Common use of Payment and Set-Off Clause in Contracts

Payment and Set-Off. 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order or Charges Schedule. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir to the Customer (the “Due Date”), without any set-off, counterclaim or deduction, except in accordance with Section 3.4. 3.3 eir may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities (Late Payments in Commercial Transactions) Regulations 2012 (S.I. 580/2012), PROVIDED THAT, eir will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir in writing of any disputed invoice or amount and provide eir with all information relevant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eir’s attention without delay and in any event not later than the Due Date (“Payment Dispute”). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3, in the event that a payment due to eir from the Customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir by the Due Date, eir reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir to the Customer, whether in connection with this Agreement or any other agreement in place between eir and the Customer. 3.7 eir may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eir. 3.8 Any extension of credit allowed by eir to the Customer may be changed or withdrawn at any time at the discretion of eir, upon eir giving reasonable prior written notice to the Customer. 3.9 eir reserves the right to review and amend the Charges annually. At least two (2) months prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir of providing a Service changes to a material extent, eir shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.

Payment and Set-Off. ‌ 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order or Charges Schedule. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir to the Customer (the “Due Date”), without any set-off, counterclaim or deduction, except in accordance with Section 3.4. 3.3 eir may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities (Late Payments in Commercial Transactions) Regulations 2012 (S.I. 580/2012), PROVIDED THAT, eir will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir in writing of any disputed invoice or amount and provide eir with all information relevant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eir’s attention without delay and in any event not later than the Due Date (“Payment Dispute”). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3Clause3.3, in the event that a payment due to eir from the Customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir by the Due Date, eir reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir to the Customer, whether in connection with this Agreement or any other agreement in place between eir and the Customer. 3.7 eir may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eir. 3.8 Any extension of credit allowed by eir to the Customer may be changed or withdrawn at any time at the discretion of eir, upon eir giving reasonable prior written notice to the Customer. 3.9 eir reserves the right to review and amend the Charges annually. At least two (2) months prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir of providing a Service changes to a material extent, eir shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.

Payment and Set-Off. 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order Order, Price List or Charges Services Schedule. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir evo to the Customer (the “Due Date”), without any set-off, counterclaim or deduction, except in accordance with Section Clause 3.4. 3.3 eir evo may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities (Late Payments in of Commercial TransactionsDebts (Interest) Regulations 2012 (S.I. 580/2012)Act 1998, PROVIDED THAT, eir evo will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir evo to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir evo in writing of any disputed invoice or amount and provide eir evo with all information relevant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eireir evo’s attention without delay and in any event not later than the Due Date (“Payment Dispute”). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3, in the event that a payment due to eir evo from the Customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir evo by the Due Date, eir evo reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir evo may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir evo to the Customer, whether in connection with this Agreement or any other agreement in place between eir evo and the Customer. 3.7 eir evo may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eireir evo. 3.8 Any extension of credit allowed by eir evo to the Customer may be changed or withdrawn at any time at the discretion of eireir evo, upon eir evo giving reasonable prior written notice to the Customer. 3.9 eir evo reserves the right to review and amend the Charges annually. At Unless otherwise stated in a Service Schedule at least two (2) months prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir evo of providing a Service changes to a material extent, eir evo shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir evo prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.

Payment and Set-Off. 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order or Charges ScheduleOrder. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir to the Customer (the “‘‘Due Date”’’), without any set-off, counterclaim or deduction, except in accordance with Section 3.4. 3.3 eir may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities (Late Payments in Commercial Transactions) Regulations 2012 2002 (S.I. 580/2012388/2002), PROVIDED THAT, eir will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir in writing of any disputed invoice or amount and provide eir with all information relevant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eir’s attention without delay and in any event not later than the Due Date (“‘‘Payment Dispute”’’). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3, in the event that a payment due to eir from the Customer customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir by the Due Date, eir reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir to the Customer, whether in connection with this Agreement or any other agreement in place between eir and the Customer. 3.7 eir may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eir. 3.8 Any extension of credit allowed by eir to the Customer may be changed or withdrawn at any time at the discretion of eir, upon eir giving reasonable prior written notice to the Customer. 3.9 eir reserves the right to review and amend the Charges annually. At least two (2) months prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir of providing a Service changes to a material extent, eir shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.

Payment and Set-Off. 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order Order, Price List or Charges Services Schedule. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir evo to the Customer (the “Due Date”), without any set-off, counterclaim or deduction, except in accordance with Section Clause 3.4. 3.3 eir evo may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities (Late Payments in of Commercial TransactionsDebts (Interest) Regulations 2012 (S.I. 580/2012)Xxx 0000, PROVIDED THAT, eir evo will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir evo to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir evo in writing of any disputed invoice or amount and provide eir evo with all information relevant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eireir evo’s attention without delay and in any event not later than the Due Date (“Payment Dispute”). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3, in the event that a payment due to eir evo from the Customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir evo by the Due Date, eir evo reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir evo may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir evo to the Customer, whether in connection with this Agreement or any other agreement in place between eir evo and the Customer. 3.7 eir evo may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eireir evo. 3.8 Any extension of credit allowed by eir evo to the Customer may be changed or withdrawn at any time at the discretion of eireir evo, upon eir evo giving reasonable prior written notice to the Customer. 3.9 eir evo reserves the right to review and amend the Charges annually. At Unless otherwise stated in a Service Schedule at least two (2) months prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir evo of providing a Service changes to a material extent, eir evo shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir evo prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.

