Financial Conditions. 5.1 Upon signing the Contract, the Customer is obliged to pay the total setup fee amount and full amount of the Annual Subscription Fee (as defined below) for the first year. Then on each anniversary date Customer shall pay the full amount of the Annual Subscription Fee for the subsequent years as specified in the 2. ANNUAL BILLING article of the purchase order. Prices are firm and non-refundable. The prices are fixed in USD and are exclusive of applicable taxes, which remain at the Customer's expense. The Customer irrevocably undertakes to pay in accordance with the payment terms defined in the purchase order: ● a flat fee corresponding to the cost of iteration of the parameterization of the Application Service (the "Setup fee"); ● an annual fee established based on the number of Users authorized to subscribe for the Solution, the Application Service and the Services (the "Annual Subscription Fee"); ● any expenses corresponding to additional services, such as training, technical assistance, travel expenses invoiced monthly and/or services not included in the subscription of the Solution, ordered by the Customer according to the terms of the purchase order or any subsequent order form. The subscription of licenses for additional Authorized Users during the Contract is carried out at the list price in force on the date of subscription. The Annual Subscription Fee per Additional Authorized User will be billed pro rata temporis for the current year. In the event of early termination of the Contract by the Customer, the full annual subscription fee for the period remaining until the end of the Initial Term or Additional Term becomes immediately due and payable to the Service Provider. 5.2 The Customer acknowledges and agrees that the Service Provider reserves the right to revise the amount of the Annual Subscription Fee and any other charges applicable prior to each renewal of the Contract[Option A: on the basis of the increase in the Syntec Index according to the following formula: P1 = P0 x (S1 / S0) where P0 denotes the price in effect on the revision date; P1 denotes the revised price; S0 denotes the value of the Syntec index published on the date of the previous price revision or the first price revision on the Effective Date; and S1 denotes the value of the Syntec index on the date of the price revision][Option B: up to ten percent (10%) of the current price]. 5.3 Amounts due under the Contract shall be invoiced in arrears. The payment term is set at thirty (30) days from the date of issue of the invoice by the Service Provider. Any sum not paid by the customer within the period shall automatically and without prior formalities entail the payment of penalties for delay corresponding to [Option A: three times the French legal interest rate in force] [Option B: the interest rate applied by the Central Bank to its most recent refinancing operation plus ten (10) percentage points, from the due date until full payment of the amounts due. In addition, in accordance with Article L 441-6 of the French Commercial Code, the customer may be required by operation of law to pay a lump-sum indemnity for recovery costs of forty (40) euros, which may be increased by the amount of the sums expended by the Provider for recovery upon presentation of supporting documents. 5.4 Notwithstanding the provisions of Article 5.3 above, in the event of late payment by the customer, the Provider reserves the right (i) to suspend immediately, ipso jure and without prior notice of default, access to and use of the Solution and Application Service and/or (ii) to terminate the Contract by operation of law fifteen (15) days after the Service Provider has sent a formal notice by registered letter with acknowledgement of receipt instructing the Customer to pay all sums due but not yet paid. 5.5 For all written correspondence related to the Contract or billing, the Customer shall contact : xxxxxxxxxx@xxxxxxxxxx.xxx
Appears in 2 contracts
Samples: Saas Service Terms & Conditions, Saas Service Terms & Conditions
Financial Conditions. 5.1 Upon signing the Contract, the Customer is obliged to pay the total setup fee amount and full amount of the Annual Subscription Fee (as defined below) for the first year. Then on each anniversary date Customer shall pay the full amount of the Annual Subscription Fee for the subsequent years as specified in the 2. ANNUAL BILLING article of the purchase order. Prices are firm and non-refundable. The prices are fixed in USD and are exclusive of applicable taxes, which remain at the Customer's expense. The Customer irrevocably undertakes to pay in accordance with the payment terms defined in the purchase order: ● a flat fee corresponding to the cost of iteration of the parameterization of the Application Service (the "Setup fee"); ● an annual fee established based on the number of Users authorized to subscribe for the Solution, the Application Service and the Services (the "Annual Subscription Fee"); ● any expenses corresponding to additional services, such as training, technical assistance, travel expenses invoiced monthly and/or services not included in the subscription of the Solution, ordered by the Customer according to the terms of the purchase order or any subsequent order form. The subscription of licenses for additional Authorized Users during the Contract is carried out at the list price in force on the date of subscription. The Annual Subscription Fee per Additional Authorized User will be billed pro rata temporis for the current year. In the event of early termination of the Contract by the Customer, the full annual subscription fee for the period remaining until the end of the Initial Term or Additional Term becomes immediately due and payable to the Service Provider.
5.2 The Customer acknowledges and agrees that the Service Provider reserves the right to revise the amount of the Annual Subscription Fee and any other charges applicable prior to each renewal of the Contract[Option A: on the basis of the increase in the Syntec Index according to the following formula: P1 = P0 x (S1 / S0) where P0 denotes the price in effect on the revision date; P1 denotes the revised price; S0 denotes the value of the Syntec index published on the date of the previous price revision or the first price revision on the Effective Date; and S1 denotes the value of the Syntec index on the date of the price revision][Option B: up to ten percent (10%) of the current price].
