PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) The timely payment for Equipment, Services and all other Charges properly raised shall be considered to be the essence of this Agreement. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement. (b) The Upfront Charges for the Services are those set out in our order confirmation email or our websites or those of any authorised third party partners. We will normally require you to pay the Upfront Charges before your Installation. Any Equipment being purchased outright by you remains our property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation have not been settled on demand, we retain the right to delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services. (c) You must pay all the Charges that are due, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written notice from us to you. (d) With most Packages you have the option to upgrade or downgrade your Service with the same Service Provider. Many of our promotional offers require you to maintain the Service level that you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service by requesting such a change in writing, such changes are subject to the following terms. a. Only one downgrade request per month can be processed, this will normally be the last request that we receive in any month. The last modification recorded during the month will become effective from the first day of your next data cycle which is linked to your original installation date. b. In case of downgrade from a higher to lower Package a Downgrade Fee of £29.95 will be chargeable. c. If you ask us to downgrade from a Package that requires a Minimum Period to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We may also require that you commit to a new Minimum Period, normally being equal to the original Minimum Period.
Appears in 3 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) The timely payment for Equipment, Services and all other Charges properly raised shall be considered to be the essence of this Agreement. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement.
(b) The Upfront Charges for the Services are those set out in our order confirmation email or our websites or those of any authorised third party partners. We will normally require you to pay the Upfront Charges before your Installation. Any Equipment being purchased outright by you remains our remainsour property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation have not been settled on demand, we retain the right to delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services.
(c) You must pay all the Charges that are due, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written notice from us to you.
(d) With most Packages you have the option to upgrade or downgrade your Service with the same Service Provider. Many of our promotional offers require you to maintain the Service level that you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service by requesting such a change in writing, such changes are subject to the following terms.
a. Only one downgrade request per month can be processed, this will normally be the last request that we receive in any month. The last modification recorded during the month will become effective from the first day of your next data cycle which is linked to your original installation date.
b. In case of downgrade from a higher to lower Package a Downgrade Fee of £29.95 will be chargeable.
c. If you ask us to downgrade from a Package that requires a Minimum Period to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We may also require that you commit to a new Minimum Period, normally being equal to the original Minimum Period.
(f) We will normally provide you with a payment schedule, via email. Any other Charges including Charges for any Services used at any earlier time if they have not previously been charged for (eg. Package upgrades during a previous billing period charged in advance) will be added. As such, it is an important condition of this Agreement that you provide us with, and maintain at all times, a current email address that we can use for all communications with you. We reserve the right to charge an administration fee of £10 if you request us to re-send any document electronically. If you request a physical copy to be mailed or faxed, there is a charge of £20 per event.
(g) If we have tried to collect a payment on the Due Date and it has not been received by us within a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (following two or more payment failures) disconnected. If we agree to re-connect your Services, there will be a reconnection charge of up to £30 plus VAT that you must pay before your Services are restored. Restoration of your Services may take up to three working days from the day we receive full payment of any outstanding Charges.
(h) Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest at 3% per annum above the HSBC Bank plc interest base rate from time to time on all overdue Charges from the Due Date until the payment is made in full.
(i) We reserve the right to vary the Charges for the Services, the Equipment, the Installation and any other Charges relevant to your Service. If the charges are increasing, we will give you at least 14 days written notice. This does not include changes arising from any promotional offers such as the reversion to RRP after the period of any Promotional Discount expires. Where we have increased our RRP for Monthly Service Charges to you by more than 10% in any 12 month period (unless such change was a specific term of a promotional offer that you accepted), you may cancel this Agreement by giving us 30 days notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly Service Charges, Equipment Rental, our Equipment return or any other Charges due under this Agreement up to the date of termination.
(j) After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must payall Charges which have accrued since the last bill was calculated and the proportion of any Service charges which will accrued up the proper termination date.
(k) Whilst Charges remain outstanding beyond the Due Date and/or your account is suspended or delinquent, we are not obligated to process any changes to the level of Services that you receive and we can suspend technical support to you until all overdue Charges are received to us.
(l) Save as expressly set out in this Agreement, you shall not suspend payments under this Agreement, as a result of faults and/or defects of the service.
