FEE AND PAYMENT. 5.1 In consideration for the rights granted to it under this Agreement, the Customer shall pay to VUCITY the Fee, which shall be calculated: 5.1.1 in relation to the XX.XXXX Product, on the basis of the number of Users per tier and the Model(s) selected by the Customer; and 5.1.2 in relation to the SiteSolve Product, on the basis of the number of Users, as set out in the Order Confirmation. The Fee is to be paid in pounds sterling (£) and is exclusive of any VAT, duties, bank fees, sales tax, or excise or similar or other taxes due. 5.2 If the Customer wishes to add additional Users, the Customer shall purchase additional User subscriptions on the Website for the fees set out on the Website. Where additional Users cannot be purchased through the Website, the Customer may add additional Users during the term of the Agreement by notifying VUCITY and subject to an additional Order Confirmation. 5.3 Where the Customer procures a licence or access to the XX.XXXX Product and the Customer wishes to gain access to additional Models, the Customer shall subscribe to the additional Models on the Website for the fees set out on the Website. Where additional Models cannot be purchased through the Website, the Customer may add such Models during the term of the Agreement by notifying VUCITY and subject to an additional Order Confirmation. 5.4 The Customer shall not be entitled by reason of any set-off, counterclaim, abatement or other similar deduction to withhold payment of any amount due to VUCITY. 5.5 Where the Customer orders the Product (or additional Models or Users) via the Website, the Customer shall pay the Fees at the point of ordering. Unless this Agreement has been terminated in accordance with clause 8, the Customer shall pay the Fees for the Renewal Term on the anniversary of the Commencement Date. Where the Customer orders the Product (or additional Models or Users) otherwise than via the Website, VUCITY shall invoice the Customer for the Fee on or around the Commencement Date (or on or around the date the additional Models or Users are ordered). Unless this Agreement has been terminated in accordance with clause 8, VUCITY shall invoice the Customer the Fees for the Renewal Term on or around each anniversary of the Commencement Date. 5.6 The Customer shall pay undisputed invoices within 30 days of the date of the invoice. 5.7 VUCITY shall be entitled to charge the Customer interest on all overdue payments at a rate of 2% per month, compounded monthly, on the outstanding balance. 5.8 If the Customer fails to comply with clause 5.6, VUCITY reserves the right to terminate this Agreement in accordance with clause 8 below. 5.9 VUCITY reserves the right to increase the Fee for any Renewal Term. Should VUCITY wish to increase the Fee for the Renewal Term, it shall notify the Customer no less than 30 days before the end of the Initial Term or the relevant Renewal Term.
Appears in 3 contracts
Samples: Licensing Agreement, Licensing Agreement, Licensing Agreement
FEE AND PAYMENT. 5.1 In consideration for the rights granted to it under this Agreement, the Customer shall pay to VUCITY the Fee, which shall be calculated:
5.1.1 in relation to the XX.XXXX Product, on the basis of the number of Users and the type of Users (i.e. individual-User licences or Floating Licence) per tier and the Model(s) selected by the Customer; and
5.1.2 in relation to the SiteSolve Product, on the basis of the number of Users, as set out in the Order Confirmation. The Fee is to be paid in pounds sterling (£) and is exclusive of any VAT, duties, bank fees, sales tax, or excise or similar or other taxes due.
5.2 If the Customer wishes to add additional Users, the Customer shall purchase additional User subscriptions on the Website for the fees set out on notified or otherwise made available by VUCITY to the WebsiteCustomer from time to time. Where additional Users cannot be purchased through the Website, the Customer may add additional Users during the term of the Agreement by notifying VUCITY and subject to an additional Order Confirmation.
5.3 Where the Customer procures a licence or access to the XX.XXXX Product and the Customer wishes to gain access to additional Models, the Customer shall subscribe to the additional Models on the Website for the fees set out on notified or otherwise made available by VUCITY to the WebsiteCustomer from time to time. Where additional Models cannot be purchased through the Website, the Customer may add such Models during the term of the Agreement by notifying VUCITY and subject to an additional Order Confirmation.
5.4 The Customer shall not be entitled by reason of any set-off, counterclaim, abatement or other similar deduction to withhold payment of any amount due to VUCITY.