5.3 Amounts due under the Contract shall be invoiced in arrears. The payment term is set at thirty (30) days from the date of issue of the invoice by the Service Provider. Any sum not paid by the customer within the period shall automatically and without prior formalities entail the payment of penalties for delay corresponding to [Option A: three times the French legal interest rate in force] [Option B: the interest rate applied by the Central Bank to its most recent refinancing operation plus ten (10) percentage points, from the due date until full payment of the amounts due. In addition, in accordance with Article L 441-6 of the French Commercial Code, the customer may be required by operation of law to pay a lump-sum indemnity for recovery costs of forty (40) euros, which may be increased by the amount of the sums expended by the Provider for recovery upon presentation of supporting documents.
5.4 Notwithstanding the provisions of Article 5.3 above, in the event of late payment by the customer, the Provider reserves the right (i) to suspend immediately, ipso jure and without prior notice of default, access to and use of the Solution and Application Service and/or (ii) to terminate the Contract by operation of law fifteen (15) days after the Service Provider has sent a formal notice by registered letter with acknowledgement of receipt instructing the Customer to pay all sums due but not yet paid.
5.5 For all written correspondence related to the Contract or billing, the Customer shall contact : xxxxxxxxxx@xxxxxxxxxx.xxx
Appears in 2 contracts
Samples: Saas Service Terms & Conditions, Saas Service Terms & Conditions
Financial Conditions. 5.1 Upon signing the Contract, the Customer is obliged to pay the total setup fee amount and full amount of the Annual Subscription Fee (as defined below) for the first year. Then on each anniversary date Customer shall pay the full amount of the Annual Subscription Fee for the subsequent years as The financial conditions are specified in the 2. ANNUAL BILLING article of the purchase orderPurchase ordre. Prices are firm and non-refundable. The prices are fixed in USD euros and are exclusive of applicable taxes, which remain at the Customer's expense. The Customer irrevocably undertakes to pay in accordance with the payment terms defined in the purchase order: ● a flat fee corresponding to the cost of iteration of the parameterization of the Application Service (the "Setup fee"); ● an annual fee established based on the number of Users authorized to subscribe for the Solution, the Application Service and the Services (the "Annual Subscription Fee"); ● any expenses corresponding to additional services, such as training, technical assistance, travel expenses invoiced monthly and/or services not included in the subscription of the Solution, ordered by the Customer according to the terms of the purchase order or any subsequent order form. The subscription of licenses for additional Authorized Users during the Contract is carried out at the list price in force on the date of subscription. The Annual Subscription Fee per Additional Authorized User will be billed pro rata temporis for the current year. In the event of early termination of the Contract by the Customer, the full annual subscription fee for the period remaining until the end of the Initial Term or Additional Term becomes immediately due and payable to the Service Provider.
5.2 The Customer acknowledges and agrees that the Service Provider reserves the right to revise the amount of the Annual Subscription Fee and any other charges applicable prior to each renewal of the Contract[Option A: on the basis of the increase in the Syntec Index according to the following formula: P1 = P0 x (S1 / S0) where P0 denotes the price in effect on the revision date; P1 denotes the revised price; S0 denotes the value of the Syntec index published on the date of the previous price revision or the first price revision on the Effective Date; and S1 denotes the value of the Syntec index on the date of the price revision][Option B: up to ten percent (10%) of the current price].
5.3 Amounts due under the Contract shall be invoiced in arrears. The payment term is set at thirty (30) days from the date of issue of the invoice by the Service Provider. Any sum not paid by the customer within the period shall automatically and without prior formalities entail the payment of penalties for delay corresponding to [Option A: three times the French legal interest rate in force] [Option B: the interest rate applied by the Central Bank to its most recent refinancing operation plus ten (10) percentage points, from the due date until full payment of the amounts due. In addition, in accordance with Article L 441-6 of the French Commercial Code, the customer may be required by operation of law to pay a lump-sum indemnity for recovery costs of forty (40) euros, which may be increased by the amount of the sums expended by the Provider for recovery upon presentation of supporting documents.
5.4 Notwithstanding the provisions of Article 5.3 above, in the event of late payment by the customer, the Provider reserves the right (i) to suspend immediately, ipso jure and without prior notice of default, access to and use of the Solution and Application Service and/or (ii) to terminate the Contract by operation of law fifteen (15) days after the Service Provider has sent a formal notice by registered letter with acknowledgement of receipt instructing the Customer to pay all sums due but not yet paid.
5.5 For all written correspondence related to the Contract or billing, the Customer shall contact : xxxxxxxxxx@xxxxxxxxxx.xxx
Appears in 2 contracts
Samples: Saas Service Terms & Conditions, Saas Service Terms & Conditions