Common use of Payment, Late Fees, and Other Charges Clause in Contracts

Payment, Late Fees, and Other Charges. When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method. Subscriber agrees to pay all charges due and payable under the Agreement without counterclaim, set-off or deduction, other than amounts disputed. Failure to pay in full may result in immediate suspension of services and Broadvoice shall have no liability for such suspension under any circumstances. During the period of suspension, Services will be unavailable to Subscriber until the account balance is paid in full. If subscriber reasonably disputes an invoice, Subscriber must pay the undisputed amounts and provide written notice of the disputed amounts. Failure to dispute a charge within a 30-day period shall constitute an irrevocable waiver of Subscriber’s right to dispute the charge, unless otherwise provided by law. The parties shall attempt to resolve the dispute in good faith for a period of 30 days from the notice. If any charges remain in dispute at the end of the 30-day period, Subscriber shall pay the full amount due within 10 days, otherwise Broadvoice may exercise any available remedies for breach (without regard to any further notice requirement or opportunity for cure under this Agreement, which shall be deemed waived). If Subscriber does not deliver full payment for all billed charges by the due date, Broadvoice may restrict, suspend or terminate use of the services. Broadvoice may also apply any deposits or other payments made by Subscriber. If Broadvoice restricts, suspends or terminates Subscriber’s services, Broadvoice may, at its sole discretion, choose to restore Subscriber’s services prior to the payment of all charges due. Such restoration shall not be construed as a waiver of Broadvoice’s right to receive full payment for all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid charges. The failure of Broadvoice to restrict, suspend or terminate the Services for non-payment of any charges shall not operate as a waiver or estoppel to restrict, suspend or terminate services of such account for non-payment of current or future charges. All prepaid fees and other payments by Subscriber under this Agreement are non-refundable and non-creditable. There are no pro- rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Broadvoice will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, Broadvoice will continue to electronically charge any credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a fifteen-dollar ($15.00) reconnection fee. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five-dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five-dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater. Subscriber is responsible for all charges attributable to its account incurred with respect to the Services. Subscriber agrees to notify Broadvoice immediately, in writing or by calling the Broadvoice customer care line at 0-000-000-0000, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. Broadvoice, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold Broadvoice harmless from all claims, costs, liabilities and damages arising out of such fraudulent or unauthorized use.

Appears in 3 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

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Payment, Late Fees, and Other Charges. When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method. Subscriber agrees to pay all charges due and payable under the Agreement without counterclaim, set-off or deduction, other than amounts disputed. Failure to pay in full may result in immediate suspension of services and Broadvoice shall have no liability for such suspension under any circumstances. During the period of suspension, Services will be unavailable to Subscriber until the account balance is paid in full. If subscriber reasonably disputes an invoice, Subscriber must pay the undisputed amounts and provide written notice of the disputed amounts. Failure to dispute a charge within a 30-day period shall constitute an irrevocable waiver of Subscriber’s right to dispute the charge, unless otherwise provided by law. The parties shall attempt to resolve the dispute in good faith for a period of 30 days from the notice. If any charges remain in dispute at the end of the 30-30- day period, Subscriber shall pay the full amount due within 10 days, otherwise Broadvoice may exercise any available remedies for breach (without regard to any further notice requirement or opportunity for cure under this Agreement, which shall be deemed waived). If Subscriber does not deliver full payment for all billed charges by the due date, Broadvoice may restrict, suspend or terminate use of the services. Broadvoice may also apply any deposits or other payments made by Subscriber. If Broadvoice restricts, suspends or terminates Subscriber’s services, Broadvoice may, at its sole discretion, choose to restore Subscriber’s services prior to the payment of all charges due. Such restoration shall not be construed as a waiver of Broadvoice’s right to receive full payment for all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid charges. The failure of Broadvoice to restrict, suspend or terminate the Services for non-payment of any charges shall not operate as a waiver or estoppel to restrict, suspend or terminate services of such account for non-payment of current or future charges. All prepaid fees and other payments by Subscriber under this Agreement are non-refundable and non-creditable. There are no pro- pro-rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Broadvoice will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, Broadvoice will continue to electronically charge any credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a fifteen-dollar ($15.00) reconnection fee. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five-dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five-dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater. Subscriber is responsible for all charges attributable to its account incurred with respect to the Services. Subscriber agrees to notify Broadvoice immediately, in writing or by calling the Broadvoice customer care line at 0-000-000-0000, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. Broadvoice, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold Broadvoice harmless from all claims, costs, liabilities and damages arising out of such fraudulent or unauthorized use.

