Payment and Billing. 16.1 The Customer: (a) agrees to pay all charges for the Services as shown in the Openreach Price List (or as otherwise agreed in writing) and calculated using the details recorded by BT and. (b) agrees to pay the charges within 30 calendar days of the date of BT’s invoice. (c) shall pay the Licence Fees in accordance with BT’s billing cycle. If BT begins, or ceases, the Service on a day which is not the first or last day of the period by reference to which BT charges Licence Fees , BT will apportion the Licence Fees on a daily basis for the incomplete period. The Licence Fees and Reservation Fees will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears. 16.2 All charges exclude Value Added Tax (VAT) which is charged at the applicable rate and is payable by the Customer. 16.3 The Licence Fee will commence on the Licence Completion Date and shall be payable in accordance with clause 16.1 b) above. 16.4 All other charges for the provision of the Service shall be due on the date that the Service is made available to the Customer, including the start date of the reservation by the Customer of space within the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoice. 16.5 BT: (a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement for the period beginning on the date on which payment is due and ending on the date payment is actually made. (b) must issue an invoice within twelve (12) months of the date the charge for a Service was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and the Customer shall only be obliged to make payment, if the charge is raised within the periods specified above. 16.6 If the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6. 16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasons. 16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full. 16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply: (a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and (b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement. 16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier. 16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually). 16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate. 16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact. 16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.
Appears in 1 contract
Payment and Billing. 16.1 The Customer:
(a) agrees to pay customer is responsible for any and all charges (without any right of set-‐off or deduction) for the Services as shown in the Openreach Price List (Services. The Customer is responsible for paying all calls originating from and charged calls accepted at its telephones and/or equipments, regardless of who made or as otherwise agreed in writing) and calculated using the details recorded by BT and.
(b) accepted them. The Customer agrees to pay the rates and charges within 30 calendar days including any applicable service charges, other non-‐ recurring charges or feature changes or any other charges for their services in accordance with UNITY's price quote as set out in the applicable Schedule(s) and as outlined in UNITY's monthly invoices. UNITY reserves the right to change tariff rates should there be a price increase and these rates will be made available to all customers on UNITY's website. All Flexfone monthly services, equipment and installation options are to be paid for by either VISA or Mastercard. Equipment will be billed at time of order. Any other credit terms or offerings for the customer will be offered at the sole discretion of UNITY. All fixed and variable service charges are payable monthly. Notwithstanding anything contained in section 3, a late payment charge of 1.5% per month, will accrue on any amounts remaining unpaid for thirty (30) days, after the date of BT’s invoice.
any invoice (cthe “Interest Application Date”) shall pay The Customer is responsible for any applicable Provincial, State or Federal taxes or similar charges including regulatory recovery fees, universal service fees, 911 fees, and government fees prescribed by the Licence Fees in accordance with BT’s billing cycle. If BT begins, CRTC or ceases, the Service on a day which is not the first or last day of the period by reference to which BT charges Licence Fees , BT will apportion the Licence Fees on a daily basis for the incomplete periodFCC authorities. The Licence Fees and Reservation Fees will Customer shall be payable in monthly instalments in advance but BT may on occasion xxxx responsible for paying, at any time, a previously unbilled or under billed charge where it is correctly billed from the Customer in arrears.
16.2 All charges exclude Value Added Tax (VAT) which is charged at the applicable rate and is date it was incurred after it has been correctly invoiced. There shall be no interest payable by the Customer.
16.3 The Licence Fee will commence on the Licence Completion Date and shall be payable in accordance with clause 16.1 b) above.
16.4 All other charges customer for the provision of period prior to the Service shall be due on billing date as it pertains to the date previously unbilled or under billed charges. Where UNITY has reasonable grounds for believing that the Service is made available Customer intends to defraud UNITY, UNITY may demand immediate payment from the Customer, including the start date of the reservation by the Customer of space within the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoice.
16.5 BT:
(a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement UNITY for the period beginning on the date on which payment is due and ending on the date payment is actually made.
