Fees Payments. 6.1 Customer agrees to pay for all Products or services ordered in the Quote. The services shall be invoiced to Customer annually in advance unless otherwise agreed in the Quote. All fees due under this Agreement are non-cancellable and the sums paid are non-refundable. All amounts invoiced hereunder are due and payable within 30 days of the date of the invoice. 6.2 Customer is responsible to pay for any sales, value-added or other similar taxes imposed by applicable law that ActiveState must pay based on the services ordered, except for taxes based on ActiveState’s income. Fees for services listed on the Quote are exclusive of taxes and expenses. All fees are exclusive of all goods and services tax (GST), foreign export duties, withholding taxes, or any other similar taxes, however designated or levied against the sale, and/or use of the services. Customer will pay any such tax ActiveState may be required to collect or pay. ActiveState reserves the right to increase fees upon the anniversary of this Agreement, with thirty (30) calendar days’ prior written notice to Customer. 6.3 Customer shall pay ActiveState interest at a rate of one and a half percent (1.5%) per month on the balance remaining unpaid, beyond the payment due date. Any expenses associated with collections on past due invoices will be paid by Customer. 6.4 Disputes for invoiced items must be received by ActiveState in writing explaining the reason for dispute along with the supporting documentation supporting the claim within ten (10) business days of Customer’s receipt of invoice. Payment for the total amount of invoice, excluding the item(s) in any written dispute notice, shall be due pursuant to the invoice terms. ActiveState will use its reasonable efforts to respond to any disputed item within ten (10) business days of receipt of notice of the written dispute. Once any dispute is resolved, invoice shall be paid within ten (10) days. 6.5 The Customer agrees to pay ActiveState for any continued and unauthorized use of the ActiveState Platform and or Concurrent Runtime Subscriptions over the authorized usage cap stated herein, during the Initial Term, Renewal Term, or after termination. The Customer will pay for usage based on the current applicable usage rates. Unauthorized use identified by ActiveState as continued use of the Service after it has been terminated, shall imply a request from the Customer to automatically renew the Quote under which the Service was last provided, in accordance with section 5.1. for an additional Renewal Term, and the Customer will be bound by the terms and conditions stated herein.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Fees Payments. 6.1 7.1 Customer agrees to pay for all Products or services ordered in the Quote. The services shall be invoiced to Customer annually in advance unless otherwise agreed in the Quote. All fees due under this Agreement are non-cancellable and the sums paid are non-refundable. All amounts invoiced hereunder are due and payable within 30 days of the date of the invoice.
6.2 7.2 Customer is responsible to pay for any sales, value-added or other similar taxes imposed by applicable law that ActiveState must pay based on the services ordered, except for taxes based on ActiveState’s income. Fees for services listed on the Quote are exclusive of taxes and expenses. All fees are exclusive of all goods and services tax (GST), foreign export duties, withholding taxes, or any other similar taxes, however designated or levied against the sale, and/or use of the services. Customer will pay any such tax ActiveState may be required to collect or pay. ActiveState reserves the right to increase fees upon the anniversary of this Agreement, with thirty (30) calendar days’ prior written notice to Customer.
6.3 7.3 Customer shall pay ActiveState interest at a rate of one and a half percent (1.5%) per month on the balance remaining unpaid, beyond the payment due date. Any expenses associated with collections on past due invoices will be paid by Customer.
6.4 7.4 Disputes for invoiced items must be received by ActiveState in writing explaining the reason for dispute along with the supporting documentation supporting the claim within ten (10) business days of Customer’s receipt of invoice. Payment for the total amount of invoice, excluding the item(s) in any written dispute notice, shall be due pursuant to the invoice terms. ActiveState will use its reasonable efforts to respond to any disputed item within ten (10) business days of receipt of notice of the written dispute. Once any dispute is resolved, invoice shall be paid within ten (10) days.
6.5 7.5 The Customer agrees to pay ActiveState for any continued and unauthorized use of the ActiveState Platform and or Concurrent Runtime Subscriptions over the authorized usage cap stated herein, during the Initial Term, Renewal Term, or after terminationtermination or expiration of this Agreement. The Customer will pay for usage based on the current applicable usage rates. Unauthorized use identified by ActiveState as continued use of the Service after it has been terminated, shall imply a request from the Customer to automatically renew the Quote under which the Service was last provided, in accordance with section 5.1Section 6.1. for an additional Renewal Term, and the Customer will be bound by the terms and conditions stated herein.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service