(m) All of our prices will clearly state the currency that they are quoted are in and that they are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
(n) If you default (ie. settle the Charges after the Due Date) twice in any rolling 12- month period, we have the right to require you to pay for the Charges quarterly in advance without discount.
Appears in 1 contract
Samples: Terms and Conditions
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) The timely payment for Equipment, the Services and all any other such Charges arising properly raised as a result of this Agreement shall be considered to be of the essence of this Agreementessence. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement. This right is in addition to any other legal rights we may have against you, which we may also rely upon.
(b) You must pay all the Charges for which we xxxx you, together with any Value Added Tax and/or any other taxes (at applicable rates from time to time) which apply in relation to any Charges payable under this Agreement. Unless otherwise agreed in writing, we will xxxx you one billing period in advance for the Services together with any outstanding Charges for Services activated during the previous billing period. You must pay your xxxx in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. Unless stated otherwise, all prices quoted by us and listed in our Website are inclusive of VAT and all Charges that appear on your xxxx are inclusive of VAT. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period.
(c) The Upfront Charges for the Services are those set out in our order confirmation email form or our websites or those of any authorised third party partners. We parties.
(d) Any additional Charges for using the Services must be paid by you by the Due Date.
(e) Subject to us reserving the right to carry out a suitable credit check on you at any point that we deem reasonable, you will normally require you to pay be billed before your Installation for the Upfront Charges before your InstallationCharges. Any All Equipment being purchased outright by you remains our property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation installation have not been settled on demand, we retain reserve the right to charge a collection fee as detailed on our website from time to time and/or delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services.
(c) You must pay Services and/or the right to remove all the Charges that are dueequipment supplied, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written prior notice from us to you.
(df) With most Packages you have the option to upgrade or downgrade your Service with the same Service Provider. Many Upgrade and Downgrade of our promotional offers require you to maintain the Service level that – you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be are entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service assigned to your account by requesting such a change in writing, such changes are writing or via email subject to the following terms.
a. Only one operation of upgrade or downgrade request per calendar month can be processedis allowed per Account.
b. In case of multiple change requests occurring during the same month, this will normally be only the last request that we receive one will be recorded in any monththe system. The last modification recorded during the month of request will become effective from the first day of your next data cycle which is linked to your original installation datethe following month.
b. c. In case of downgrade from a higher to lower Package package a Downgrade Fee of £29.95 will be chargeable.
c. (g) With the availability of any new Services or changes to existing Services, we will tell you the Charges (or changes to the Charges) for these Services prior to accepting any order from you to implement any change of Service levels.
(h) We will normally send you an invoice or invoice schedule, which could be by e-mail, facsimile or post for your Services and any other valid Charges plus the Charges for any Services used at any earlier time if they have not previously been charged for (for example, Service upgrades during a previous billing period already invoiced in advance).
(i) Our required method of payment for ongoing Monthly (or Periodic) Service Charges is by Direct Debit or Prelevement only. A failed Direct Debit or Prelevement will incur a charge of 20€. In exceptional circumstances payment via Credit Card may be accepted at our discretion and will incur a 3% surcharge. If a Credit Card payment fails a charge of 10€ will be made.
(j) If we have tried to collect a payment on or around the Due Date but it has not been received by us within a period of up to a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (for persistent payment failures) disconnected. If we agree to re-connect your Services, a reconnection charge of £25 will be required to be paid before your Services are restored. Restoration of your Services may take up to three working days from the day that we receive full payment of any outstanding Charges.
(k) Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest from the Due Date until the payment is made in full (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) at 3% per annum over and above Barclays Bank plc base rate from time to time.
(l) We reserve the right at all times to vary the Charges for the Services, the Equipment and the installation. We will make reasonable efforts to give you notice by post, facsimile or e mail, or by some other direct means, before any such change to the charges occurs. If the charges are increasing, we will give you at least 30 days notice. Where we have increased our charges to you by more than 10% in any 12 month period, you may cancel this Agreement by giving us 30 days notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly (or Periodic) Service Charges and/or Equipment Rentals or any other Charges due under this Agreement up to the date of termination.