(b) must issue an invoice within twelve (12) months of the date the charge for a Service was incurred (all reasonable costs and/or expenses incurred; including legal fees, in the case collection or attempted collection of any unpaid charges and such amounts shall represent a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and debt owed by the Customer shall only to UNITY. Cheques rejected, due to Non-‐Sufficient Funds, will be obliged subject to make payment, a $50.00 service charge ('NSF Charge'). UNITY accepts payment by Visa and Mastercard and if the charge is raised within the periods specified above.
16.6 If customer chooses to pay by either one of these credit cards, the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of authorizes UNITY to charge the date total amount of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6.
16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasonsCustomer's chosen credit card.
16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement.
16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually).
16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Terms and Conditions
Payment and Billing. 16.1 The Customer:
(a) The calendar month shall be the standard period for all payments under this Contract (other than any CEP Termination Payment or Company Termination Payment, as applicable). As soon as practicable after the end of each month, Company will render to the CEP a purchase statement for the payment obligations, if any, incurred hereunder during the preceding month. The Company agrees to pay all charges the CEP for Product delivered to the Company at the Delivery Point at the rates set forth on Exhibit I, which payments shall be fixed for the Services applicable Contract years and not subject to escalation (as shown set forth in the Openreach Price List (or as otherwise agreed in writing) and calculated using the details recorded purchase statement provided by BT andCompany to CEP pursuant to this Section 6).
(b) agrees to pay All purchase statements under this Contract shall be due and payable in accordance with each Party’s purchase statement instructions (e.g., wiring instructions) on or before the charges within 30 calendar days later of the twentieth (20th) day of each month, or tenth (10th) day after receipt of the purchase statement or, if such day is not a business day, then on the next business day. Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date of BT’s invoicewill be deemed delinquent and will accrue interest at the Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full.
(c) shall pay A Party may, in good faith, dispute the Licence Fees in accordance with BT’s billing cycle. If BT beginscorrectness of any purchase statement or any adjustment to a purchase statement, rendered under this Contract or ceases, the Service on a day which is not the first adjust any purchase statement for any arithmetic or last day of the period by reference to which BT charges Licence Fees , BT will apportion the Licence Fees on a daily basis for the incomplete period. The Licence Fees and Reservation Fees will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears.
16.2 All charges exclude Value Added Tax (VAT) which is charged at the applicable rate and is payable by the Customer.
16.3 The Licence Fee will commence on the Licence Completion Date and shall be payable in accordance with clause 16.1 b) above.
16.4 All other charges for the provision of the Service shall be due on the date that the Service is made available to the Customer, including the start date of the reservation by the Customer of space within the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoice.
16.5 BT:
(a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement for the period beginning on the date on which payment is due and ending on the date payment is actually made.
(b) must issue an invoice computational error within twelve (12) months of the date the charge for purchase statement, or adjustment to a Service purchase statement, was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurredrendered. In the case event a purchase statement or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the purchase statement shall be required to be made when due, with notice of the objection given to the other Party. Any purchase statement dispute or purchase statement adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within two (2) business days of such resolution along with interest accrued at the Interest Rate from and including the due date to but excluding the date paid. Inadvertent overpayments shall be returned upon request or deducted by the Party receiving such overpayment from subsequent payments, with interest accrued at the Interest Rate from and including the date of such overpayment to but excluding the date repaid or deducted by the Party receiving such overpayment. Any dispute with respect to a Series of Event and Time Related Charges and/or Services, BT must issue purchase statement is waived unless the invoice other Party is notified in accordance with this Section 6(c) within six twelve (612) months after the purchase statement is rendered or any specific adjustment to the purchase statement is made.
(d) The Parties hereby agree that they shall discharge mutual debts and payment obligations due and owing to each other on the same date through netting, in which case all amounts owed by each Party to the other Party for the purchase and sale of the date Product during the last charge in the series was incurred. A charge shall only be validmonthly billing period under this Contract, interest, and payments or credits, shall be netted so that only the Customer excess amount remaining due shall be paid by the Party who owes it.
(e) If no mutual debts or payment obligations exist and only be obliged one Party owes a debt or obligation to the other during the monthly billing period, including, but not limited to, interest, and payments or credits, that Party shall pay such sum in full when due.
(f) With respect to CEP, the Parties agree to recognize that this Section 6 is subject to Florida’s Prompt Payment Act (Florida Statutes Sections 218.70- 218.80) and allows CEP, for all purposes of this Section 6, forty-five (45) days after receipt of any purchase statement, as applicable, to make payment, if the charge is raised within the periods specified aboveincluding interest.