Appears in 2 contracts

Samples: Master Service Agreement, Master Service Agreement

Payment, Late Fees, and Other Charges. When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 90 calendar days after you terminate our authority to charge your payment method. Subscriber agrees to pay all charges due and payable under the Agreement without counterclaim, set-off or deduction, other than amounts disputed. Failure to pay in full may result in immediate suspension of services and Broadvoice Subscription Service shall have no liability for such suspension under any circumstances. During the period of suspension, Services will be unavailable to Subscriber until the account balance is paid in full. If subscriber reasonably disputes an invoice, Subscriber must pay the undisputed amounts and provide written notice of the disputed amounts. Failure to dispute a charge within a 30-day period shall constitute an irrevocable waiver of Subscriber’s right to dispute the charge, unless otherwise provided by law. The parties shall attempt to resolve the dispute in good faith for a period of 30 days from the notice. If any charges remain in dispute at the end of the 30-day period, Subscriber shall pay the full amount due within 10 days, otherwise Broadvoice Subscription Service may exercise any available remedies for breach (without regard to any further notice requirement or opportunity for cure under this Agreement, which shall be deemed waived). If Subscriber does not deliver full payment for all billed charges by the due date, Broadvoice Subscription Service may restrict, suspend or terminate use of the services. Broadvoice Subscription Service may also apply any deposits or other payments made by Subscriber. If Broadvoice Subscription Service restricts, suspends or terminates Subscriber’s services, Broadvoice Subscription Service may, at its sole discretion, choose to restore Subscriber’s services prior to the payment of all charges due. Such restoration shall not be construed as a waiver of BroadvoiceSubscription Service’s right to receive full payment for all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid charges. The failure of Broadvoice Subscription Service to restrict, suspend or terminate the Services for non-non- payment of any charges shall not operate as a waiver or estoppel to restrict, suspend or terminate services of such account for non-payment of current or future charges. All prepaid fees and other payments by Subscriber under this Agreement are non-refundable and non-creditable. There are no pro- pro-rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Broadvoice Subscription Service will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-non- payment. In the event that an account is terminated for any reason with an outstanding balance, Broadvoice Subscription Service will continue to electronically charge any credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended In the event that (i) the Termination Date occurs, for non-payment any reason, or (ii) the Subscriber elects to permanently reduce in full or in part the Commitments, then in each case the Subscriber shall pay to the Subscription Service a fee (the “Early Termination Fee”) in respect of amounts which are subject or become payable by reason thereof equal to a fifteen-dollar ($15.00) reconnection fee. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five-dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five-dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half hundred percent (1.5100%) of the past due balance or one dollar ($1.00), whichever is greaterremaining term balance. Subscriber is responsible for all charges attributable All parties to its this Agreement agree and acknowledge that the Subscription Service will have suffered damages on account incurred with respect to of the Services. Subscriber agrees to notify Broadvoice immediatelyearly termination of this Agreement and that, in writing or by calling the Broadvoice customer care line at 0-000-000-0000, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use view of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. Broadvoice, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold Broadvoice harmless from all claims, costs, liabilities and damages arising out difficulty in ascertaining the amount of such fraudulent or unauthorized usedamages, the Early Termination Fee constitutes reasonable compensation and liquidated damages to compensate the Subscriber on account thereof.

Appears in 1 contract

Samples: Gold Managed Services Agreement

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Payment, Late Fees, and Other Charges. When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery and administrative fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method. Subscriber agrees to pay all charges due and payable under the Agreement without counterclaim, set-off or deduction, other than amounts disputed. Failure to pay in full may result in immediate suspension of services and Broadvoice shall have no liability for such suspension under any circumstances. During the period of suspension, Services will be unavailable to Subscriber until the account balance is paid in full. If subscriber reasonably disputes an invoice, Subscriber must pay the undisputed amounts and provide written notice of the disputed amounts. Failure to dispute a charge within a 30-day period shall constitute an irrevocable waiver of Subscriber’s right to dispute the charge, unless otherwise provided by law. The parties shall attempt to resolve the dispute in good faith for a period of 30 days from the notice. If any charges remain in dispute at the end of the 30-day period, Subscriber shall pay the full amount due within 10 days, otherwise Broadvoice may exercise any available remedies for breach (without regard to any further notice requirement or opportunity for cure under this Agreement, which shall be deemed waived). If Subscriber does not deliver full payment for all billed charges by the due date, Broadvoice may restrict, suspend or terminate use of the services. Broadvoice may also apply any deposits or other payments made by Subscriber. If Broadvoice restricts, suspends or terminates Subscriber’s services, Broadvoice may, at its sole discretion, choose to restore Subscriber’s services prior to the payment of all charges due. Such restoration shall not be construed as a waiver of Broadvoice’s right to receive full payment for all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid charges. The failure of Broadvoice to restrict, suspend or terminate the Services for non-payment of any charges shall not operate as a waiver or estoppel to restrict, suspend or terminate services of such account for non-payment of current or future charges. All prepaid fees and other payments by Subscriber under this Agreement are non-refundable and non-creditable. There are no pro- rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Broadvoice will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, Broadvoice will continue to electronically charge any credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a fifteen-dollar ($15.00) reconnection fee. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five-dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five-dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater. Subscriber is responsible for all charges attributable to its account incurred with respect to the Services. Subscriber agrees to notify Broadvoice immediately, in writing or by calling the Broadvoice customer care line at 0-000-000-0000, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. You are solely responsible for securing all passwords and access numbers to guard against and prevent unauthorized access to Services by third parties. Broadvoice, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold Broadvoice harmless from all claims, costs, liabilities and damages arising out of such fraudulent or unauthorized use.

Appears in 1 contract

Samples: Master Service Agreement

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