(m) After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last xxxx was calculated and the proportion of any Service charges which have accrued up to the next billing date. This termination is subject to the provisions of Clause 10 below.
(n) You agree that whilst Charges remain outstanding and/or your account is suspended, no changes are permitted to the level of Services that you receive and no additional Services can be ordered by you.
(o) Save as expressly set out in this Agreement, you shall not be entitled to suspend the payments under this Agreement, as a result of faults and/or defects of the service.
(p) All of our prices will clearly state the currency that they are quoted are in and are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
(q) If you ask us to downgrade from a Package that requires a Minimum Period to qualify, at our sole discretiondefault on more than two payments of the Charges in any rolling 12 month period, we may provide have the right to require you with a specific one-off Charge to Downgrade your Service. We may also require that you commit pay for the Charges quarterly in advance without entitlement to a new Minimum Period, normally being equal to the original Minimum Periodany prevailing discounts.
Appears in 1 contract
Samples: Terms and Conditions
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) The timely payment for Equipment, Services and all other Charges properly raised shall be considered to be the essence of this Agreement. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement.
(b) The Upfront Charges for the Services are those set out in our order confirmation email or our websites or those of any authorised third party partners. We will normally require you to pay the Upfront Charges before your Installation. Any Equipment being purchased outright by you remains our property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation have not been settled on demand, we retain the right to delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services.
(c) You must pay all the Charges that are due, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written notice from us to you.
(d) Our required method of payment for on-going Charges is by Direct Debit. It is your responsibility to provide us with a properly completed Direct Debit mandate in a timely manner. In the event that we are unable to receive payment for the Charges via Direct Debit for any reason that is not of our making, you provide your consent to us collecting payment by any other method including the use of other direct payment methods or using debit or credit card information that you have previously provided to us at any time. Payment for on-going Charges other than by Direct Debit may incur a handling charge of up to £25 per transaction plus a 3% surcharge per credit or debit Card transactions. Such charges represent additional costs incurred by us processing such payments plus the additional administration costs and 3rd party charges incurred using other payment methods.
(e) With most Packages you have the option to upgrade or downgrade your Service with the same Service ProviderSatellite Operator. Many of our promotional offers require you to maintain the Service level that you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service by requesting such a change in writing, such changes are subject to the following terms.
a. Only one downgrade request per month can be processed, this will normally be the last request that we receive in any month. The last modification recorded during the month will become effective from the first day of your next data cycle which is linked to your original installation date.
b. In case of downgrade from a higher to lower Package a Downgrade Fee of £29.95 will be chargeablebechargeable.
c. If you ask us to downgrade from a Package that requires a Minimum Period to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We may also require that you commit to a new Minimum Period, normally being equal to the original Minimum Period.
(f) We will normally provide you with a payment schedule, via email. Any other Charges including Charges for any Services used at any earlier time if they have not previously been charged for (eg. Package upgrades during a previous billing period charged in advance) will be added. As such, it is an important condition of this Agreement that you provide us with, and maintain at all times, a current email address that we can use for all communications with you. We reserve the right to charge an administration fee of £10 if you request us to re-send any document electronically. If you request a physical copy to be mailed or faxed, there is a charge of £20 perevent.
(g) If we have tried to collect a payment on the Due Date and it has not been received by us within a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (following two or more payment failures) disconnected. If we agree to re-connect your Services, there will be a reconnection charge of up to £25 plus VAT that you must pay before your Services are restored. Restoration of your Services may take up to three working days from the day we receive full payment of any outstanding Charges.
(h) Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest at 3% per annum above the Barclays Bank plc interest base rate from time to time on all overdue Charges from the Due Date until the payment is made infull.
(i) We reserve the right to vary the Charges for the Services, the Equipment, the Installation and any other Charges relevant to your Service. If the charges are increasing, we will give you at least 14 days written notice. This does not include changes arising from any promotional offers such as the reversion to RRP after the period of any Promotional Discount expires. Where we have increased our RRP for Monthly Service Charges to you by more than 15% in any 12 month period (unless such change was a specific term of a promotional offer that you accepted), you may cancel this Agreement by giving us 30 days notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly Service Charges, Equipment Rental, our Equipment return or any other Charges due under this Agreement up to the date oftermination.
