Licence Fee. 7.1 The Licensee shall pay to DACS the Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable. 7.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS. 7.3 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee. 7.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning: (a) the amount of tax withheld; and (b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in force. 7.5 Without prejudice to any other right or remedy of DACS, and without imposing an obligation to accept late payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. 7.6 Acceptance by DACS of any sums shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 5 contracts
Samples: Book Publishing License Agreement, Dacs Auction House and Commercial Gallery Licence Terms and Conditions, Book Publishing License Agreement
Licence Fee. 7.1 9.1 The Licensee shall pay to DACS the Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable.
7.2 9.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 9.3 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 9.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in force.
7.5 9.5 Without prejudice to any other right or remedy of DACS, and without imposing an obligation to accept late payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.6 9.6 Acceptance by DACS of any sums shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 4 contracts
Samples: Licensing Agreements, Publishing Agreement, Digital Publishing License Agreement
Licence Fee. 7.1 The Licensee shall pay to DACS the Licence Fee within 30 days from on the date Payment Date, subject to receipt of invoice, unless agreed otherwise with DACS in writing. an invoice valid for VAT purposes.
7.2 The Licence Fee is non-returnable. For the avoidance of doubt, if the Licensee decides not to include the Work in the Programme no part of the Licence Fee shall be repayable to the Licensee by DACS.
7.2 7.3 All payments shall be remitted by the Licensee in GBP (sterling) sterling payable to DACS by cheque or by bank transfer to a the bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 7.4 All sums payable hereunder by the Licensee are net of VAT and and/or any other Sales TaxesTaxes applicable from time to time, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 7.5 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in force.
7.5 7.6 Without prejudice to any other right or remedy of DACS, and without imposing an obligation to accept late payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.6 7.7 Acceptance by DACS of any sums hereunder shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, due and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 4 contracts
Samples: Dacs Tv Licence Terms and Conditions, Dacs Tv Licence Terms and Conditions, Tv Licence Agreement
Licence Fee. 7.1 The Licensee 6.1 In consideration of the rights granted to the LICENSEE hereunder, the LICENSEE shall pay the FEE to DACS the Licence Fee within 30 days from LICENSOR in accordance with the date of invoice, unless agreed otherwise with DACS in writingPayment Terms. The Licence Fee LICENSEE agrees that time is non-returnable.
7.2 All payments shall be remitted by of the Licensee in GBP (sterling) payable essence with respect to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee its payment obligations hereunder shall be borne by the Licensee and that it shall not be deducted from the entitled to withhold payment of any amount due to DACSthe LICENSOR by reason of any set-off, counterclaim or similar deduction.
7.3 6.2 All sums amounts payable by the Licensee LICENSEE pursuant to the terms of this Agreement, including the FEE, are net expressed to be exclusive of VAT value added tax and shall be paid promptly by the LICENSEE in full in United States Dollars (USD) or such other currency as agreed with the LICENSOR free and clear of, and without deductions, set-offs or withholdings for, or on account of, any taxes, currency control restrictions, assessments, excises, imposts, governmental charges, duties or other withholdings of any nature and owing in any circumstances whatsoever. The LICENSEE shall be solely responsible for any such deductions or withholdings and, to the extent that the LICENSEE is required to make such deductions or withholdings, the LICENSEE shall gross up the relevant amount to ensure that the amount received by the LICENSOR is the full cash amount that should otherwise have been paid. The LICENSEE shall, upon request, provide the LICENSOR with original tax receipts confirming all and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Feetax paid.
7.4 Where 6.3 In respect of late payment of any sum due under this Agreement, the Licensee is required by any law LICENSOR shall be entitled to charge interest at the rate of four per cent (4%) above the base rate for the time being of the bank to which the sum in force to withhold from payments due hereunder any tax of whatsoever kindquestion is being remitted, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) on the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country delayed payment for the time being period of the delay, payable on demand. The payment of such interest shall be in force.
7.5 Without prejudice to addition to, and not in substitution for, any other right or remedy remedies available to the LICENSOR in respect of DACS, and without imposing an obligation to accept late non-payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.6 Acceptance by DACS of any sums shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 2 contracts
Samples: Public Viewing Exhibition License, Fifa Commercial Public Viewing Exhibition License
Licence Fee. 7.1 9.1 The Licensee shall pay to DACS the applicable Licence Fee within 30 days from set out in the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnableTerm Sheet.
7.2 9.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a the bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder under this Agreement shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 9.3 All sums payable by the Licensee are net of VAT and and/or any other Sales TaxesTax, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 9.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, and, shall at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in force.
