.
7.9. Any charges levied on Convergence LinchPin by Third Party Suppliers relating to terminated services shall be passed on to You.
7.10. If payment is not made when due, Convergence LinchPin may without prejudice to its other rights, charge interest at 4% per annum above the Bank of England LIBOR on any amount You fail to pay from the date when payment was due until the date of actual payment. Interest will continue to accrue even if the Agreement is terminated. Convergence LinchPin shall be entitled, without prejudice to any other rights it may have, to suspend the Service until such time as all payments due and payable to Convergence LinchPin have been paid in full together with such sum as Convergence LinchPin may charge You in respect of recommencing the Service.
7.11. You must reimburse Convergence LinchPin all costs and expenses (including legal costs) incurred in the collection of any overdue amounts. Costs and expenses will continue to accrue even if the Agreement is terminated.
7.12. All sums due to Convergence LinchPin under the Agreement are exclusive of Value Added Tax or any other applicable tax which shall be charged to You.
Appears in 1 contract
Samples: Standard Wan Terms and Conditions
