Common use of Fees and Payment Terms Clause in Contracts

Fees and Payment Terms. 5.1 You shall pay fees as set out against your subscription type in Schedule 2 to this Agreement to DataPost for the supply of the Services to you, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost shall be entitled to vary the Fees at any time during the term of this Agreement by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronically, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoice. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, including but not limited to any late payment of all or any part of the Fees, then without limiting any other remedies that DataPost shall be entitled to under the terms of this Agreement or at law, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. DataPost reserves the rights to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreement.

Appears in 2 contracts

Samples: Services Level Agreement, Services Level Agreement

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Fees and Payment Terms. 5.1 You shall pay fees as set out against your subscription type in Schedule 2 to this Agreement to DataPost for the supply of the Services to you, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost Services shall be entitled to vary set out in the Fees at any time during the term of this Agreement by providing you with one month's notice ASA. Unless otherwise agreed in writing. 5.4 DataPost shall render its invoices to you electronically, to Fees will be in the e-mail address provided currency specified by you on Supplier in the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for ASA. For the avoidance of doubt, this comprises Recurring the cost of repairs, supplies (incl. spare parts) and associated/additional services (which are out of scope) rendered on board the Vessel(s) with regard to the Equipment is not covered by the Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which and shall be paid upfront by the Customer separately subject to a separate invoice (and prior separate terms) issued by the Supplier. The Supplier’s Service Engineer Travel & Expense information is set out in Wartsila’s Home Ports list (which is available upon request). The Customer is advised to check this to avoid any unexpected costs associated with the provision Supplier’s Service Engineer’s travel and expenses. (b) Customer shall pay Supplier for Services in accordance with Fees and payment terms stated in the ASA. If such terms include any advance payments, Supplier shall not be obliged to commence delivery of Services until the Services: on the first Business Day of each calendar year; andadvance (c) in respect If Customer requests any changes to the scope or Specification of the Transaction FeesServices, within one week from Supplier reserves the start of each calendar month right to amend the Fees and payment terms for all sums incurred under this Agreement the Services and shall not be obliged to implement any such changes to the Services until the changes and such amended fees and payment terms have been agreed in writing between the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer Parties. (d) Supplier may, after giving reasonable advance notification to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you Customer: (i) vary the Fee(s) quoted for the Services from time to time. Details , but not more than once per calendar year and subject to a maximum increase of DataPost5% per year and (ii) if Supplier’s bank account will be set out suppliers of products and services used in the invoiceServices increase their fees or change the terms relating thereto, pass such increase or changes on to Customer. 5.5 In (e) Unless otherwise stated all Fees are quoted excluding taxes, levies, duties or similar governmental assessments of any nature including without limitation value added, sales, use or withholding taxes, assessable by any jurisdiction, which are payable by Customer. (f) Customer shall pay all amounts due under the event you fail ASA in full without any set-off, counterclaim, deduction or withholding except as required by law. Supplier shall have the right at its sole discretion to make reduce any payment outstanding Customer indebtedness which is due and payable to DataPost under this Agreement by the due date for payment, including but not limited to any late payment of all Supplier or any part of the Feesoutstanding Supplier indebtedness which is due and payable to Customer by offsetting such indebtedness against any sums due and payable to Customer or to Supplier, then without limiting any other remedies that DataPost shall as may be entitled to under the terms of this Agreement or at law, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. DataPost reserves the rights to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreementapplicable.