7.5 9.5 Without prejudice to any other right or remedy of DACS, and without imposing an obligation to accept late payment, where any fees payable under this Agreement are not paid within 30 days of by the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.6 9.6 Acceptance by DACS of any sums hereunder shall not prevent DACS at any later date disputing the correctness of the sums paid paid, or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach acceptance shall have taken place.
Appears in 2 contracts
Samples: Promotional Materials License Agreement, Promotional Materials License Agreement
Licence Fee. 7.1 The Licensee 6.1 In consideration of the rights granted to the LICENSEE hereunder, the LICENSEE shall pay the FEE to DACS the Licence Fee within 30 days from LICENSOR in accordance with the date of invoice, unless agreed otherwise with DACS in writingPAYMENT TERMS. The Licence Fee LICENSEE agrees that time is non-returnable.
7.2 All payments shall be remitted by of the Licensee in GBP (sterling) payable essence with respect to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee its payment obligations hereunder shall be borne by the Licensee and that it shall not be deducted from the entitled to withhold payment of any amount due to DACSthe LICENSOR by reason of any set-off, counterclaim or similar deduction.
7.3 6.2 All sums amounts payable by the Licensee LICENSEE pursuant to the terms of this Agreement, including the FEE, are net expressed to be exclusive of VAT value added tax and shall be paid promptly by the LICENSEE in full in United States Dollars (USD) or such other currency as agreed with the LICENSOR free and clear of, and without deductions, set-offs or withholdings for, or on account of, any taxes, currency control restrictions, assessments, excises, imposts, governmental charges, duties or other withholdings of any nature and owing in any circumstances whatsoever. The LICENSEE shall be solely responsible for any such deductions or withholdings and, to the extent that the LICENSEE is required to make such deductions or withholdings, the LICENSEE shall gross up the relevant amount to ensure that the amount received by the LICENSOR is the full cash amount that should otherwise have been paid. The LICENSEE shall, upon request, provide the LICENSOR with original tax receipts confirming all and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Feetax paid.
7.4 Where 6.3 In respect of late payment of any sum due under this Agreement, the Licensee is required by any law LICENSOR shall be entitled to charge interest at the rate of four per cent (4%) above the base rate for the time being of the bank to which the sum in force to withhold from payments due hereunder any tax of whatsoever kindquestion is being remitted, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) on the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country delayed payment for the time being period of the delay, payable on demand. The payment of such interest shall be in force.
7.5 Without prejudice to addition to, and not in substitution for, any other right or remedy remedies available to the LICENSOR in respect of DACS, and without imposing an obligation to accept late non-payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.6 Acceptance by DACS of any sums shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 2 contracts
Samples: Public Viewing Exhibition License, Fifa Commercial Public Viewing Exhibition License
Licence Fee. 7.1 The Licensee shall pay to DACS the β
4.1 If a Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable.
7.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; paid, as stated by us in writing, such Licence Fee shall be due and shall, at payable in accordance with the request terms of DACS, carry out this Licence before your right to use the Software commences. You may only install or use the Software and/or Documentation after you have paid to us and we have accepted all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in forceapplicable Licence Fees.
7.5 Without prejudice 4.2 You shall pay to any other right us, as applicable and invoiced by us:
4.2.1 the Lifetime Licence Fee on or remedy before the Acceptance Date; or
4.2.2 the first Periodic Licence Fee on or before the Acceptance Date and thereafter, monthly in advance on or before the first day of DACSthe month in question after the Acceptance Date.
4.3 You shall on or before the Acceptance Date:
4.3.1 provide to us valid, up-to-date and without imposing an obligation complete contact and billing details; or
4.3.2 set up and maintain throughout the Subscription Term a suitable and valid automatic payment method (such as direct debit), in which case you authorise us to accept late payment, where any fees collect payment directly via that method whenever a payment is due.
4.4 You shall pay the applicable Licence Fees which have become payable in accordance with the payment terms specified on the relevant invoice.
4.5 All Licence Fees paid are non-refundable.
4.6 All sums payable under this Agreement Licence are not paid within 30 days exclusive of any excise, sales, use, value added or other taxes, tariffs or duties whatsoever that may be applicable to the use of the due dateSoftware and Documentation, DACS for which the Licensee shall exercise its statutory right be responsible. When we have the legal obligation to claim interest under collect such taxes, tariffs or duties, the Late Payment amount of Commercial Debts (Interest) Act 1998such taxes, tariffs and duties shall be invoiced to you and you shall pay such amount to us on demand unless you provide us with a valid tax exemption certificate authorised by the appropriate taxing authority.