(j) After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last bill was calculated and the proportion of any Service charges which will accrued up the proper termination date.
(k) Whilst Charges remain outstanding beyond the Due Date and/or your account is suspended or delinquent, we are not obligated to process any changes to the level of Services that you receive and we can suspend technical support to you until all overdue Charges are received by us.
(l) Save as expressly set out in this Agreement, you shall not suspend payments under this Agreement, as a result of faults and/or defects of the service.
(m) All of our prices will clearly state the currency that they are quoted are in and that they are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
(n) If you default (ie. settle the Charges after the Due Date) twice in any rolling 12-month period, we have the right to require you to pay for the Charges quarterly in advance without discount.
Appears in 1 contract
Samples: Terms and Conditions
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) The timely payment for Equipment, Services and all other Charges properly raised shall be considered to be the essence of this Agreement. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement.
(b) a. The Upfront Charges for the Services are those set out in our the order confirmation email or our websites form or those of any authorised third party partners. parties listed on the order form.
b. We will normally require you to pay the Upfront Charges before your Installation. Any Equipment being purchased outright by you remains our property until you have paid for it in full. Where If the Upfront Charges for Equipment and Installation have are not been settled on demandsettled, we retain reserve the right to delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had have provided to you in good faith in order and/or the right to facilitate the delivery of the Servicesremove all Equipment supplied, with or without prior notice.
(c) You must pay all the Charges that are due, together with any Value Added Tax and/or any other applicable taxes. c. Unless we agree otherwiseotherwise agreed in writing, we will bill xxxx you one billing period at regular intervals in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing periodCharges. You must pay the Charges your xxxx in full by the Due Date without any deduction of any sort deduction, offset or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise (or, if you choose self-installation, from the date specified in accordance with this Agreementclause 6d) unless we notify you otherwise. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else using the Equipment and or the Services with or without your consent. Unless stated otherwise, all prices quoted by us are exclusive of VAT (and/or any other taxes) at applicable rates from time to time and all Charges that appear on your xxxx are exclusive of VAT. We may vary our Charges from time to time by giving you at least one month’s notice and we may also alter your billing date or billing frequency/periodperiod from time to time by giving you at least 30 days’ notice. Any such changes If the change to billing frequency or period will cause you material detriment you can cancel the services by giving us notice of cancellation within 30 days of us notifying you. If you decide to cancel any element of the Services, you will still be provided with a minimum liable for the balance on your account including, but not limited to, any Charges due under this Agreement up to the date of 14 days termination.
d. We will normally send you an invoice, invoice schedule or receipt, which could be by e-mail, facsimile or post, for your Services and any other valid Charges.
e. We reserve the right to vary the Charges for the Services, the Equipment and the Installation. We will give you at least one month’s written notice from before any such change to the Charges occurs. If the Charges are increasing, you can cancel the Services by giving us notice of cancellation within 30 days of us notifying you. If you decide to cancel any element of the Services, you will still be liable for the balance on your account including, but not limited to, any Charges due under this Agreement up to the date of termination.
f. After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last xxxx was calculated and the proportion of any Service charges which have accrued up to the next billing date.
(d) With most Packages you have the option to upgrade g. Our Charges are based upon payment by credit card, debit card or downgrade your Service with the same Service Provider. Many of our promotional offers require you to maintain the Service level that you initially ordered from us for the minimum contract perioddirect debit. It is common that the higher-level Packages receive larger initial discountsyour responsibility to provide us with updated credit card, debit card and direct debit information in a timely manner to allow us to collect any and all on- going Charges. If we are unable to receive payment for the Charges via such means, you upgrade consent to a higher tier at us collecting payment by any timeother method, there is no upgrade charge but including the use of other direct payment methods or other information that you will have already provided to us.
h. Save as expressly set out in this Agreement, you shall not be entitled to suspend any retrospective promotional discountspayments under this Agreement, as a result of faults and/or defects of the Service.
i. It is important that you make full and timely payment of any Charges. If you wish do not pay Charges as and when they fall due, you accept that you have breached the terms of this Agreement and we shall have the right to downgrade during terminate this Agreement under clause 10(e) and recover all outstanding Charges due under this Agreement. This right is in addition to any other legal rights we may have against you.