Appears in 2 contracts

Samples: Annual Support Agreement, Annual Support Agreement

Fees and Payment Terms. 5.1 You (i) In consideration for the Services provided by the Service Provider under this Agreement, The Client shall pay fees Service Provider the service fee as set out against your subscription type detailed in Schedule 2 to this Agreement to DataPost for the supply of the Services to youAnnexure II hereto (“Service Fees”), which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Feesbe inclusive of all applicable statutory payments, (collectivelytaxes, the "Fees"). 5.2 duties etc. Either present or future. The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost Client shall be entitled to vary withhold or deduct any taxes in accordance with Applicable Laws, if any. (ii) Service Provider shall raise an invoice on the Fees at any time Client by the 7th day of the current month for the confirmed and duly acknowledged Delivery Services rendered during the term previous month and the Client shall pay the same within 14 days of this Agreement by providing you with one month's notice in writingreceipt of invoice. 5.4 DataPost (iii) The Client shall render its invoices to you electronicallypay the invoice value, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect favour of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubtService Provider, this comprises Recurring Fees for Services starting within 14 days from the date of this Agreement receipt of invoice, every month. (iv) The Client shall not withhold the payment of Service Fee for any reason whatsoever including dispute with regard to the Delivery Services. The Parties agree that, in the event of any delay in the payment of Service Fees, Service Provider shall levy interest at the earlier of: rate of 18% per annum or part thereof. Disputes are subjected to the acceptance of Service provider post submitting the actual proof of claimed value. Discrepancy can be raised within 3 days of receiving the invoice copy (ASoft or hard whichever is received Earlier) (v) 3 months from the date of For all payments made by either Party under this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which following clauses on Taxes shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; andapplicable: (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred a. All amounts due under this Agreement in the preceding calendar monthexclude any applicable indirect taxes including Central Goods and Services Tax, State Goods and Services Tax, Integrated Goods and Services Tax. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoice. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, Such amounts (including but not limited to any late payment of all service fee, damages, interest payments on overdue amounts) shall be charged additionally to The Client and The Client shall be required to pay such amounts. b. It is hereby clarified that the Service Provider has the right to raise an invoice from a single state or any part from multiple states where it is registered under the Goods and Services Tax Act. Further, unless otherwise agreed in writing, the invoices to the Client shall be issued to the registered address of the FeesClient as specified in this Agreement. The Client shall be required to communicate any discrepancies in respect of the invoices (with respect to price or quantum of services) within 72 hrs days, then without limiting beyond which, if any other remedies that DataPost discrepancy is noticed, Service Provider shall not be required to pass over the benefit of any credit or benefit related to such discrepancy. The Client shall be required to make the payments within 14 days from the date of issuance of the invoice. Service Provider shall be entitled to under charge the terms of this Agreement or at law, you shall pay Client interest on overdue amounts, from the overdue amount due date up to the date of actual payment, at the rate of 218% per month. Such interest shall accrue on a daily basis from annum or part thereof as described in Clause 6(iv) c. It is further clarified that in the event that any party incurs any loss of credit, or any penalties or other regulatory liabilities, due date until actual to any act or omission of the other party (including but not limited to providing incomplete details in the invoice, delay in payment of Service Fee beyond the overdue amountstipulated time period, whether before all such losses and interest thereon would be paid by the defaulting party and non-defaulting party shall not be liable for the same. d. Each party shall be required to indemnify and hold harmless the other party, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives from any losses, claims, demands, liabilities, suits, proceedings, penalties, costs or after judgment. DataPost reserves the rights to further charge you for expenses of any costs kind (including, attorneys’ fees and expenses incurred in handling and collecting any outstanding amounts under this Agreementexpenses) on account of violation of applicable indirect tax laws.

Appears in 1 contract

Samples: Merchant Agreement

Fees and Payment Terms. 5.1 You Customer shall pay Covad the One-time monthly fees as set out against your subscription type and other fees shown in Schedule 2 to this Agreement to DataPost for the supply of the Services to you, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if anyPricing Schedule(s) for the time being prescribed by lawsetup, operation and providing of Services, Customer Circuits, and End User Circuits. You shall, on receipt of a valid tax invoice from DataPost, pay The fees billed to DataPost Customer for Services shall not change during the Initial Term (as defined below); thereafter. Covad shall be free to change any additional amounts in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost fees upon notice to Customer. Covad shall be entitled invoice Customer once a month, Covad's invoices shall xxxx Customer for Services one month in advance. For new End Users, setup during a month, Covad's invoice will reflect all One-time Fees, prorated monthly fees for such month and the advance monthly fees. Customer shall pay all invoiced fees no later than thirty days from invoice date. Late payments will accrue interest at a rate of one and one-half percent (1 1/2%) per month, or the highest rate allowed by applicable law, whichever s lower, and Customer shall pay all collection costs incurred by Covad (including, without limitation, reasonable attorney's fees). In certain situations, Covad may require Customer to vary the Fees at deposit funds with Covad to secure payment of fees owed by Customer hereunder. Such deposited funds shall not bear interest If Customer has a bone Fide dispute with any time during the term of this Agreement by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronically, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and amounts on an invoice (b"Disputed Amounts"), Customer must pay all amounts not in dispute as set forth above. and provide Covad with a written request for billing adjustment together with all supporting documentation within sixty (60) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting days from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, invoice or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which customers' fight to billing adjustment shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar monthwaived. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoice. 5.5 In the event you fail to make any payment due to DataPost under this Agreement of a billing dispute the parties shall promptly resolve the dispute by the due date for payment, including but not limited to any late payment of all mutual agreement or any part of the Fees, then without limiting any other remedies that DataPost by arbitration. Unless otherwise specified by Covad air payments shall be entitled made to under the terms of this Agreement or at lawCovad Communications Company and mailed to Accounts TERMS AND CONDITIONS Receivable Dept., you Covad Communications Company, 0000 Xxxxxxx Xxxxxxxxxx, Xxxxx Xxxxx, XX 00000. Customer shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amountbe responsible for all applicable Federal, whether before or after judgment. DataPost reserves the rights to further charge you for any costs state, and expenses incurred in handling local mandated surcharges, fees, user's fees, universal service contributions and collecting any outstanding amounts taxes applicable under this Agreement.

