Common use of Fees; Payment Terms Clause in Contracts

Fees; Payment Terms. 4.1 Fees for the Services supplied under this Agreement as set out in the Project Order Form will be invoiced to the Client at the end of each month: (a) directly by Energy Action under this Agreement; or (b) (i) by the Data Provider; or (ii) by the Retailer of Choice, where either of those persons under clause 4.1(b) (as applicable), have arranged with and have the consent of Energy Action to issue invoices and collect payments on Energy Action’s behalf. 4.2 The Client consents to the invoicing of the Fees by any of Energy Action, Data Provider or Retailer of Choice under clause 4.1 and agrees to pay those fees (including any GST amount) issued pursuant to: (a) clause 4.1(a), within the time specified in the Project Order Form or (b) clause 4.1(b), within the payment terms of the Data Provider or Retailer of Choice, as applicable. 4.3 Where the Client makes a payment pursuant to clause 4.1(b), that payment will be deemed to have been received by Energy Action at the time that payment is received by the Data Provider or Retailer of Choice, as applicable. 4.4 The parties agree that all Fees, costs and expenses agreed to be paid under this Agreement are expressed exclusive of GST. 4.5 Energy Action may suspend the provision of Services if any invoice remains unpaid by the Client for more than 30 days after the due date for payment of the invoice. 4.6 The Client acknowledges and agrees that: (a) where the Client enters into an Energy Supply Agreement and/or a Renewable Backed Energy Supply Agreement pursuant to this Agreement, the Retailer will: (i) (if the client is a Tariff customer) depending on retailer, jurisdiction, volume and Tariff, pay to Energy Action an amount, (based on a maximum 3 year period) of $200 per supply point (as the case may be), or (ii) (if the client is not a Tariff customer) pay to Energy Action amounts equal to the percentage of fees payable for energy consumed by the Client under the Energy Supply Agreement from time to time as set out in the Project Order Form; and (b) where the Client does not enter into an Energy Services Agreement and/or a Renewable Backed Energy Supply Agreement pursuant to this Agreement and the Client enters into a contract during the Term with any energy retailer for supply of energy, the Client must pay to Energy Action an amount equal to the amount determined in accordance with the formula set out below within fourteen (14) days of the date the Client enters into a contract for supply of energy with any energy retailer: Amount = M x N x P where: M = average annualised monthly energy spend for the relevant site in the year prior to the date of this Agreement; N = the number of months in the term of a contract with any energy retailer for supply of energy; and P = the percentage amount set out in the Project Order Form. (c) If the Client is in default of payment under clause 4.6 (b), the Client agrees to pay all reasonable costs including but not limited to legal costs and disbursements, service and accounting fees, collection charges, commissions, mercantile costs and any other administration fees and charges that may be incurred by Energy Action in relation to recovery of monies due. (d) In this clause 4.6 Tariff means the pricing structure a retailer charges a customer for energy consumption and may comprise a fixed charge and variable charge. Tariffs vary depending on your energy distributor. 4.7 Each party acknowledges that the payment obligations in clause 4.6 are reasonable and a genuine pre- estimation of loss, considering the anticipated harm and the difficulty of calculating actual damages. The Client waives the right to contest those payments as an unreasonable penalty.

Fees; Payment Terms. 4.1 Fees for the Services supplied under this Agreement as set out in the Project Order Form will be invoiced to the Client at the end of each month: (a) directly by Energy Action under this Agreement; or (b) (i) by the Data Provider; or (ii) by the Retailer of Choice, where either of those persons under clause 4.1(b) (as applicable), have arranged with and have the consent of Energy Action to issue invoices and collect payments on Energy Action’s behalf. 4.2 The Client consents to the invoicing of the Fees by any of Energy Action, Data Provider or Retailer of Choice under clause 4.1 and agrees to pay those fees (including any GST amount) issued pursuant to: (a) clause 4.1(a), within the time specified in the Project Order Form or (b) clause 4.1(b), within the payment terms of the Data Provider or Retailer of Choice, as applicable. 4.3 Where the Client makes a payment pursuant to clause 4.1(b), that payment will be deemed to have been received by Energy Action at the time that payment is received by the Data Provider or Retailer of Choice, as applicable. 4.4 The parties agree that all Fees, costs and expenses agreed to be paid under this Agreement are expressed exclusive of GST. 4.5 Energy Action may suspend the provision of Services if any invoice remains unpaid by the Client for more than 30 days after the due date for payment of the invoice. 4.6 The Client acknowledges and agrees that: (a) where the Client enters into an Energy Supply Agreement and/or a Renewable Backed Energy Supply Agreement pursuant to this Agreement, the Retailer will: (i) (if the client is a Tariff customer) depending on retailer, jurisdiction, volume and Tariff, pay to Energy Action an amount, (based on a maximum 3 year period) of $200 per supply point (as the case may be), or (ii) (if the client is not a Tariff customer) pay to Energy Action amounts equal to the percentage of fees payable for energy consumed by the Client under the Energy Supply Agreement from time to time as set out in the Project Order Form; and (b) where the Client does not enter into an Energy Services Agreement and/or a Renewable Backed Energy Supply Agreement pursuant to this Agreement and the Client enters into a contract during the Term with any energy retailer for supply of energy, the Client must pay to Energy Action an amount equal to the amount determined in accordance with the formula set out below within fourteen (14) days of the date the Client enters into a contract for supply of energy with any energy retailer: Amount = M x N x P where: where:‌ M = average annualised monthly energy spend for the relevant site in the year prior to the date of this Agreement; N = the number of months in the term of a contract with any energy retailer for supply of energy; and P = the percentage amount set out in the Project Order Form. (c) If the Client is in default of payment under clause 4.6 (b), the Client agrees to pay all reasonable costs including but not limited to legal costs and disbursements, service and accounting fees, collection charges, commissions, mercantile costs and any other administration fees and charges that may be incurred by Energy Action in relation to recovery of monies due. (d) In this clause 4.6 Tariff means the pricing structure a retailer charges a customer for energy consumption and may comprise a fixed charge and variable charge. Tariffs vary depending on your energy distributor. 4.7 Each party acknowledges that the payment obligations in clause 4.6 are reasonable and a genuine pre- estimation of loss, considering the anticipated harm and the difficulty of calculating actual damages. The Client waives the right to contest those payments as an unreasonable penalty.