Payment and Set-Off. ‌ 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order or Charges Schedule. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir to the Customer (the “Due Date”), without any set-off, counterclaim or deduction, except in accordance with Section 3.4. 3.3 eir may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities (Late Payments in Commercial Transactions) Regulations 2012 (S.I. 580/2012), PROVIDED THAT, eir will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir in writing of any disputed invoice or amount and provide eir with all information relevant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eir’s attention without delay and in any event not later than the Due Date (“Payment Dispute”). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3, in the event that a payment due to eir from the Customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir by the Due Date, eir reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir to the Customer, whether in connection with this Agreement or any other agreement in place between eir and the Customer. 3.7 eir may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eir. 3.8 Any extension of credit allowed by eir to the Customer may be changed or withdrawn at any time at the discretion of eir, upon eir giving reasonable prior written notice to the Customer. 3.9 eir reserves the right to review and amend the Charges annually. At least two (2) months prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir of providing a Service changes to a material extent, eir shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.

Payment and Set-Off. ‌ 3.1 The Charges for individual Goods or Services shall be those that are set out in the relevant Order or Charges Schedule. 3.2 The Customer shall pay the Charges within thirty (30) days of the date of issue of an invoice from eir to the Customer (the “Due Date”), without any set-off, counterclaim or deduction, except in accordance with Section 3.4. 3.3 eir may, at its discretion, add interest charges to any past due amounts from the expiry of the Due Date in the manner and at the rates set out in the European Communities Comm unities (Late Payments in Commercial Transactions) Regulations 2012 (S.I. 580/2012), PROVIDED THAT, eir will not add such interest charges until the conclusion of an additional five (5) Business Days from notification in writing by eir to the Customer that invoice(s) are past due. 3.4 The Customer will promptly notify eir in writing of any disputed invoice or amount and provide eir with all information relevant relev ant to the dispute, PROVIDED THAT any disputed invoice or amount must be brought to eir’s attention without delay and in any event not later than the Due Date (““ Payment Dispute”). Any Payment Dispute will be subject to the dispute resolution provisions of Clause 12. On resolution of the dispute the agreed amount, if any, shall be paid immediately and in any event not later than 5 Business Days after the resolution of the dispute. 3.5 In addition to the provisions set out in Clause 3.3Clause3.3, in the event that a payment due to eir from the Customer following the issue of an invoice pursuant to Clause 3.2 has not been received by eir by the Due Date, eir reserves the right to not to deliver the Goods or to suspend the provision of the Service until payment is made by the Customer in full. 3.6 Without prejudice to any other right or remedy it may have, eir may set off any payment owed to it by the Customer in accordance with this Agreement against any amount owed by eir to the Customer, whether in connection with this Agreement or any other agreement in place between eir and the Customer. 3.7 eir may, at its sole discretion, where it has any reasonable concern as to the ability of the Customer to meet its payment obligations pursuant to Clause 3.2, at any time, require full, or partial, payment of the Charges prior to supply of the Good or Service or to require the provision of security for payment by the Customer in a form acceptable to eir. 3.8 Any extension of credit allowed by eir to the Customer may be changed or withdrawn at any time at the discretion of eir, upon eir giving reasonable prior written notice to the Customer. 3.9 eir reserves the right to review and amend the Charges annually. At least two (2) months mont hs prior written notice shall be given to the Customer in respect of any increase in the Charges arising from the annual review. In the event that the Charges increase during a Minimum Period of Service the Customer shall have a right to reject the increase increas e in Charges until the expiry of the Minimum Period of Service. 3.10 If the cost to eir of providing a Service changes to a material extent, eir shall have the right to amend the Charges at any time by giving written notice to the Customer, such notice setting out details of the: 3.10.1 reasons for the change in the cost of providing the Service; and 3.10.2 change to the Charges and the date the change will take effect. 3.11 Unless provided otherwise in the Order, eir will invoice the Charges in Euro and the Customer will pay the Charges in Euro. The Charges are exclusive of the Transaction Taxes. The Customer will pay the Transaction Taxes for the Service supplied under this Agreement except to the extent a valid exemption certificate is provided by the Customer to eir prior to the delivery of the Goods or Services. 3.12 A failure by the Customer to pay any validly due sums owed under the Agreement by the Due Date shall be regarded as a material breach of the Agreement for the purposes of Clause 13.2.1.