Appears in 1 contract

Samples: Services Agreement (Fastnet Corp)

Fees and Payment Terms. 5.1 You shall pay fees as set out against your subscription type in Schedule 2 to SCM’s annual fee for the services provided under this Agreement to DataPost (“Management Fee”) shall be a percentage of the market value of the Assets under SCM’s management in accordance with the fee schedule attached hereto as Exhibit B. The Management Fee shall be prorated and paid quarterly, in advance, based upon the market value of the Assets on the last day of the previous quarter as valued by the Custodian. The Management Fee for the supply initial quarter shall be calculated on a pro rata basis commencing on the day the Assets are initially designated to us for management under this Agreement. All Accounts are subject to a minimum portfolio size of $500,000. No portion of the Services Management Fee shall be based on capital gains or capital appreciation of the Assets except as provided herein and provided for under the Investment Advisers Act of 1940, as amended (the “Advisers Act”) and analogous state securities laws. No increase in the Management Fee shall be effective without prior written notification to you, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, Manager. Manager has been given authority from the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) Client to authorize SCM to invoice the Custodian for the time Management Fee (the “Fee Statement”) and direct and authorize the Custodian to deduct the amount stated in the Fee Statement from one or more of the client’s Accounts. SCM will send a Fee Statement to the Manager once the fees have been submitted to the custodian. Manager agrees that in lieu of any fees being prescribed by lawdebited directly from the client’s account, SCM will invoice the Manager directly. You shallManager also directs, on receipt and authorize SCM to instruct the Custodian to send the client a statement, at least quarterly, indicating all amounts disbursed from your Accounts including the Management Fee paid from the particular Account. Manager acknowledges that it is their responsibility to verify the accuracy of the calculation of the Management Fee and that the Custodian will not determine whether the Management Fee is accurate or properly calculated. The client may make additions to and withdrawals from the Account at any time, subject to SCM’s right to terminate an Account that falls below its minimum portfolio size of $500,000. If Assets are deposited to or withdrawn from an Account after the inception of a valid tax invoice from DataPost, pay quarter the Management Fee payable with respect to DataPost any additional amounts in respect of GST as are chargeable the Assets will not be prorated based on the supply number of days remaining in the Services. 5.3 DataPost shall be entitled quarter. Clients may withdraw Assets from the Account after providing SCM with notice. All withdrawals are subject to vary the Fees at any time during the term of this Agreement customary securities settlement procedures. In addition to SCM’s Management Fee, client may also incur certain charges imposed by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronicallyunaffiliated third parties. Such charges may include, to the e-mail address provided but are not limited to, custodial fees, brokerage commissions, transaction fees, charges imposed directly by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees a mutual fund, index fund, or exchange traded fund purchased for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, Account which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement disclosed in the preceding calendar month. You shall pay such Fees in full fund’s prospectus (e.g., fund management fees and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice dateother fund expenses), subject to further arrangements that may be implemented fees imposed by DataPost variable annuity providers and notified to you from time to time. Details of DataPost’s bank account will be set out disclosed in the invoiceannuity contract, certain deferred sales charges, odd-lot differentials, transfer taxes, wire transfer and electronic fund fees, and other fees and taxes on brokerage accounts and securities transactions. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, including but not limited to any late payment of all or any part of the Fees, then without limiting any other remedies that DataPost shall be entitled to under the terms of this Agreement or at law, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. DataPost reserves the rights to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreement.

Appears in 1 contract

Samples: Discretionary Investment Sub Advisory Agreement

Fees and Payment Terms. 5.1 You The Customer shall pay fees as set out against your subscription type the Fees in Schedule 2 accordance with the timeline specified in the relevant Statement of Work or if not so specified, prior to this Agreement to DataPost for the supply delivery of the Services. For the avoidance of doubt, and provided such revision does not affect the Fees of the Services agreed in writing under relevant Statement of Work that has been executed, Sage reserves the right to you, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, adjust its pricing from time to time and is not under the "Fees")obligation to provide the same Services at the same rate set out in any earlier Statement of Work executed between the Parties. 5.2 The Fees are indicated in the relevant Statement of Work shall be exclusive of amounts in respect of goods all taxes and services tax duties (GST), VAT or other applicable sales or other tax applicable (if any) for the time being prescribed by lawwithholding tax). You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost Any taxes payable shall be entitled to vary the Fees at any time during the term of this Agreement by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronically, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoicerelevant tax invoice issued to the Customer and the Customer agrees to pay all applicable taxes at the then prevailing rate. 5.3 All amounts due under this Agreement shall be paid in full without any deduction, set-off, or withholding (other than as required by law) and neither party shall be entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part. If the Customer is required by law to make any withholding or deduction from the Fees, the Customer shall pay the full amount of the Fees to Sage, and Sage shall pay the amount of any such withholding or deduction to the appropriate authority. 5.4 Notwithstanding any other provisions to the contrary, Sage shall be under no obligation to perform the Services and may suspend its performance of the Service if, and for so long as: (a) the Customer fails to pay the Fees or any part of it when the Fees are due in accordance with this Agreement; and (b) the Customer fails to pay any other fees due and payable to Sage under any other agreements entered into between Sage and the Customer (for example, fees owed under any License Agreement). 5.5 In Without prejudice to clause 5.5 above, and any other remedies available to Sage at law or in equity, if the event you fail Customer fails to make pay any payment amount due to DataPost under this Agreement by the due date for paymentset out in the invoice, including but not limited to any late payment of all or any part of the Fees, then without limiting any other remedies that DataPost Sage shall be entitled to under the terms of this Agreement or at law, you shall pay charge interest on the overdue amount at the rate of 2% per month. Such annum above the prevailing Lloyds Bank’s base rate, which interest shall accrue on a daily basis be accrued from the due date until the actual payment date of payment. For the overdue amountavoidance of doubt, whether for so long as the Fees are not paid in full, interest shall continue accruing before or as well as after judgment. DataPost reserves the rights to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreement.

