Fees, Invoices and Payments. 16.1 The Customer must pay the Licence Fees, SaaS Subscription Fees, Enterprise Licence Fees, Service Fees and any other Pentana Solutions invoices at the rate and in the manner specified in the SLA or Order Form. If no invoice period has been specifically agreed, invoices shall be paid within thirty (30) days from the date of invoice.
16.2 Irrespective of the payment terms specified in any SLA or Order Form, the Customer must pay to Pentana Solutions;
(a) A deposit of 10% upon signing of this Agreement;
(b) Amounts invoiced for any hardware, 3rd party software, licences or services purchased by Pentana Solutions pursuant to this Agreement, when the said hardware, 3rd party software, licences or services arrive at Pentana Solutions;
(c) All amounts relating to hardware and/or software maintenance, Licence Fees and any other recurring fee, seven (7) days from receipt of invoice;
(d) An annual price increase applied to all recurring fees to the same extent as the increase in Pentana Solution’s general cost level, provided that such adjustments are notified to the Customer in writing four weeks in advance.
16.3 Unless specifically excluded in an attached Appendix or SLA or Order Form, Travel Expenses will be payable in addition to this Agreement;
16.4 Pentana Solutions reserves the right to vary the Licence Fee, SaaS Subscription Fees and Enterprise Licence Fees and any other Service Fees with 30 days written notice.
16.5 If the Customer disputes the whole or any portion of the amount claimed in an invoice submitted by Pentana Solutions, the Customer must still pay the entire invoice when due, but the amount disputed will be treated as a dispute and escalated in accordance with the Escalation Request provisions set out in the SLA, Order Form or the dispute resolution provisions in clause 31.
16.6 Notwithstanding the aforesaid, and without prejudice to the payment due, the Customer shall be entitled to withhold payment in the event that Pentana Solutions delivers a Product or Service which the Customer can prove deviates substantially and materially from what may be expected from a product or service with similar functionalities and technicality as the Product or Service in question, as evident to Pentana Solutions, provided that the Customer immediately upon detection of the deviation gives Pentana Solutions notice of such deviation in writing specifying Pentana Solution’s deviation. The payment withheld shall be proportionate to the deviation.The Customer mu...
Fees, Invoices and Payments. 14.1. The University undertakes to pay the Service Provider the Contract Fees in accordance with the Pricing Schedule attached hereto. The service provider will be paid on fixed price. This means that the two parties will enter into contract whereby payments are based on the agreed monthly price .
14.2. Subject to any modifications in respect of the Services and the attendant impact on the Contract Fees payable, the Service Provider shall not invoice the University for fees in excess of that specified in specification
14.3. The University shall be entitled to deduct any monies that are required to be deducted in accordance with South African legislation from the Service Provider’s fees before paying over the balance to the Service Provider.
14.4. The Service Provider shall be responsible for its own arrangements with regard to income tax or any other tax obligations, such as may be applicable. The Service Provider will be required to supply the University with a VAT Registration Number (if applicable) as well as a tax directive from the South African Revenue Service (“SARS”). The Service Provider hereby indemnifies the University against any liability that the University may incur as a result of the provisions contained in this Agreement. For the purposes of this Agreement, the term ‘tax” will include SITE, PAYE and any other form of tax, including interests and penalties.
14.5. The Service Provider shall submit an invoice on or before the 5th (fifth) calendar day of the month following the month during which Services were rendered and to which such invoice applies. Payment shall be affected in accordance with the standard University payment terms.
14.6. The Service Provider undertakes to submit at all times any and all proof and information that may reasonably required by the University. Failure to supply such proof or information or the insufficient or incomplete information will lead to the University not being liable for the late or non-payment of fees.
14.7 Any payments made by the University to the Service Provider in terms of this Agreement will be made electronically to a valid bank account nominated by the Service Provider.
14.8 No claims for any additional payments will be considered or made by the University to the Service Provider if it is not agreed upon in writing between the parties.
14.9 To the extent that the University disputes the correctness, nature, extent or method of calculation of any fees or expenses payable under this Agreement, i...
Fees, Invoices and Payments. 4.1 Terminal Services Fee; Included Services. The fee for Terminal Services shall be invoiced at $14.00 per metric ton of Customer’s Biomass that is received by Owner at the Delivery Point (such fee, as escalated in accordance with Section 4.2(b), the “Terminal Services Fee”). Each of Owner and Customer hereby acknowledges and agrees that, except as expressly set forth in this Section 4.1, the Terminal Services Fee constitutes payment for all Terminal Services. Notwithstanding the foregoing, Customer or its Agents, as applicable, shall be obligated to pay all additional dockage and security fees imposed by the Port Authority in connection with the use of the Terminal or the Berth by any Vessel, as the same are incurred by Customer or its Agents, as applicable. The Terminal and the Berth are within the jurisdiction of the Port Authority. Customer and its Vessels may be subject to the applicable rules and fees issued by the Port Authority, including any of its tariffs, as same may be amended or revised from time to time. Accordingly, Customer and its Vessel are subject to any such applicable rules issued and fees required by the Port Authority, independent and apart from, and in addition to, Customer’s obligations to Owner under this Agreement.
4.2 Payment of Terminal Services Fee; Escalation.
(a) Customer agrees to utilize, or pay for, the Terminal Services as contemplated by this Agreement as outlined in this Section 4.2.
(b) The Terminal Services Fee will automatically adjust annually, beginning on January 1, 2015, and on January 1 of each year thereafter, to reflect the rate of increase, if any, in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), all items, U.S. city average, as published by the Bureau of Labor Statistics (the “Index”), and the Terminal Services Fee as adjusted shall be effective for the subsequent twelve (12) month period. For purposes of such adjustments, the “Base Index” shall be the Index for the month immediately preceding the month in which the Effective Date occurs and the “Current Index” shall be the Index for the last month of the prior Contract Year. The percentage change from the Base Index to the Current Index will be calculated to the third decimal place and applied to the Terminal Services Fee to determine the change to the Terminal Services Fee in accordance with the following formula; provided, that in no event shall the operation of this Section 4.2(b) result in a reduction in any charges applicable du...
Fees, Invoices and Payments. 6 4.1 Terminal Services Fee; Included Services 6 4.2 Payment of Terminal Services Fee; Escalation 7
Fees, Invoices and Payments
