Fees and Expenses Payments a. The fees for Accounts and Card Products are set forth in the Card Program Documents, and Bank may increase or add fee with at least 30 days’ prior Notice to Client. No periodic rate is used to compute any finance charge for Accounts. Client shall reimburse Bank or the applicable third party for all expenses that Bank or such third party incurs in providing special services to Client at Client’s request in connection with Accounts or Card Products, including charges for duplicating lost statements and reports, courier charges, and expenses for expediting the reissue of lost or stolen Cards.
b. Client shall pay Amounts Due to the order of Bank ON DEMAND in immediately available U.S. funds. Such payment shall be due and payable on or before the date shown on the Aggregate Statement for the Billing Period or such other Notice from Bank. Unless the parties otherwise agree in writing, Bank may debit the Payment Account for Amounts Due through ACH or other Bank approved means. Client must maintain available funds in the Payment Account sufficient to pay all Amounts Due. Any payment received from Client shall be applied to accrued and unpaid Amounts Due in such order determined by Bank. If Client makes a payment that indicates that it is to pay the entire Account Balance or Amounts Due, Bank may (i) accept such payment but not agree that it satisfies the entire Account Balance or Amounts Due, or (ii) return such payment to Client. If Client obtains a refund or other adjustment for a Purchase, Client will receive an adjustment to the Account Balance, not cash.
c. The Annual Membership Fee for each Card will be billed for each year whether or not Client uses an Account or Card. Payment of the Annual Membership Fee does not affect Bank’s rights to close an Account or to limit Client’s right to make Loans and Purchases. If an Account is closed, Bank will continue to charge the Annual Membership Fee for each Card until the Account Balance is paid in full.
d. If any Amounts Due are not paid when due, Bank may assess a late charge in the amount set forth in the Card Program Documents.
e. If any charge is construed as interest by any Governmental Authority, it is the intent of Bank and Client that interest shall not be payable at a rate in excess of the maximum rate permitted by Law (the “Maximum Legal Rate”). Solely to the extent necessary to prevent interest under an Account from exceeding the Maximum Legal Rate, any amount that would be treated as excessive interest...
Fees and Expenses Payments. 4.1 Fees. Customer will pay all fees specified in Order Forms (the “Fees”). Except as otherwise specified herein or in an Order Form, (a) fees are based on Subscription Services purchased and not actual usage, (b) payment obligations are non-cancelable and fees paid are non- refundable, and (c) quantities purchased cannot be decreased during the relevant Subscription Term. Unless otherwise provided in the Order Form, all Fees are due in advance of each Contract Year shall be paid within thirty (30) calendar days after the date of invoice issued by LAS. If any Fees are overdue by more than five (5) Business Days, in addition to any other rights and remedies (including, without limitation, the termination rights set forth in this Agreement), LAS reserves the right to suspend the Subscription Services without liability to LAS, until such account is paid in full. Customer remains responsible for any and all payments due and payable during any such suspension period. Customer agrees that, if LAS incurs any legal fees, costs, and/or expenses to enforce any rights arising out of or relating to this Agreement including, without limitation, Customer’s obligation to pay Fees and other amounts under this Agreement, Customer shall be responsible for and shall promptly reimburse LAS for all reasonable attorneys’ fees, expenses, and costs related to or arising therefrom.
Fees and Expenses Payments o In consideration for the access rights granted to Subscriber and the Services performed by Company under this Agreement, Subscriber will pay to Company the fees under the terms and conditions set forth in the Order Form. In the event that Subscriber wishes to add Applications or to increase the number of Authorized Users or Authorized Facilities beyond the maximum number of Authorized Users or Authorized Facilities for which fees have been paid, Subscriber shall be required to pay additional fees associated with the increased number of Applications, Authorized Users or Authorized Facilities, prorated for the remainder of the term. Company shall be entitled to withhold performance and discontinue service until all amounts due are paid in full as specified in the Order Form. o The fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and Subscriber will be responsible for payment of all such taxes (other than taxes based on Company’s income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees, the delivery of the Services, or the license of the Software to Subscriber. Subscriber shall indemnify and defend Company in connection with any proceedings brought by any taxing authorities in connection with this Agreement. o Subscriber shall reimburse Company for all costs, pre-approved by Subscriber, including Company’s reasonable out-of-pocket (including travel and living) expenses incurred in performing its obligations hereunder. All costs and expenses incurred by Subscriber in connection herewith are the sole responsibility of Subscriber. o Interest. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. Subscriber will permit Company or its representatives to review Subscriber’s relevant records and inspect Subscriber’s facilities to ensure compliance with this Agreement. o Company will give Subscriber at least ten (10) days advance notice of any such inspection and will conduct the same during normal business hours in a manner that does not unreasonably interfere with Subscriber’s normal operations. If any such audit should disclose any underpayment of fees, Subscriber shall promptly pay Company such underpaid amount, together with interest thereon at the rate specified in this section. If the amount...
Fees and Expenses Payments. Customer agrees to pay the Fees (if any) charged to Customer’s account each month. Customer may elect to use a “Free” plan, under which the number of API calls in the DeviceSHIELD Solution is restricted. In the event Customer and its Authorized Users desire to exceed the threshold for API calls allowable under the “Free” plan, Customer may elect to convert to the “Pro” plan. If Customer converts to the “Pro” plan, SHIELD shall commence charging Customer a monthly subscription fee for the remainder of the Term, and the number of API calls that Customer and its Authorized Users make during any given month using the API will be charged at prevailing plan rates. All Fees are billed at the end of the month due and payable within thirty (30) days of the date of the invoice. SHIELD reserves the right to modify the Fees payable hereunder upon written notice to Customer at least thirty (30) days prior to the end of the then-current term. SHIELD reserves the right (in addition to any other rights or remedies SHIELD may have) to discontinue the DeviceSHIELD Solution or API and suspend all Authorized Users’ and Customer’s access to the Services if any Fees are more than thirty (30) days overdue until such amounts are paid in full. Customer will maintain complete, accurate and up-to-date Customer billing and contact information at all times. The Fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and Customer will be responsible for payment of all such taxes (other than taxes based on SHIELD’s income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees, the provision of the Services, or the license of the DeviceSHIELD Solution to Customer.
Fees and Expenses Payments