Appears in 1 contract

Samples: Professional Services

Fees and Payment Terms. 5.1 You (i) In consideration for the Services provided by the Service Provider under this Agreement, The Client shall pay fees Service Provider the service fee as set out against your subscription type detailed in Schedule 2 to this Agreement to DataPost for the supply of the Services to youAnnexure II hereto (“Service Fees”), which shall comprise of:be inclusive of all applicable statutory payments, taxes, duties etc. Eitherpresentorfuture. The Clientshallbeentitledtowithholdordeductanytaxes in accordance with Applicable Laws, if any. (aii) Implementation Fees (if applicable);Service Provider shall raise an invoice on the Client by the 7th day of the currentmonth for the confirmed and duly acknowledged Delivery Services rendered during the previous month and the Client shall pay the same within 14 days of receipt of invoice. (biii) Recurring Fees; and (c) Transaction FeesThe Client shall pay the invoice value, (collectively, the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply favour of the Services. 5.3 DataPost shall be entitled to vary the Fees at any time during the term of this Agreement by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronicallyService Provider, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting within 14 days from the date of this Agreement receipt of invoice, every month. (iv) The Client shall not withhold the payment of Service Fee for any reason whatsoever including dispute with regard to the Delivery Services. The Parties agree that, in the event of any delay in the payment of Service Fees, Service Provider shall levy interest at the earlier of: rate of 18% per annum or part thereof. Disputes are subjected to the acceptance of Service provider post submitting the actual proof of claimed value. Discrepancy can be raised within 3 daysofreceivingtheinvoicecopy(Softor hardwhicheverisreceived Earlier) (Av) 3 months from the date of For all payments made by either Party under this Agreement, or the following clauses on Taxes shall beapplicable: a. All amounts due underthis Agreement exclude any applicableindirecttaxes including Central Goods and Services Tax, State Goods and Services Tax, Integrated Goods and Services Tax. Such amounts (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoice. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, including but not limited to any late payment of all service fee, damages, interest payments on overdue amounts) shall be charged additionally to The Client and The Client shall be required to pay such amounts. b. It is hereby clarified that the Service Provider has the right to raise an invoice from a single state or any part from multiple states where it is registered under the Goods and Services Tax Act. Further, unless otherwise agreed in writing, the invoices to the Client shall be issued to the registered address of the FeesClient as specified in this Agreement. The Client shall be required to communicate any discrepancies in respect of the invoices (with respect to price or quantum of services) within 72 hrs days, then without limiting beyond which, if any other remedies that DataPost discrepancy is noticed, Service Provider shall not be required to pass over the benefit of any credit or benefit related to such discrepancy. The Client shall be required to make the payments within 14 days from the date of issuance of the invoice. Service Provider shall be entitled to under charge the terms of this Agreement or at law, you shall pay Client interest on overdue amounts, from the overdue amount due date up to the date of actual payment, at the rate of 218% per month. Such interest shall accrue on a daily basis from annum or part thereof as described in Clause 6(iv) c. It is further clarified that in the due date until actual event that any party incurs any loss of credit, or any penaltiesor otherregulatoryliabilities, duetoany actoromission of theother party (including but not limited to providing incomplete details in the invoice, delay in payment of Service Fee beyond the overdue amountstipulated time period, whether before all such losses and interest thereonwouldbepaidby thedefaultingpartyandnon-defaultingpartyshallnotbe liable for the same. d. Each party shall be required to indemnify and hold harmless the other party, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives from any losses, claims, demands, liabilities, suits, proceedings, penalties, costs or after judgment. DataPost reserves the rights to further charge you for expenses of any costs kind (including, attorneys’ fees and expenses incurred in handling and collecting any outstanding amounts under this Agreementexpenses) on account of violation of applicable indirect tax laws.