7.6 Acceptance 4.7 All amounts due under this Licence from you to us shall be paid in full without any set- off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by DACS law). Any such taxes which are otherwise imposed on payments to us shall be your sole responsibility and you shall provide us with official receipts issued by the appropriate taxing authority and such other evidence as we reasonably request to establish that such taxes have been paid.
4.8 If you fail to make any payment due to us under this Licence by the due date for payment, then, without limiting any other remedies we may have, you shall pay interest on the overdue amount at the rate of any sums 4% per annum above Barclays Bank's base rate from time to time. Such interest shall not prevent DACS at any later accrue on a daily basis from the due date disputing the correctness until actual payment of the sums paid overdue amount, whether before or demanding particulars from after judgment. You shall pay the Licensee concerning interest together with the amount finally due, and neither overdue amount.
4.9 We shall acceptance be entitled to increase the Periodic Licence Fee payable at the start of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken placeeach Renewal Period upon 90 days' prior written notice to you.
Appears in 2 contracts
Samples: Licence Agreement, Licence Agreement
Licence Fee. 7.1 The Licensee shall pay to DACS the Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable.
7.2 9.1 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 9.2 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 9.3 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in force.
7.5 9.4 Without prejudice to any other right or remedy of DACS, and without imposing an obligation to accept late payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.6 9.5 Acceptance by DACS of any sums shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 2 contracts
Samples: Dacs Website Licence, Dacs Website Licence Terms and Conditions
Licence Fee. 7.1 The Licensee shall pay to DACS the 4.1 If a Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable.
7.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; paid, as stated by us in writing, such Licence Fee shall be due and shall, at payable in accordance with the request terms of DACS, carry out this Licence before your right to use the Software commences. You may only install or use the Software and/or Documentation after you have paid to us and we have accepted all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in forceapplicable Licence Fees.
7.5 Without prejudice 4.2 You shall pay to any other right us, as applicable and notified by us:
4.2.1 the Lifetime Licence Fee on or remedy before the Acceptance Date; or
4.2.2 the first Periodic Licence Fee on or before the Acceptance Date and thereafter, monthly in advance on or before the first day of DACSthe month in question after the Acceptance Date.
4.3 You shall on or before the Acceptance Date:
4.3.1 provide to us valid, up-to-date and without imposing an obligation complete contact and billing details; or
4.3.2 set up and maintain throughout the Subscription Term a suitable and valid automatic payment method (such as direct debit), in which case you authorise us to accept late payment, where any fees collect payment directly via that method whenever a payment is due.
4.4 You shall pay the applicable Licence Fees which have become payable in accordance with the payment terms specified on the relevant invoice.
4.5 All Licence Fees paid are non-refundable.
4.6 All sums payable under this Agreement Licence are not paid within 30 days exclusive of any excise, sales, use, value added or other taxes, tariffs or duties whatsoever that may be applicable to the use of the due dateSoftware and Documentation, DACS for which the Licensee shall exercise its statutory right be responsible. When we have the legal obligation to claim interest under collect such taxes, tariffs or duties, the Late Payment amount of Commercial Debts (Interest) Act 1998such taxes, tariffs and duties shall be invoiced to you and you shall pay such amount to us on demand unless you provide us with a valid tax exemption certificate authorised by the appropriate taxing authority.
7.6 Acceptance 4.7 All amounts due under this Licence from you to us shall be paid in full without any set- off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by DACS law). Any such taxes which are otherwise imposed on payments to us shall be your sole responsibility and you shall provide us with official receipts issued by the appropriate taxing authority and such other evidence as we reasonably request to establish that such taxes have been paid.
4.8 If you fail to make any payment due to us under this Licence by the due date for payment, then, without limiting any other remedies we may have, you shall pay interest on the overdue amount at the rate of any sums 4% per annum above Barclays Bank's base rate from time to time. Such interest shall not prevent DACS at any later accrue on a daily basis from the due date disputing the correctness until actual payment of the sums paid overdue amount, whether before or demanding particulars from after judgment. You shall pay the Licensee concerning interest together with the amount finally due, and neither overdue amount.
4.9 We shall acceptance be entitled to increase the Periodic Licence Fee payable at the start of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken placeeach Renewal Period upon 90 days' prior written notice to you.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Licence Fee. 7.1 8.1 The Licensee shall pay to DACS the Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable.