j. If you do not pay all Charges due to us by the promotional period Due Date, we will may suspend the Services until all Charges have been paid. Restoration of your Services may take up to three Working Days from the day that we receive full payment of any outstanding Charges.
k. If the payment of Charges is more than five Working Days overdue, we reserve the right to charge you interest from the difference between Due Date until the relevant Charges that applied payment is made in full (irrespective of whether the date of payment is before or after any judgment or award) at 3% per annum above the point of Order for your initial and new Packages. We may also offer HSBC Plc base lending rate from time to time.
l. While Charges remain outstanding beyond the Due Date and/or your account is suspended, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert no changes are permitted to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service Services that you receive and no additional Services ordered by requesting such a change in writing, such changes are subject to the following terms.
a. Only one downgrade request per month you can be processed, this will normally be the last request that we receive in any month. The last modification recorded during the month will become effective from the first day of your next data cycle which is linked to your original installation dateactioned by us until all overdue Charges are received by us.
b. In case of downgrade from a higher to lower Package a Downgrade Fee of £29.95 will be chargeable.
c. If you ask us to downgrade from a Package that requires a Minimum Period to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We may also require that you commit to a new Minimum Period, normally being equal to the original Minimum Period.
Appears in 1 contract
Samples: Terms and Conditions
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) a. The timely payment for Equipment, the Services and all any other such Charges arising properly raised as a result of this Agreement shall be considered to be of the essence of this Agreementessence. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement. This right is in addition to any other legal rights we may have against you, which we may also rely upon.
b. You must pay all the Charges, which are due, together with any Value Added Tax, and/or any other taxes (bat applicable rates from time to time), which apply in relation to the Equipment or Services chargeable under this Agreement. Unless otherwise agreed in writing, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated during the previous billing period. You must pay your bill in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. Unless stated otherwise, all prices quoted by us and listed in our Website are inclusive of VAT and all Charges that appear on your bill are inclusive of VAT. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period.
c. If you buy or rent satellite broadband hardware “Customer Equipment” from us to avail yourself of our satellite airtime services, title to the Customer Equipment shall remain vested in SSW and shall not pass to you, the Customer, until the purchase price (or the agreed minimum number of rental payments) for the Customer Equipment has been paid in full and received by SSW. Until title to the Customer Equipment passes: SSW shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of Customer Equipment; SSW, its Reseller and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which Customer Equipment or any part are stored, or upon which SSW reasonably believes them to be kept; The Customer shall store or mark the Customer Equipment in a manner reasonably satisfactory to SSW indicating that title to Customer Equipment remains vested in SSW; and The customer shall insure the Customer Equipment to its full replacement value, and arrange for SSW to be noted on the policy of insurance as the loss payee. Irrespective of whether title to the Customer Equipment remains vested in SSW, risk in the Customer Equipment shall pass to the Customer upon delivery.
d. The Upfront Charges for the Services are those set out in our order confirmation email form or our websites or those of any authorised third party partners. We parties.
e. Any additional Charges for using the Services must be paid by you by the Due Date.
f. Subject to us reserving the right to carry out a suitable credit check on you at any point that we deem reasonable, we will normally require you to pay the Upfront Charges before your Installation. Any All Equipment being purchased outright by you remains our property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation installation have not been settled on demand, we retain reserve the right to charge a collection fee as detailed on our website from time to time and/or delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services.
(c) You must pay Services and/or the right to remove all the Charges that are dueequipment supplied, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written prior notice from us to you.
(d) With most Packages g. All of our Monthly Service Charges are based upon payment by you by credit or debit card. It is your responsibility to provide us with updated credit and debit card information in a timely manner to allow us to collect any and all on-going Charges. In the event that we are unable to receive payment for the Charges via payment card for any reason, you provide your consent to us collecting payment by any method, including the use of other direct payment methods or using other information that you have already provided to us.
h. Upgrade and Downgrade of the option to upgrade Service – unless you have selected a particular package or downgrade your Service with the same Service Provider. Many of our promotional offers require offer which requires you to maintain the Service a minimum level that of package, you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be are entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service assigned to your account by requesting such a change in writing, such changes are writing subject to the following terms.
a. 1. Only one operation of upgrade or downgrade request per calendar month can is allowed per Account.