Appears in 1 contract

Samples: Merchant Agreement

Fees and Payment Terms. 5.1 You shall pay fees as set out against your subscription type in Schedule 2 to this Agreement to DataPost for In case Customer has ordered the supply of Software through an Online Market Place, the Services to youOrder Form may contain specific payment provisions, which shall comprise of: prevail if and to the extent that they are inconsistent with the below payment terms. The fixed recurring Fees shall be invoiced on a monthly or yearly basis (aas indicated in the Order Form) Implementation as from the Effective Date, either by Tangent Work or by the applicable Online Market Place, as indicated in the Order Form. Any Fees for usage in excess of the applicable package shall be invoiced on a monthly basis. Upon renewal of the Agreement, Tangent Works may increase the applicable Fees. In such case, Tangent Works will notify Customer thereof in advance and the increased fees will apply at the start of the next Renewal Term. If Customer does not agree to this price increase, Customer shall have the right to terminate the Agreement at the end of the then- current Term by giving written notice to Tangent Works. All invoices are payable within thirty (if applicable); 30) calendar days after the invoice date. If a Customer disputes an invoice (b) Recurring Fees; and (c) Transaction Fees, (collectively, the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GSTor any portion thereof), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts Customer must notify Tangent Works in respect of GST as are chargeable on the supply writing of the Services. 5.3 DataPost nature of such dispute within five (5) Business Days after the invoice date, failing which the invoice shall be deemed accepted by Customer. The undisputed portion of the invoice shall be paid as set forth in the Agreement. If Customer fails to pay any outstanding amounts, Tangent Works shall be entitled to vary suspend its obligations and Customer’s rights hereunder until receipt of payment of such outstanding amounts. Payments made by Customer to Tangent Works under the Agreement shall be final and non- refundable. All Fees at any time during payable to Tangent Works under the term Agreement shall be paid without the right to set off or counterclaim and free and clear of this Agreement all deductions or withholdings whatsoever unless the same are required by providing you with one month's law, in which case Customer undertakes to pay Tangent Works such additional amounts as are necessary in order that the net amounts received by Tangent Works after all deductions and withholdings shall not be less than such payments would have been in the absence of such deductions or withholding. Unless specified otherwise in the Order Form, invoices shall be sent electronically to Customer’s e- mail address, set out the Order Form. Any amounts of undisputed invoices that have not been paid within thirty (30) days after the invoice date shall automatically and without notice in writing. 5.4 DataPost be subject to a late payment interest equal to 1,5% per month or the maximum permitted by applicable law, which interest shall render its invoices to you electronically, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect be compounded daily as of the Implementation Fees: immediately upon execution due date until receipt of this Agreement; and (b) in respect full payment by Tangent Works. In addition, Customer shall pay all costs incurred by Tangent Works as a result of the Recurring Fees: (extra)judicial enforcement of Customer’s payment obligation under this clause. The Agreement is entered into for (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be fixed term set out in the invoice. 5.5 In Order Form or (ii) if no term is set out in the event you fail Order Form, for one (1) year (the "Initial Term"). After the Initial Term, the Agreement shall be automatically and tacitly renewed for consecutive periods (i) having the duration set out in the Order Form or, (ii) if such duration is not specified in the Order Form, having the same duration as the Initial Term (each a "Renewal Term"), unless a Party provides a written notice to make any payment due to DataPost under this Agreement by terminate at least one (1) month before the due date for payment, including but not limited to any late payment of all or any part end of the Fees, then without limiting any other remedies that DataPost shall be entitled to under Initial Term or the terms of this Agreement or at law, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. DataPost reserves the rights to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreementthen- running Renewal Term.