16.6 If the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6.
16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasons.
16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement.
16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually).
16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Contract for the Purchase of Contracted Capacity and Associated Energy
Payment and Billing. 16.1 13.1 The CustomerCommunications Provider:
(a) agrees to pay all charges for the Services Service as shown in the Openreach Price List (or as otherwise agreed in writingagreed) and calculated using the details recorded by BT andXX. Payment shall be by way of Direct Debit unless otherwise agreed in accordance with BT’s Credit Vetting Policy. Where applicable the Communications Provider shall maintain the Direct Debit instruction at all times up to date and in effect.
(b) agrees shall use the e-billing system, where available, to obtain all invoices in relation to this Contract.
(c) shall pay the charges within 30 28 calendar days of the date of BT’s invoice.
(c) shall pay the Licence Fees in accordance with BT’s billing cycle. If BT begins, or ceases, the Service on a day which is not the first or last day of the period by reference to which BT charges Licence Fees , BT will apportion the Licence Fees on a daily basis for the incomplete period. The Licence Fees and Reservation Fees will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears.
16.2 13.2 All charges exclude Value Added Tax (VAT) which ). VAT is charged at the applicable rate and is payable by the Customer.
16.3 The Licence Fee Communications Provider. BT will commence on the Licence Completion Date and shall be payable provide a valid tax invoice in accordance with clause 16.1 b) abovethe applicable invoicing requirements. Charges that are compensatory are not subject to VAT.
16.4 All other charges for the provision of the Service shall be due on the date that the Service is made available to the Customer, including the start date of the reservation by the Customer of space within the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoice.
16.5 13.3 BT:
(a) shall provide 6 months’ notice of changes to the regular billing date.
(b) may charge daily interest on late payments not the subject of a Dispute an Invoice Dispute, or dispute at the Interest Rate Rate, both before and after any judgement judgment, for the period beginning on the date on which payment is due and ending on the date payment is actually made.
(bc) must issue an invoice within twelve (12) months of the date the charge for a Service was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and the Customer Communications Provider shall only be obliged to make payment, if the charge is raised within the periods specified above.
16.6 13.4 If the Customer Communications Provider has an Invoice Dispute, it will notify BT in writing within six twelve (612) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 Clause 13.4 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer Communications Provider until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. .The Customer Communications Provider is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer Communications Provider is not entitled to withhold any payments to BT on the grounds that the Customer Communications Provider has a dispute with the end user(sEnd User(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer Communications Provider does not affect the right of the Customer Communications Provider to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6clause.
16.7 13.5 BT may make an Invoice Correction to an invoice sent to the Customer Communications Provider providing it notifies the Customer Communications Provider within six twelve (612) months of the date of the invoice giving its reasons.
16.8 13.6 Subject to Clause 16. 12 13.10 below, if a refund, payment or credit is due to the Customer Communications Provider by BT (unless that overpayment results from information provided by the Customer Communications Provider which is not attributable to information provided by BT), the Customer Communications Provider may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 13.7 During the term of this Agreement Contract, the Customer Communications Provider acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the CustomerCommunications Provider’s financial position which results in a reduction in the CustomerCommunications Provider’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment which is not the subject of a bona fide dispute) for the Services under this AgreementContract.
16.10 13.8 BT may acting reasonably and subject to the requirements of Clause 16.11 13.9 below, require that the Customer Communications Provider provides a deposit or guarantee or payment for the Service in advance. If the Customer Communications Provider refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 13.9 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer Communications Provider under Clause 16.10 13.8 above, shall be no greater than the reasonably estimated value of charges under this Agreement Contract for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should shall be reviewed by the parties at regular intervals (and at least annually).
16.12 13.10 Where the Customer Communications Provider provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer Communications Provider will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 13.11 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer Communications Provider has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 13.12 This clause 16 13 shall continue in force after the termination or expiry of this AgreementContract.