2. SES Broadband S and Tooway 2 are promotional tariffs for new customers only, and existing customers on other tariffs cannot downgrade to these tariffs.
3. Tooway’s News Spotter and Europasat Sentinel service cannot be processeddowngraded.
4. In case of multiple change requests occurring during the same month, this will normally be only the last request that we receive one will be recorded in any monththe system. The last modification recorded during the month of request will become effective from the first day of your next data cycle which is linked to your original installation datethe following month.
b. 5. In case of downgrade from a higher to lower Package package a Downgrade Fee of £29.95 will be chargeable.
c. 6. If you ask us to downgrade your Service from a Package package that requires a Minimum Period minimum level of Monthly Service to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We will usually require settlement of this Charge prior to Downgrading your service. We may also require that you commit to a new Minimum Period, normally being equal 12 months.
i. With the availability of any new Services or changes to existing Services, we will tell you the Charges (or changes to the original Charges) for these Services prior to accepting any order from you to implement any change of Service levels.
j. We will normally send you an invoice, invoice schedule or receipt, which could be by e-mail, facsimile or post, for your Services and any other valid Charges plus the Charges for any Services used at any earlier time if they have not previously been charged for (for example, Service upgrades during a previous billing period already invoiced).
k. Our required method of payment for on-going Monthly (or Periodic) Service Charges is by Credit Card or Debit only. Payment via any other method at any time may incur a handling charge of up to £25 per transaction whichever sum is higher. Such charges represent additional costs incurred by us processing such payments or reflecting the additional administration costs incurred by us in using other payment methods. We may add such Charges to your account or we may ask for such Charges to be settled by you on demand depending on our assessment of the credit status of your account and whether it is or has been delinquent.
l. If we have tried to collect a payment on or around the Due Date but it has not been received by us within a period of up to a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (for persistent payment failures) disconnected. If we agree to reconnect your Services, there will be a reconnection charge that you are required to pay before your Services are restored. Restoration of your Services may take up to three working days from the day that we receive full payment of any outstanding Charges.
m. Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest from the Due Date until the payment is made in full (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) at 3% per annum above the HSBC Plc. base rate from time to time.
n. We reserve the right at all times to vary the Charges for the Services, the Equipment and the installation. We will make reasonable efforts to give you written notice before any such change to the charges occurs. If the charges are increasing, we will give you at least 30 days’ notice. Where we have increased our like for like charges to you by more than 10% in any 12 month period, you may cancel this Agreement by giving us 30 days’ notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly (or Periodic) Service Charges and/or Equipment Rentals or any other Charges due under this Agreement up to the date of termination.
o. After the Minimum PeriodPeriod has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last bill was calculated and the proportion of any Service charges which have accrued up to the next billing date. This termination is subject to the provisions of Clause 10 below.
p. You agree that whilst Charges remain outstanding beyond the Due Date and/or your account is suspended, no changes are permitted to the level of Services that you receive and no additional Services ordered by you can be actioned by us until all overdue Charges are received by us.
q. Save as expressly set out in this Agreement, you shall not be entitled to suspend the payments under this Agreement, as a result of faults and/or defects of the service.
r. All of our prices will clearly state the currency that they are quoted are in and are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
s. If you default on more than two payments of the Charges in any rolling 12-month period, we have the right to require you to pay for the Charges quarterly in advance without entitlement to any prevailing discounts.