Appears in 1 contract

Samples: Terms and Conditions

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Fees and Payment Terms. 5.1 You shall pay fees as set out against your subscription type Unless otherwise agreed in Schedule 2 to this Agreement to DataPost writing, payment for the supply Services we provide shall be in Pounds Sterling in accordance with our published Fee Tariff which may be revised from time to time and forms part and should be read in conjunction with these Terms and Conditions, both of which are available on the EFG Wealth Solutions Website at xxx.xxxxxxxxxxxxxxxx.xxx. We will also be entitled to reimbursement for any expenses or disbursements incurred by us in the provision of such Services. • Invoices raised against any Managed Entity will be on a quarterly basis (unless otherwise agreed in writing) and may include fees in advance for Services. • Settlement of our invoices will be deducted from funds controlled by EFG Wealth Solutions and the Client must ensure that sufficient funds are available, either held by or connected with the Managed Entity, to cover all fees, liabilities, disbursements of the Managed Entity and expenses incurred by us in the provision of Services to you, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by lawManaged Entity and are in accordance with the Administration Agreement which forms part of these Terms and Conditions. You shall, on receipt of a valid tax invoice from DataPost, pay • All fees and expenses are required to DataPost any additional amounts be paid in respect of GST as are chargeable on the supply full within 30 days of the Services. 5.3 DataPost date of invoice. If, for any reason, outstanding fees and expenses are not settled within this time, interest at a rate of 1% per month or part thereof may be charged, compounded annually and we shall be under no obligation to carry out any further work for you on any matter or to pay any sums on your behalf or on behalf of the Managed Entity until all outstanding amounts have been paid. • We shall be entitled to vary the Fees retain at our discretion any time during the term of this Agreement by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronicallybenefit, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) direct or indirect, received in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) commissions, fees or any other remuneration generated both initial and recurring in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubtto a Managed Entity, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoice. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, including but not limited to any late the aforementioned. We may also share fees paid to us with introducers of business. EFG Wealth Solutions may receive commissions as a term of doing business with a third party. • In the event of non-payment of all or any part of the Feesany fees, expenses or disbursements due to us or which EFG Wealth Solutions are liable to pay on your behalf or in respect of which you become liable to us in any other manner, then without limiting EFG Wealth Solutions shall have a lien over, or the rights not to release from our possession or control, all or any documents or assets, including assets held on your behalf or to your order or on behalf of or to the order of any company or other body in common ownership with you or otherwise connected or affiliated to you in any manner, until such time as all such fees, expenses, disbursements or liability due and payable are discharged. For the avoidance of doubt, this lien shall apply to all documents and assets held in relation to the matter in respect of which the fees, expenses, disbursements or liability have been incurred and in relation to any other remedies that DataPost shall matter whatsoever relating to you. Further, if we should cease to act for or in relation to you, a final invoice will be entitled submitted and EFG Wealth Solutions reserves all rights to under exercise the terms of this Agreement or at law, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment right of the overdue amountlien aforesaid over all documents and assets held on your behalf or in relation to you until such time as the final invoice is discharged in full. • Where another party might agree to pay your costs, whether before or after judgment. DataPost reserves where some costs may be recoverable in litigation, or from your insurers, the responsibility to meet EFG Wealth Solutions fees, expenses and disbursements in a timely fashion nevertheless remains yours regardless of any arrangements with, or rights to further charge you for against other parties or any costs court order and expenses incurred in handling and collecting any outstanding amounts under this Agreementanticipated order.

Appears in 1 contract

Samples: Terms and Conditions

Fees and Payment Terms. 5.1 You shall pay fees as set out against your subscription type in Schedule 2 to this Agreement to DataPost for the supply of the Services to you, which shall comprise of: (a) Implementation Fees In consideration for HICAPS providing access to the HICAPS System, the Provider agrees to pay HICAPS the applicable fees notified by HICAPS to the Provider from time to time (if applicable);subject to clause 5(b) below) and comply with its obligations in this Part A. (b) Recurring FeesHICAPS will provide the Provider at least 30 days prior notice of any proposed change to the fees chargeable for access to the HICAPS System. If the Provider continues to use the HICAPS system after the expiry of the 30 day notice period, the new fee(s) will apply from the expiry of the 30 day notice period. If the Provider does not accept the proposed change in fees, the Provider may terminate this Agreement by providing written notice to HICAPS, in which case: i. this Agreement will terminate at the end of the 30 day notice period; (the Provider may nominate a longer termination period, but the new fees will apply after the expiry of the 30 day notice period); ii. the Provider must stop accessing and using the HICAPS System as of the effective date of termination; iii. the Provider must pay all fees applicable to the period prior to the effective date of termination; and iv. HICAPS may deactivate the Provider’s access to the HICAPS System from the effective date of termination. (c) Transaction Fees, (collectively, The Provider is solely responsible for the "Fees")bank account information provided to HICAPS and must promptly inform XXXXXX of any changes thereto. Changes should be communicated to HICAPS by entering the updated information through the relevant HICAPS System or by contacting HICAPS. 5.2 (d) All payments shall be made in Australian dollars. All fees are non-refundable unless otherwise explicitly stated in this Agreement. (e) The Fees are exclusive Provider agrees to obtain its own advice in relation to good and services, sales and other taxes applicable to payments made to the Provider. (f) All payments due to HICAPS shall be made without any deduction or withholding on account of amounts any tax, duty, charge or penalty except as required by law in which case the sum payable by a party in respect of goods which such deduction or withholding is to be made, shall be increased to the extent necessary to ensure that, after making such deduction or withholding, HICAPS receives and services tax retains (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice free from DataPost, pay to DataPost any additional amounts liability in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost shall be entitled to vary the Fees at any time during the term of this Agreement by providing you with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronically, thereof) a net sum equal to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees sum it would have received but for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, such deduction or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoicewithholding being required. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, including but not limited to any late payment of all or any part of the Fees, then without limiting any other remedies that DataPost shall be entitled to under the terms of this Agreement or at law, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. DataPost reserves the rights to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreement.