Appears in 1 contract
Samples: Service Agreement
Payment and Billing. 16.1 The Customer:
(a) agrees XXXXXXX HILLS shall pay CITY for services rendered under this MOU as set forth in this Section and Exhibit A attached hereto, and incorporated as in full. Retroactive payment from December 1, 2011 until this MOU is signed shall be made to pay all charges CITY by XXXXXXX HILLS within 15 days of execution of this Interim MOU. At the request of XXXXXXX HILLS and because of the need therefor, CITY has performed the services specified herein prior to execution of this MOU. XXXXXXX HILLS acknowledges the services previously performed by the CITY and ratifies the CITY’s performance of said services to the extent said services were performed in accordance with the terms and conditions of this agreement. Charges and rates are set annually by CITY and become effective on July 1 of each year. Charges are determined by calculation of full cost recovery of direct services provided to XXXXXXX HILLS. In no event shall reimbursement to CITY exceed $240,000.00 for any twelve-month period. Payment Due: Payment shall be due within 30 days of receipt by XXXXXXX HILLS of an invoice. Invoices shall be submitted by CITY by the 15th of the month following the service period. Submission by email is acceptable. Payment shall be remitted in full by XXXXXXX HILLS within 30 days of receipt of each invoice. Payment shall be in arrears for the Services services provided during the prior month if not paid within 30 days of receipt. Fee Calculation: Each month BEVERY HILLS shall owe one twelfth (1/12) of the CITY’s annual calculated administrative overhead cost for services provided during the billing period (month); plus the actual costs for each hour, or fraction thereof, that Animal Control Officers provide services; plus the actual cost per day of each sheltered animal; less revenue received from licenses paid by residents of XXXXXXX HILLS and collected by CITY during the billing period. Returned checks will be deducted and will not be counted as shown paid and collected. Should services be provided for a period of time that is not a complete calendar month (i.e. services beginning or ending in the Openreach Price List middle of a month), the amount paid by XXXXXXX HILLS shall be prorated by CITY at a daily rate for that month. Permit fees assessed and collected (such as fees for petting zoos, operation of animal hospitals, pet stores, etc.) will be retained by CITY and not deducted from calculations of amounts owed to cover costs. Shown in Exhibit A are overhead, shelter charges, service costs, and license credits applied from February 1, 2012 through June 30, 2012; July 1, 2012 through June 30, 2013; July 1, 2013 through June 30, 2014; July 1 2014 through June 30, 2015, and afterward, until either a new agreement is signed or through December 31, 2015, whichever is sooner. Fee Rate Adjustment: For the MOU and extensions, the fee rate shall be adjusted in an amount necessary to maintain full recovery of costs incurred by CITY. Fee rates covering service after June 30, 2013 shall be adjusted, as otherwise agreed necessary by the CITY whenever costs change. The CITY shall inform XXXXXXX HILLS in writing) and calculated using the details recorded by BT and.
(b) agrees to pay the charges within 30 calendar days advance of the date and amounts of BT’s invoiceadjustments. The proposed adjusted rate shall be presented by CITY to XXXXXXX HILLS at least 30 days in advance of the proposed change for consideration and approval by XXXXXXX HILLS. The adjusted rate shall be incorporated into the MOU in full as an addition to Exhibit A, and invoices for services provided after the date of fee rate adjustment shall be based on the adjusted cost rate. Invoices shall be submitted to: City of Xxxxxxx Hills Code Enforcement Division 000 X. Xxxxxxx Drive Beverly Hills, California 00000 (000) 000-0000 Payment shall be remitted to: Accounting Section Department of Animal Services City of Los Angeles 0 Xxx Xxxxx, 000 Xxxxx Xxxxx Xxx.
, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 (c000) shall pay 000-0000 (Or as directed by the Licence Fees in accordance with BT’s billing cycle. If BT begins, or ceasesDepartment) Upon request, the Service on a day which is not CITY shall furnish an Activities Report to support an invoice with information regarding significant activities/observations that occurred during the first or last day of the period by reference to which BT charges Licence Fees , BT will apportion the Licence Fees on a daily basis for the incomplete period. The Licence Fees and Reservation Fees will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears.
16.2 All charges exclude Value Added Tax (VAT) which is charged at the applicable rate and is payable by the Customer.
16.3 The Licence Fee will commence on the Licence Completion Date and shall be payable in accordance with clause 16.1 b) above.