Appears in 1 contract
Samples: Terms and Conditions for Satellite Broadband Services
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) a. The timely payment for Equipment, the Services and all any other such Charges arising properly raised as a result of this Agreement shall be considered to be of the essence of this Agreementessence. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement. This right is in addition to any other legal rights we may have against you, which we may also rely upon.
b. You must pay all the Charges, which are due, together with any Value Added Tax, and/or any other taxes (bat applicable rates from time to time), which apply in relation to the Equipment or Services chargeable under this Agreement. Unless otherwise agreed in writing, we will xxxx you one billing period in advance for the Services together with any outstanding Charges for Services activated during the previous billing period. You must pay your xxxx in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. Unless stated otherwise, all prices quoted by us and listed in our Website are inclusive of VAT and all Charges that appear on your xxxx are inclusive of VAT. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period.
c. If you buy or rent satellite broadband hardware “Customer Equipment” from us to avail yourself of our satellite airtime services, title to the Customer Equipment shall remain vested in SSW and shall not pass to you, the Customer, until the purchase price (or the agreed minimum number of rental payments) for the Customer Equipment has been paid in full and received by SSW. Until title to the Customer Equipment passes: SSW shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of Customer Equipment; SSW, its Reseller and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which Customer Equipment or any part are stored, or upon which SSW reasonably believes them to be kept; The Customer shall store or xxxx the Customer Equipment in a manner reasonably satisfactory to SSW indicating that title to Customer Equipment remains vested in SSW; and The customer shall insure the Customer Equipment to its full replacement value, and arrange for SSW to be noted on the policy of insurance as the loss payee. Irrespective of whether title to the Customer Equipment remains vested in SSW, risk in the Customer Equipment shall pass to the Customer upon delivery.
d. The Upfront Charges for the Services are those set out in our order confirmation email form or our websites or those of any authorised third party partners. We parties.
e. Any additional Charges for using the Services must be paid by you by the Due Date.
f. Subject to us reserving the right to carry out a suitable credit check on you at any point that we deem reasonable, we will normally require you to pay the Upfront Charges before your Installation. Any All Equipment being purchased outright by you remains our property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation installation have not been settled on demand, we retain reserve the right to charge a collection fee as detailed on our website from time to time and/or delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services.
(c) You must pay Services and/or the right to remove all the Charges that are dueequipment supplied, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written prior notice from us to you.
(d) With most Packages g. All of our Monthly Service Charges are based upon payment by you by credit or debit card. It is your responsibility to provide us with updated credit and debit card information in a timely manner to allow us to collect any and all on-going Charges. In the event that we are unable to receive payment for the Charges via payment card for any reason, you provide your consent to us collecting payment by any method, including the use of other direct payment methods or using other information that you have already provided to us.
h. Upgrade and Downgrade of the option to upgrade Service – unless you have selected a particular package or downgrade your Service with the same Service Provider. Many of our promotional offers require offer which requires you to maintain the Service a minimum level that of package, you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be are entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to change the level of Service assigned to your account by requesting such a change in writing, such changes are writing subject to the following terms.
a. 1. Only one operation of upgrade or downgrade request per calendar month can is allowed per Account.
2. SES Broadband S and Tooway 2 are promotional tariffs for new customers only, and existing customers on other tariffs cannot downgrade to these tariffs.
3. Tooway’s News Spotter and CAT Sat Wales Sentinel service cannot be processeddowngraded.
4. In case of multiple change requests occurring during the same month, this will normally be only the last request that we receive one will be recorded in any monththe system. The last modification recorded during the month of request will become effective from the first day of your next data cycle which is linked to your original installation datethe following month.
b. 5. In case of downgrade from a higher to lower Package package a Downgrade Fee of £29.95 will be chargeable.
c. 6. If you ask us to downgrade your Service from a Package package that requires a Minimum Period minimum level of Monthly Service to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We will usually require settlement of this Charge prior to Downgrading your service. We may also require that you commit to a new Minimum Period, normally being equal 12 months.
i. With the availability of any new Services or changes to existing Services, we will tell you the Charges (or changes to the original Charges) for these Services prior to accepting any order from you to implement any change of Service levels.
j. We will normally send you an invoice, invoice schedule or receipt, which could be by e-mail, facsimile or post, for your Services and any other valid Charges plus the Charges for any Services used at any earlier time if they have not previously been charged for (for example, Service upgrades during a previous billing period already invoiced).
k. Our required method of payment for on-going Monthly (or Periodic) Service Charges is by Credit Card or Debit only. Payment via any other method at any time may incur a handling charge of up to £25 per transaction whichever sum is higher. Such charges represent additional costs incurred by us processing such payments or reflecting the additional administration costs incurred by us in using other payment methods. We may add such Charges to your account or we may ask for such Charges to be settled by you on demand depending on our assessment of the credit status of your account and whether it is or has been delinquent.