Appears in 1 contract

Samples: Provider Agreement

Fees and Payment Terms. 5.1 You shall pay fees 8.1 The fees, charges and expenses to be incurred by the Customer will be detailed in the Proposal and/or the Order Form and/or in a Statement of Works. 8.2 All fees, charges and expenses are exclusive of VAT at the applicable rate. 8.3 The Customer authorises the Supplier to deduct relevant payments from the appropriate bank account in accordance with the direct debit rules in force from time to time and the Customer will provide and maintain a signed direct debit mandate to allow the Supplier to do this. 8.4 Unless otherwise stated, the Supplier’s charges do not include hotel accommodation or travel costs for staff which we supply to you which will be charged to you (with the addition of VAT, if appropriate) at cost. 8.5 Save where otherwise stated in the Proposal and/or the Order Form, the Suppliers Charges will be subject to a fixed annual increase applied after the first 12 months of the Initial Term and annually thereafter. The fixed annual increase will be as set out against your subscription type in Schedule 2 the Proposal and/or Order Form. 8.6 The Supplier shall provide an invoice to this Agreement to DataPost the Customer for its charges either on the supply last business day of the Services to yourelevant month, which shall comprise of: (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, where such charges are payable in arrears and/or the "Fees"). 5.2 The Fees are exclusive of amounts in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply first business day of the Services. 5.3 DataPost shall be entitled to vary month, where the Fees at any time during the term of this Agreement by providing you with one month's notice relevant charges are payable in writing. 5.4 DataPost shall render its invoices to you electronically, to the e-mail address provided by you on the Peppol AP Platform at the following times: advance (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront as relevant and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement specified in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account Proposal and/or Order form) SW Terms & Conditions 2022 8.7 The payment terms will be set out in the invoiceProposal and/or Statement of Works. 5.5 In 8.8 Save where otherwise stated in a Proposal or Order Form: 8.8.1 the event you fail Supplier shall invoice the Per Venue Charges to make the Customer annually in advance and any payment due to DataPost under this Agreement such invoice sum shall be the greater of; a) the number of sites that have been operated by the due date for payment, including but not limited to any late payment of all or any part Customer at the start of the Fees, then without limiting any other remedies billing year together with those further sites which the Customer will begin operating during that DataPost billing year multiplied by 52; or b) the Minimum Payment multiplied by 12. 8.8.2 the Supplier shall be entitled to under review the terms number of Venues every three months and if following such review, the Per Venue Charges previously invoiced by the Customer need adjusting to reflect an increase in the number of Venues included in the Per Venue Charges, then the Supplier shall be entitled to submit to the Customer a further balancing invoice for the additional charges incurred in connection with the additional Venues; 8.8.3 upon the anniversary of the Effective Date, the Supplier will review the number of sites operated by the Customer and the next annual invoice for the Per Venue Charges will be calculated using the above method based on the revised number of sites. 8.8.4 the Supplier shall also include within the invoice referred to at clause 8.6.1 (to the extent that it applies) any additional charges incurred by the Customer following the Proposal, including any additional charges incurred in connection with any Additional Modules and/or charges specified in a Statement of Works; 8.8.5 any payments due from the Customer to the Supplier pursuant to this Agreement clause shall be paid by the Customer within 14 days of the end of the month following the month in which any invoice was raised; and 8.8.6 the Supplier shall be entitled to increase the Per Venue Charges at the start of each anniversary of the Initial Term in accordance with clause 8.5. 8.9 All fees, charges or at expenses are payable in full and cleared funds without deduction, set-off or abatement. 8.10 If any payment is not made when due, the Supplier (without prejudice to its other rights hereunder or in law, you shall pay ) may do any or all of: 8.10.1 charge interest on a daily basis on the overdue outstanding amount at the rate of 2% per month. Such interest shall accrue on a daily basis annum from the due date for the invoice until actual payment the outstanding amount is paid; or 8.10.2 if the Customer fails to remedy such breach within thirty (30) days of notice in writing to do so, suspend the provision of the overdue amountServices and/or the Software Products and the licences granted in respect of the same, whether before or after judgmentuntil the default be made good and any timetables for the provision of the Software Products and Services shall be adjusted accordingly. DataPost reserves All fees and charges payable by the rights Customer shall continue to further charge you for be payable by the Customer during any costs and expenses incurred in handling and collecting any outstanding amounts under this Agreement.period of suspension. act;