Fees; Payment Terms. 4.1 Fees for the Services supplied under this Agreement as set out in the Project Order Form will be invoiced to the Client at the end of each month: (a) directly by Energy Action under this Agreement; or (b) (i) by the Data Provider; or (ii) by the Retailer of Choice, where either of those persons under clause 4.1(b) (as applicable), have arranged with and have the consent of Energy Action to issue invoices and collect payments on Energy Action’s behalf. 4.2 The Client consents to the invoicing of the Fees by any of Energy Action, Data Provider or Retailer of Choice under clause 4.1 and agrees to pay those fees (including any GST amount) issued pursuant to: (a) clause 4.1(a), within the time specified in the Project Order Form or (b) clause 4.1(b), within the payment terms of the Data Provider or Retailer of Choice, as applicable. 4.3 Where the Client makes a payment pursuant to clause 4.1(b), that payment will be deemed to have been received by Energy Action at the time that payment is received by the Data Provider or Retailer of Choice, as applicable. 4.4 The parties agree that all Fees, costs and expenses agreed to be paid under this Agreement are expressed exclusive of GST. 4.5 Energy Action may suspend the provision of Services if any invoice remains unpaid by the Client for more than 30 days after the due date for payment of the invoice. 4.6 The Client acknowledges and agrees that: (a) where the Client enters into an Energy Supply Agreement and/or a Renewable Backed Energy Supply Agreement, a GreenPower Agreement or a Voluntary Certificate Management Agreement pursuant to this Agreement, the Retailer will: (i) (if the client is a Tariff customer) depending on retailer, jurisdiction, volume and Tariff, pay to Energy Action an amount, (based on a maximum 3 year period) of $200 per supply point (as the case may be), or (ii) (if the client is not a Tariff customer) pay to Energy Action amounts equal to the percentage of fees payable for energy consumed by the Client under the Energy Supply Agreement from time to time as set out in the Project Order Form; and (b) where the Client does not enter into an Energy Services Agreement and/or a Renewable Backed Energy Supply Agreement, a GreenPower Agreement or a Voluntary Certificate Management Agreement pursuant to this Agreement and the Client enters into a contract during the Term with any energy retailer for supply of energy, the Client must pay to Energy Action an amount equal to the amount determined in accordance with the formula set out below in (I), (ii) and (iii) within fourteen (14) days of the date the Client enters into a contract for supply of energy with any energy retailer: C&I Electricity and/or Gas Amount = M x N x P where: where:‌ M = average annualised monthly energy spend for the relevant site in the year prior to the date of this Agreement; N = the number of months in the term of a contract with any energy retailer for supply of energy; and P = the percentage or monetary amount set out in the Project Order Form or; (i) SME Amount = M x N x S where: M = average annualised monthly energy spend for the relevant site in the year prior to the date of this Agreement; N = the number of months in the term of a contract with any energy retailer for supply of energy; and S = the amount set out in the Order Form. (ii) Agreed Amount = A where: A = the amount set out in the Order Form (c) If the Client is in default of payment under clause 4.6 (b), the Client agrees to pay all reasonable costs including but not limited to legal costs and disbursements, service and accounting fees, collection charges, commissions, mercantile costs and any other administration fees and charges that may be incurred by Energy Action in relation to recovery of monies due. (d) In this clause 4.6 Tariff means the pricing structure a retailer charges a customer for energy consumption and may comprise a fixed charge and variable charge. Tariffs vary depending on your energy distributor. 4.7 Each party acknowledges that the payment obligations in clause 4.6 are reasonable and a genuine pre- estimation of loss, considering the anticipated harm and the difficulty of calculating actual damages. The Client waives the right to contest those payments as an unreasonable penalty.