16.4 All other charges for the provision of the Service shall be due on the date that the Service is made available to the Customermonth requested, including the start date dates and times of the reservation by the Customer of space within the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoiceoccurrences.
16.5 BT:
(a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement for the period beginning on the date on which payment is due and ending on the date payment is actually made.
(b) must issue an invoice within twelve (12) months of the date the charge for a Service was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and the Customer shall only be obliged to make payment, if the charge is raised within the periods specified above.
16.6 If the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6.
16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasons.
16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement.
16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually).
16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Memorandum of Understanding
Payment and Billing. 16.1 19.1 The Customer:Customer:
(a) agrees to pay all charges for the Services as shown in the Openreach Price List (or as otherwise agreed in writing) and calculated using the details recorded by BT and.
(b) agrees to pay the charges within 30 thirty (30) calendar days of the date of BT’s invoice.invoice.
(c) shall pay the Licence Fees in accordance with BT’s billing cycle. If BT begins, or ceases, the Service on a day which is not the first or last day of the period by reference to which BT charges Licence Fees Fees, BT will apportion the Licence Fees on a daily basis for the incomplete period. The Licence Fees and Reservation Fees will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears.
16.2 19.2 All charges exclude Value Added Tax (VAT) which is charged at the applicable rate and is payable by the Customer.
16.3 19.3 Save as set out in Schedule 6 (Network Adjustments) the Customer is liable to pay charges for any work it Orders from BT on or in the Physical Infrastructure and a description of the work available is set out in the Product Description.
19.4 The Licence Fee will commence on the Licence Completion Date and shall be payable in accordance with clause 16.1 b19.1(b) above.
16.4 19.5 All other charges for the provision of the Service shall except in the case of Network Adjustments be due on chargeable from the date that the Service is made available to the Customer, including the start date of the reservation by the Customer of space within the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoice.
16.5 19.6 Any charges for Network Adjustments shall be chargeable from the earlier of the Build Completion Date or when the relevant Order is cancelled, terminated or expires and shall be payable in accordance with clause 19.1(b) above.
19.7 BT:
(a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement for the period beginning on the date on which payment is due and ending on the date payment is actually made.
(b) must issue an invoice within twelve (12) months of the date the charge for a Service was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and the Customer shall only be obliged to make payment, if the charge is raised within the periods specified above.
16.6 If the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6.
16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasons.
16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement.
16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually).
16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.six
Appears in 1 contract
Payment and Billing. 16.1 The Customer:
(a) agrees to pay all charges for the Services as shown in the Openreach Price List (or as otherwise agreed in writing) and calculated using the details recorded by BT and.
(b) agrees to pay the charges within 30 calendar days limit date of the date first monthly payment is the 60th natural day of BT’s invoice.
(c) shall pay trial of the Licence Fees in accordance with BT’s billing cycle. If BT begins, or ceases, On Demand Service; the next monthly payments generated by the On Demand Service on a day which is not are registered as the first or last next month starting the day of the day of the month registered as the 60th natural day of trial. The calculation of Your monthly payments for TCA On Demand Service will be provided at the web site of the Support Center located at xxxx://xxx.xxxxxxxxxxxxxxx.xxx/support/en/ that you may access with your User account. See the exemplification of payment dates at the Annex A at the end of the present User Contract. After the monthly payment date is due, there will be actions that will take place according to the Clause 22 of the present User Contract. If You don’t make the payment after the period by reference of time of late payment has passed, specified at Clause 22 of the present User Contract, TCA will proceed to which BT charges Licence Fees cancel You and your Users the On Demand Service and the On Demand Materials according to Clause 21 of the present User Contract. All paying rates according to the Account Statement may not be cancelled and the payment amounts are not refundable, BT will apportion the Licence Fees on a daily basis except for the incomplete periodones specified at the User Contract in Clause 8 and 11. TCA rates do not include any tax, charge, or burden payment established by the fiscal authorities and You are responsible for the payment of such taxes, charges, or burdens, even if said taxes don’t expressly figure at the Account Statement. In the Support Center located at xxxx://xxx.xxxxxxxxxxxxxxx.xxx/support/en/ You will provide to TCA the correct fiscal information for the emission of electronic invoicing for You. The Licence Fees and Reservation Fees invoicing information must be submitted by the Hotel, You will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears.