5.5 Where the Customer orders the Product (or additional Models or Users) via the Website, the Customer shall pay the Fees at the point of ordering. Unless this Agreement has been terminated in accordance with clause 8, the Customer shall pay the Fees for the Renewal Term on the anniversary of the Commencement Date. Where the Customer orders the Product (or additional Models or Users) otherwise than via the Website, VUCITY shall invoice the Customer for the Fee on or around the Commencement Date (or on or around the date the additional Models or Users are ordered). Unless this Agreement has been terminated in accordance with clause 8, VUCITY shall invoice the Customer the Fees for the Renewal Term on or around each anniversary of the Commencement Date.
5.6 The Customer shall pay undisputed invoices within 30 days of the date of the invoice.
5.7 VUCITY shall be entitled to charge the Customer interest on all overdue payments at a rate of 2% per month, compounded monthly, on the outstanding balance.
5.8 If the Customer fails to comply with clause 5.6, VUCITY reserves the right to terminate this Agreement in accordance with clause 8 below.
5.9 VUCITY reserves the right to increase the Fee for any Renewal Term. Should VUCITY wish to increase the Fee for the Renewal Term, it shall notify the Customer no less than 30 days before the end of the Initial Term or the relevant Renewal Term.
Appears in 1 contract
Samples: Licensing Agreement
FEE AND PAYMENT. 5.1 In consideration for the rights granted to it under this Agreement, the Customer shall pay to VUCITY the Fee, which shall be calculated:
5.1.1 in relation to the XX.XXXX Product, on the basis of the number of Users per tier and the Model(s) selected by the Customer; and
5.1.2 in relation to the SiteSolve Product, on the basis of the number of Users, as set out in the Order Confirmation. The Fee is to be paid in pounds sterling (£) and is exclusive of any VAT, duties, bank fees, sales tax, or excise or similar or other taxes due.
5.2 If the Customer wishes to add additional Users, the Customer shall purchase additional User subscriptions on the Website for the fees set out on notified or otherwise made available by VUCITY to the WebsiteCustomer from time to time. Where additional Users cannot be purchased through the Website, the Customer may add additional Users during the term of the Agreement by notifying VUCITY and subject to an additional Order Confirmation.
5.3 Where the Customer procures a licence or access to the XX.XXXX Product and the Customer wishes to gain access to additional Models, the Customer shall subscribe to the additional Models on the Website for the fees set out on notified or otherwise made available by VUCITY to the WebsiteCustomer from time to time. Where additional Models cannot be purchased through the Website, the Customer may add such Models during the term of the Agreement by notifying VUCITY and subject to an additional Order Confirmation.
5.4 The Customer shall not be entitled by reason of any set-off, counterclaim, abatement or other similar deduction to withhold payment of any amount due to VUCITY.
5.5 Where the Customer orders the Product (or additional Models or Users) via the Website, the Customer shall pay the Fees at the point of ordering. Unless this Agreement has been terminated in accordance with clause 8, the Customer shall pay the Fees for the Renewal Term on the anniversary of the Commencement Date. Where the Customer orders the Product (or additional Models or Users) otherwise than via the Website, VUCITY shall invoice the Customer for the Fee on or around the Commencement Date (or on or around the date the additional Models or Users are ordered). Unless this Agreement has been terminated in accordance with clause 8, VUCITY shall invoice the Customer the Fees for the Renewal Term on or around each anniversary of the Commencement Date.
5.6 The Customer shall pay undisputed invoices within 30 days of the date of the invoice.
5.7 VUCITY shall be entitled to charge the Customer interest on all overdue payments at a rate of 2% per month, compounded monthly, on the outstanding balance.
5.8 If the Customer fails to comply with clause 5.6, VUCITY reserves the right to terminate this Agreement in accordance with clause 8 below.
5.9 VUCITY reserves the right to increase the Fee for any Renewal Term. Should VUCITY wish to increase the Fee for the Renewal Term, it shall notify the Customer no less than 30 days before the end of the Initial Term or the relevant Renewal Term.
Appears in 1 contract
Samples: Licensing Agreement