Disputed Charges. 12.1. If an invoice is identified by the Company as incorrect, then the Service Provider shall, at the Company’s election: (i) issue a corrected invoice; or (ii) issue a credit note to the Company and forthwith refund to the Company the overpayment (if any); or (iii) make a correction on the invoice for the month following the month in which the incorrect invoice was issued. If (ii) or (iii) applies the Service Provider shall calculate the credit note or invoice correction (as the case may be) on the basis that interest calculated at the Agreement Interest Rate shall accrue in favour of the Company for the number of days from the date of the Company’s payment to the date of the refund (in the case of (ii) and the date of the payment of the corrected invoice (in the case of (iii)) (assuming a 365 day year). The Company shall not be liable to pay interest on undercharged amounts, if any. 12.2. The Company may withhold payment of charges that the Company disputes in good faith (or, if the disputed charges have already been paid, the Company may withhold an equal amount from a later payment), including disputes in respect of an error in an invoice or an unpaid amount. 12.3. If any dispute contemplated in clause 12.2 is resolved or determined in favour of the Service Provider, the Company shall pay any amounts withheld in terms of clause 12.2, with interest calculated at the Agreement Interest Rate for the number of days from the due date of payment to the date of actual payment (assuming a 365 day year), within 20 (twenty) days of final resolution or determination of the said dispute.
Appears in 13 contracts
Samples: Services Agreements, Services Agreement, Services Agreement