l. If we have tried to collect a payment on or around the Due Date but it has not been received by us within a period of up to a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (for persistent payment failures) disconnected. If we agree to reconnect your Services, there will be a reconnection charge that you are required to pay before your Services are restored. Restoration of your Services may take up to three working days from the day that we receive full payment of any outstanding Charges.
m. Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest from the Due Date until the payment is made in full (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) at 3% per annum above the HSBC Plc. base rate from time to time.
n. We reserve the right at all times to vary the Charges for the Services, the Equipment and the installation. We will make reasonable efforts to give you written notice before any such change to the charges occurs. If the charges are increasing, we will give you at least 30 days’ notice. Where we have increased our like for like charges to you by more than 10% in any 12 month period, you may cancel this Agreement by giving us 30 days’ notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly (or Periodic) Service Charges and/or Equipment Rentals or any other Charges due under this Agreement up to the date of termination.
o. After the Minimum PeriodPeriod has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last xxxx was calculated and the proportion of any Service charges which have accrued up to the next billing date. This termination is subject to the provisions of Clause 10 below.
p. You agree that whilst Charges remain outstanding beyond the Due Date and/or your account is suspended, no changes are permitted to the level of Services that you receive and no additional Services ordered by you can be actioned by us until all overdue Charges are received by us.
q. Save as expressly set out in this Agreement, you shall not be entitled to suspend the payments under this Agreement, as a result of faults and/or defects of the service.
r. All of our prices will clearly state the currency that they are quoted are in and are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
s. If you default on more than two payments of the Charges in any rolling 12- month period, we have the right to require you to pay for the Charges quarterly in advance without entitlement to any prevailing discounts.
Appears in 1 contract
Samples: Terms and Conditions for Satellite Broadband Services
PAYMENT FOR THE EQUIPMENT AND SERVICES. (a) The timely payment for Equipment, Services and all other Charges properly raised shall be considered to be the essence of this Agreement. If you repeatedly do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement.
(b) The Upfront Charges for the Services are those set out in our order confirmation email or our websites or those of any authorised third party partners. We will normally require you to pay the Upfront Charges before your Installation. Any Equipment being purchased outright by you remains our remainsour property until you have paid for it in full. Where the Upfront Charges for Equipment and Installation have not been settled on demand, we retain the right to delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services.
(c) You must pay all the Charges that are due, together with any Value Added Tax and/or any other applicable taxes. Unless we agree otherwise, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated but not charged during any previous billing period. You must pay the Charges in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Monthly Service Charges from the day on which we first make the Services available to you or otherwise in accordance with this Agreement. You agree that you are liable for any Charges incurred irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 14 days written notice from us to you.
(d) With most Packages you have the option to upgrade or downgrade your Service with the same Service Provider. Many of our promotional offers require you to maintain the Service level that you initially ordered from us for the minimum contract period. It is common that the higher-level Packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be entitled to any retrospective promotional discounts. If you wish to downgrade during the promotional period we will charge you the difference between the relevant Charges that applied at the point of Order for your initial and new Packages. We may also offer from time to time, promotional discounted Charges for a specific period of time after which time the Charges will automatically revert to the higher notified rate, normally our standard Recommended Retail Rate (“RRP”). Such rates will be included on our website for all current Packages. If you wish us to usto change the level of Service by requesting such a change in writing, such changes are subject to the following terms.
a. Only one downgrade request per month can be processed, this will normally be the last request that we receive in any month. The last modification recorded during the month will become effective from the first day of your next data cycle which is linked to your original installation date.
b. In case of downgrade from a higher to lower Package a Downgrade Fee of £29.95 will be chargeable.
c. If you ask us to downgrade from a Package that requires a Minimum Period to qualify, at our sole discretion, we may provide you with a specific one-off Charge to Downgrade your Service. We may also require that you commit to a new Minimum Period, normally being equal to the original Minimum Period.
Appears in 1 contract
Samples: Terms and Conditions