7.2 8.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 8.3 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 8.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; and shall, at the request of DACS, carry out all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in force.
7.5 8.5 Without prejudice to any other right or remedy of DACS, and without imposing an obligation to accept late payment, where any fees payable under this Agreement are not paid within 30 days of the due date, DACS shall exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998Xxx 0000.
7.6 8.6 Acceptance by DACS of any sums shall not prevent DACS at any later date disputing the correctness of the sums paid or demanding particulars from the Licensee concerning the amount finally due, and neither shall acceptance of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken place.
Appears in 1 contract
Samples: Newspaper/Magazine License Agreement
Licence Fee. 7.1 The Licensee shall pay to DACS the 4.1 If a Licence Fee within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. The Licence Fee is non-returnable.
7.2 All payments shall be remitted by the Licensee in GBP (sterling) payable to DACS by cheque or by bank transfer to a bank account nominated by DACS. All currency exchange fees, remittance fees or other charges connected with payments by the Licensee hereunder shall be borne by the Licensee and shall not be deducted from the amount due to DACS.
7.3 All sums payable by the Licensee are net of VAT and any other Sales Taxes, which shall, where appropriate, be payable by the Licensee in addition to the Licence Fee.
7.4 Where the Licensee is required by any law for the time being in force to withhold from payments due hereunder any tax of whatsoever kind, the Licensee shall account for such tax properly and shall also supply to DACS at such times as it may request such information as the Licensee shall have been able to obtain concerning:
(a) the amount of tax withheld; and
(b) the legal provision or requirement under which such tax is required to be withheld; paid, as stated by us in writing, such Licence Fee shall be due and shall, at payable in accordance with the request terms of DACS, carry out this Licence before your right to use the Software commences. You may only install or use the Software and/or Documentation after you have paid to us and we have accepted all such acts and provide all such information and documents as are reasonably necessary to enable DACS to obtain any tax credit or repayment provided for under the laws of any country for the time being in forceapplicable Licence Fees.
7.5 Without prejudice 4.2 You shall pay to any other right us, as applicable and invoiced by us:
4.2.1 the Lifetime Licence Fee on or remedy before the Acceptance Date; or
4.2.2 the first Periodic Licence Fee on or before the Acceptance Date and thereafter, monthly in advance on or before the first day of DACSthe month in question after the Acceptance Date.
4.3 You shall on or before the Acceptance Date:
4.3.1 provide to us valid, up-to-date and without imposing an obligation complete contact and billing details; or
4.3.2 set up and maintain throughout the Subscription Term a suitable and valid automatic payment method (such as direct debit), in which case you authorise us to accept late payment, where any fees collect payment directly via that method whenever a payment is due.
4.4 You shall pay the applicable Licence Fees which have become payable in accordance with the payment terms specified on the relevant invoice.
4.5 All Licence Fees paid are non-refundable.
4.6 All sums payable under this Agreement Licence are not paid within 30 days exclusive of any excise, sales, use, value added or other taxes, tariffs or duties whatsoever that may be applicable to the use of the due dateSoftware and Documentation, DACS for which the Licensee shall exercise its statutory right be responsible. When we have the legal obligation to claim interest under collect such taxes, tariffs or duties, the Late Payment amount of Commercial Debts (Interest) Act 1998such taxes, tariffs and duties shall be invoiced to you and you shall pay such amount to us on demand unless you provide us with a valid tax exemption certificate authorised by the appropriate taxing authority.
7.6 Acceptance 4.7 All amounts due under this Licence from you to us shall be paid in full without any set- off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by DACS law). Any such taxes which are otherwise imposed on payments to us shall be your sole responsibility and you shall provide us with official receipts issued by the appropriate taxing authority and such other evidence as we reasonably request to establish that such taxes have been paid.
4.8 If you fail to make any payment due to us under this Licence by the due date for payment, then, without limiting any other remedies we may have, you shall pay interest on the overdue amount at the rate of any sums 4% per annum above Barclays Bank's base rate from time to time. Such interest shall not prevent DACS at any later accrue on a daily basis from the due date disputing the correctness until actual payment of the sums paid overdue amount, whether before or demanding particulars from after judgment. You shall pay the Licensee concerning interest together with the amount finally due, and neither overdue amount.
4.9 We shall acceptance be entitled to increase the Periodic Licence Fee payable at the start of any sum by DACS constitute a waiver of any breach of any term of this Agreement by the Licensee if any such breach shall have taken placeeach Renewal Period upon 90 days' prior written notice to you.
Appears in 1 contract
Samples: Licence Agreement