16.2 All charges exclude Value Added Tax (VAT) which is charged responsible to provide such information at the applicable rate Support Center of Innsist On Demand, and You are committed to give to TCA correct and error free information so the electronic invoicing procedure is payable by correctly done. TCA will send the Customer.
16.3 electronic invoice to your email once the payment corresponding to the current month is maid according to the electronic Account Statement. The Licence Fee will commence on the Licence Completion Date and shall be payable in accordance with clause 16.1 b) above.
16.4 All other charges for the provision monthly payment of the Service shall be due on the date that the On Demand Service is made available related to the Customeramount of rooms the Hotel You represent has, including the start payment will be automatically calculated and reflected at the electronic Account Statement at the Support Center website 5 natural days before the due date of the reservation by current monthly payment. TCA reserves the Customer right to publish and/or modify the Account Statement at any time with the purpose of space within giving appropriate follow-up so you don’t have any obstacles or impediments in knowing the Physical Infrastructure. The Customer shall be liable to pay the Cancellation Charges in accordance with BT’s invoice.
16.5 BT:
(a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement for the period beginning on the date on which payment is due and ending on the date payment is actually made.
(b) must issue an invoice within twelve (12) months amount of the date the charge for a Service was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months owed rate of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and the Customer shall only be obliged to make payment, if the charge is raised within the periods specified aboveOn Demand Service.
16.6 If the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6.
16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasons.
16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement.
16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually).
16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.
Appears in 1 contract
Samples: User Contract
Payment and Billing. 16.1 The Customer:
Service shall be provided during the thirty (a30) agrees to pay all charges day initial trial period at no cost or charge; the fee or charge for the Services first year after the free trial period is set forth on the Registration Page. The Service fee for each year thereafter shall be TL’s then current fee for the Service. In addition to the Service fee, Customer shall pay TL all applicable sales, use, value-added, excise or other applicable taxes and duties. At the end of each calendar month TL shall invoice for the Services, as shown in further set forth on the Openreach Price List (or as otherwise agreed in writing) and calculated using the details recorded Registration Page. All such invoices shall be paid by BT and.
(b) agrees to pay the charges Customer within 30 calendar ten days of the date of BTTL’s invoice.
. The invoice shall be paid by credit card, debit card or other digital payment tools required by TL (c) shall the “Payment Source”). On the Registration Page you will provide TL with all required information necessary to use your Payment Source to pay the Licence Fees in accordance with BT’s billing cycle. If BT beginsTL invoice (e.g. account number, expiration date, security code or ceasesother information requested by TL, the Service on a day which is not “Payment Information”); Customer hereby authorizes TL to use the first or last day of the period by reference Payment Information to which BT charges Licence Fees , BT will apportion the Licence Fees on a daily basis accept payment for the incomplete periodTL invoices. The Licence Fees and Reservation Fees will be payable in monthly instalments in advance but BT may on occasion xxxx the Customer in arrears.
16.2 All charges exclude Value Added Tax (VAT) which is charged at the applicable rate and is payable by the Customer.
16.3 The Licence Fee will commence on the Licence Completion Date and TL shall be payable in accordance with clause 16.1 b) above.
16.4 All other charges for the provision have no obligation to refund any portion of the Service shall be due on fee in the date that the Service event this Agreement is made available terminated pursuant to the Customer, including termination provisions of this Agreement. TL reserves the start date of the reservation by right to suspend or terminate this Agreement and the Customer of space within access to the Physical Infrastructure. The Services if the Customer shall be liable fails to pay for Services on a timely basis or if TL is unable to use the Cancellation Charges in accordance with BT’s invoice.