Appears in 1 contract

Samples: General Terms and Conditions

Fees and Payment Terms. 5.1 You Ready shall pay to TRANSPORT COMPANY such fees as set out against your subscription type in Schedule 2 to this Agreement to DataPost for the supply its performance of the Services as agreed upon by Ready and TRANSPORT COMPANY and confirmed in a written transport order sent by Ready to youTRANSPORT COMPANY or, as mutually agreed by the parties, a supplement or revision thereto. TRANSPORT COMPANY shall sign and return any such transport order to Ready prior to pick-up or, as the case may be, issue such electronic or digital acknowledgment of the transport order; provided, however, that TRANSPORT COMPANY shall be bound by the transport order relating to any shipment TRANSPORT COMPANY accepts regardless of whether TRANSPORT COMPANY signs or returns the transport order. TRANSPORT COMPANY shall xxxx Ready for each shipment no later than twenty-four (24) hours after delivery. Notwithstanding the foregoing, Ready may, in its sole discretion, waive the invoice requirement by developing or otherwise making available to TRANSPORT COMPANY an electronic application to be used to facilitate communication and exchange of documentation related to the Services, which application may be amended or upgraded from time to time (hereinafter, the “Ready Mobile App”). Ready may, in its sole discretion, waive the requirement that TRANSPORT COMPANY invoice Ready with respect to Services provided pursuant to the Ready Mobile App. TRANSPORT COMPANY’s use of any the Ready Mobile App will be subject to the terms and conditions applicable thereto. Ready shall comprise of: employ the method of payment agreed to at shipment dispatch, or, if no such agreement is reached, then via any means acceptable to Ready. Ready shall pay TRANSPORT COMPANY within a reasonable time after confirming that delivery of shipment has occurred and that no damage to the freight has occurred or other claims of loss have occurred during transport. Ready may withhold any amount owed to TRANSPORT COMPANY to protect itself from any actual or reasonably anticipated (a) Implementation Fees (if applicable); (b) Recurring Fees; and (c) Transaction Fees, (collectively, failure by TRANSPORT COMPANY to provide the "Fees"). 5.2 The Fees are exclusive of amounts services in respect of goods and services tax (GST), sales or other tax applicable (if any) for the time being prescribed by law. You shall, on receipt of a valid tax invoice from DataPost, pay to DataPost any additional amounts in respect of GST as are chargeable on the supply of the Services. 5.3 DataPost shall be entitled to vary the Fees at any time during the term of this Agreement by providing you accordance with one month's notice in writing. 5.4 DataPost shall render its invoices to you electronically, to the e-mail address provided by you on the Peppol AP Platform at the following times: (a) in respect of the Implementation Fees: immediately upon execution of this Agreement; and (b) in respect of the Recurring Fees: (i) the fees for the first year (for the avoidance of doubt, this comprises Recurring Fees for Services starting from the date of this Agreement at the earlier of: (A) 3 months from the date of this Agreement, or (B) completion of the Implementation Services; (ii) the fees for subsequent years, which shall be paid upfront and prior to the provision of the Services: on the first Business Day of each calendar year; and (c) in respect of the Transaction Fees, within one week from the start of each calendar month for all sums incurred under this Agreement in the preceding calendar month. You shall pay such Fees in full and in cleared funds via bank transfer to DataPost’s bank account within 15 days from the invoice date, subject to further arrangements that may be implemented by DataPost and notified to you from time to time. Details of DataPost’s bank account will be set out in the invoice. 5.5 In the event you fail to make any payment due to DataPost under this Agreement by the due date for payment, including but not limited to any late payment of all or any part of the Fees, then without limiting any other remedies that DataPost shall be entitled to under the terms of this Agreement or at lawany applicable transport order; (b) claims or potential claims (including, you shall pay interest on but not limited to, cargo loss or damage); or (c) fraud, overbilling or overpayment with respect to the overdue amount at Services. Additionally, in the rate of 2% per month. Such interest shall accrue on event TRANSPORT COMPANY owes any amounts to Ready with respect to a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. DataPost reserves the rights previous shipment (including damages subject to further charge you for any costs and expenses incurred in handling and collecting any outstanding amounts indemnification under this Agreement), Ready may offset such amounts against any fees or other amounts payable to TRANSPORT COMPANY. If Ready remits payment to TRANSPORT COMPANY without receiving an invoice from TRANSPORT COMPANY, TRANSPORT COMPANY acknowledges and agrees that the payment received from Ready is correct unless TRANSPORT COMPANY disputes the amount of such payment within sixty (60) days of issuance. Ready may charge TRANSPORT COMPANY a fee of $25 each time TRANSPORT COMPANY fails to provide Ready with an invoice within ninety (90) days following the pick-up date. Ready shall have no responsibility for payment of invoices for a shipment that was dispatched 180 or more days prior to Ready’s receipt of the invoice. In no event will TRANSPORT COMPANY seek payment of any amounts due or alleged to be due under this Agreement from any third party including, but not limited to, any provider or customer of Ready. TRANSPORT COMPANY shall have no lien on any vehicles or other cargo transported hereunder.

Appears in 1 contract

Samples: Transport Services Agreement

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