Common use of Payment and Pricing Clause in Contracts

Payment and Pricing. 7.1. A fee is charged for the use of the Service. The reimbursement for a Subscription must always be paid in full and in advance. 7.2. A ‘fair use policy’ of an average of 10,000 quotation lines per month. If this is structurally exceeded for a period of 3 months, the parties will jointly determine an additional proper compensation. 7.3. Quotation Factory is responsible for the correct registration and reporting of the number of processed parts by (customers of) the User. 7.4. The amount of the compensation is determined on the basis of the Subscription Rates List, unless the Parties agree otherwise 7.5. All prices mentioned in the Tariff List are exclusive of turnover tax (VAT) and other levies that are or will be imposed by the government and are in euros. 7.6. All prices mentioned in the Price List can be changed by Quotation Factory. Price changes do not apply to already purchased Services and apply with effect from the new term for the chosen Subscription. 7.7. Payment by the User must take place by transferring the invoice amount in advance to the bank account sent by Quotation Factory or by way of online payment via the appropriate services of third parties. This payment term is a strict deadline. Quotation Factory may require authorization from the User which User will confirm. 7.8. If the User does not meet its payment obligation(s) in time, it is, after Quotation Factory has pointed out the late payment and Quotation Factory has granted the User a period of 14 days to still meet its payment obligations and hence its payment obligations. failure to clear, after failure to pay within this 14-day period, owe statutory interest on the amount due. In that case Quotation Factory is entitled to charge all costs incurred and to be incurred as a result thereof, including explicitly all extrajudicial (collection) costs and all judicial costs actually incurred, including but not limited to attorney fees. The extrajudicial (collection) costs will be calculated according to the Staffel Extrajudicial collection costs (BIK), unless the extrajudicial (collection) costs actually incurred are higher. In the latter case, the actually incurred extrajudicial (collection) costs will be charged to the User. 7.9. In the event of liquidation, (application for) suspension of payment or bankruptcy, debt restructuring or any other circumstance as a result of which User can no longer freely dispose of its assets, Quotation Factory is free to terminate the Agreement immediately with immediate effect without that there will be some obligation on Quotation Factory, such as the obligation to pay compensation. The claims of Quotation Factory on the User are immediately due and payable in these cases. 7.10. User is not entitled to settlement or suspension of any payment or amounts due, for whatever reason.