16.5 BT:
(a) may charge daily interest on late payments not the subject of a Dispute at the Interest Rate both before and after any judgement Payment Information to accept payment for the period beginning Services. Delinquent payments are subject to interest of one percent (1.0%) per month on any outstanding balance, or the date on which payment maximum permitted by law, whichever is due and ending on the date payment is actually made.
less, plus all reasonable expenses of collection. Limitation of Liability. EXCEPT FOR THE OBLIGATIONS SET FORTH IN THE “INDEMNIFICATION” SECTION BELOW, IN NO EVENT WILL (bA) must issue an invoice within twelve EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME OR DATA; AND (B) EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE CUSTOMER IN THE TWELVE (12) months of the date the charge for a Service was incurred (in the case of a recurring charge) or the Service was supplied (in other cases) except for Event and Time Related Charges for which BT must issue an invoice within six (6) months of the date a charge is incurred. In the case of a Series of Event and Time Related Charges and/or Services, BT must issue the invoice within six (6) months of the date the last charge in the series was incurred. A charge shall only be valid, and the Customer shall only be obliged to make payment, if the charge is raised within the periods specified aboveMONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
16.6 If the Customer has an Invoice Dispute, it will notify BT in writing within six (6) months of the date of the invoice giving its reasons. Notification of an Invoice Dispute under this Clause16.6 is without prejudice to either party’s right to refer the subject matter of that Invoice Dispute to Ofcom. The amount in an Invoice Dispute may be withheld by the Customer until the Invoice Dispute is resolved and the balance shall be due and payable on the due date. The Customer is not entitled to withhold payment of any amount not in the Invoice Dispute. The Customer is not entitled to withhold any payments to BT on the grounds that the Customer has a dispute with the end user(s) or reseller(s). Payment of the invoice in whole, or in part, by the Customer does not affect the right of the Customer to dispute all or some of the charges of an invoice at a later date in accordance with this clause 16.6.
16.7 BT may make an Invoice Correction to an invoice sent to the Customer providing it notifies the Customer within six (6) months of the date of the invoice giving its reasons.
16.8 Subject to Clause 16. 12 below, if a refund, payment or credit is due to the Customer by BT (unless that overpayment results from information provided by the Customer which is not attributable to information provided by BT), the Customer may charge daily interest on late repayment at the Interest Rate for the period beginning on the date on which the parties acting reasonably agree BT shall make the repayment and ending on the date BT actually makes payment. If any charge is recalculated or adjusted with retrospective effect under an order, direction, determination or requirement of Ofcom (‘determination’), or any other regulatory authority or body of competent jurisdiction, the parties agree that interest will be payable on any amount due to either party as a result of that recalculation or adjustment at the Adjustment Interest Rate payable from the date specified in that determination, or if no date is specified, from the date the recalculated or adjusted charge takes effect to the date of refund or payment in full.
16.9 During the term of this Agreement the Customer acknowledges that it may become subject to BT’s Credit Vetting Policy if the following circumstances apply:
(a) there is material adverse change in the Customer’s financial position which results in a reduction in the Customer’s issued credit rating or (in the absence of such a credit rating) a financial score provided by an accredited ratings agency; and
(b) there has been a recent or subsequent non-payment or partial non-payment (by five days or more) of an invoice (where the non-payment or partial non-payment is not the subject of a bona fide dispute) for the Services under this Agreement.
16.10 BT may acting reasonably and subject to the requirements of Clause 16.11 below, require that the Customer provides a deposit or guarantee or payment for the Service in advance. If the Customer refuses to provide such deposit or guarantee or payment for the Service in advance, BT may refuse to accept any orders for the Service until such deposit or guarantee or payment for the Service in advance is provided or the outstanding non-disputed charges are fully paid, whichever is earlier.
16.11 Any deposit or guarantee or payment for the Service in advance required to be provided by the Customer under Clause 16.10 above, shall be no greater than the estimated value of charges under this Agreement for three months and the amount or requirement for the deposit or guarantee or payment for the Service in advance should be reviewed by the parties at regular intervals (and at least annually).
16.12 Where the Customer provides a deposit it will be held until twelve (12) consecutive months of payments have been paid on or by the due date after which the Customer will have the value of their deposit credited against BT invoices from that date. Interest on deposits held by BT will be paid at the Adjustment Interest Rate.
16.13 BT shall advise of any proposed update to the BT Credit Vetting Policy by issuing an industry briefing at least 28 calendar days prior to such update taking effect. Where the Customer has nominated a finance contact, BT shall also issue the update via email to the nominated finance contact.
16.14 This clause 16 shall continue in force after the termination or expiry of this Agreement.
Appears in 1 contract
Samples: Service Agreement