Payments and Invoicing. 4.1 The Company shall pay the fees set out in the Schedule II. 4.2 Apart from any sums which are stated in the Schedule II to be payable in accordance with a specified payment timetable, all sums payable by the Company to Experian will be invoiced monthly in arrears. All invoices are payable in cleared funds within 30 days after the receipt of the relevant invoice by the Company. Experian’s records of the Companies use of the Services shall be used as the basis for calculation of fees payable for the Services unless there is evidence of such records being incorrect and Experian shall make such records available to the Company for inspection. 4.3 Unless stated in the Schedule II, all fees specified shall be exclusive of all reasonable out of pocket expenses which shall, where agreed by the Company, be payable in addition by the Company. Experian shall provide receipts or other reasonable evidence to the Company of all out of pocket expenses. 4.4 If any sum payable by the Company to Experian is not paid in cleared funds by its due date, Experian shall be entitled to charge interest on the overdue amount at 15% per annum on the overdue amount. Interest will accrue on a daily basis from the due date up to the date of actual payment, after as well as before judgment. 4.5 If under this Agreement the Company agrees in the Schedule II to pay a Minimum Fee over any particular period, and it does not meet such Minimum Fee requirement in that period, Experian shall be entitled to invoice the Company for the difference between the relevant fees actually payable in respect of that period and such Minimum Fee. Any such amount shall be payable to Experian as a debt and the provisions of Clause 4.4 shall also apply hereto. 4.6 All sums referred to in this Agreement are exclusive of service tax, and duties (present and future) of whatsoever nature with respect to this transaction or any other taxes as may be applicable; such taxes shall be payable on the same payment terms as apply to the sums to which the taxes as referred to hereinabove relate. 4.7 The fees set out in the Schedule II will be fixed unless renegotiated as mutually agreed between the parties hereto.
Appears in 3 contracts
Samples: Credit Information Services Agreement, Credit Information Services Agreement, Credit Information Services Agreement
Payments and Invoicing. 4.1 3.1. The Company Reseller shall pay the fees set out in the Schedule IISchedule.
4.2 3.2. Apart from any sums which are stated in the Schedule II to be payable in accordance with a specified payment timetable, all sums payable by the Company Reseller to Experian will be invoiced monthly in arrears. All invoices are payable by the Reseller in cleared funds within 30 days after of the receipt date of the relevant invoice by the Companyinvoice. Experian’s records of the Companies Reseller’s use of the Services shall be used as the basis for calculation of fees payable for the Services unless there is evidence of such records being incorrect and Experian shall make such records available to the Company Reseller for inspection. If the Resellerr (acting reasonably and in good faith) believes that the amount of any invoice submitted by Experian under this Agreement is incorrect, the Reseller shall notify Experian of this and the reasons for this belief and of the amount of the invoice which it believes to be incorrect (the “Disputed Amount”). Provided that any such notification and payment of the invoice other than the Disputed Amount have been received by Experian by the due date for payment of the invoice (the “Due Date”), the Reseller shall be entitled to withhold payment of the Disputed Amount until the date on which the relevant dispute is resolved by the parties. Both parties shall act reasonably and promptly in attempting to resolve any such dispute.
4.3 3.3. Unless stated otherwise in the Schedule IISchedule, all fees specified shall be exclusive of all reasonable out of pocket expenses which shall, where agreed by the CompanyReseller, be payable in addition by the CompanyReseller. Experian shall provide receipts or other reasonable evidence to the Company Reseller of all out of pocket expenses.
4.4 3.4. If any sum payable by the Company Reseller to Experian other than a Disputed Amount is not paid in cleared funds by its due date, subject to Clause 3.2., Experian shall be entitled to charge interest on the overdue amount at 152% per annum on the overdue amountabove Barclays Bank plc’s base rate from time to time. Interest will accrue on a daily basis from the due date up to the date of actual payment, after as well as before judgment. In addition, Experian shall, on giving written notice to the Reseller, be entitled to suspend provision of the Services with immediate effect until the overdue amount is paid in full.
4.5 3.5. If under this Agreement the Company Reseller agrees in the Schedule II to pay a Minimum Fee over any particular period, and it does not meet such Minimum Fee requirement in that period, Experian shall be entitled (without prejudice to any other rights and remedies it may have) to invoice the Company Reseller for the difference between the relevant fees actually payable in respect of that period and such Minimum Fee. Any such amount shall be payable to Experian as a debt and the provisions of Clause 4.4 shall also apply heretodebt.
4.6 3.6. All sums referred to in this Agreement are exclusive of service tax, and duties (present and future) of whatsoever nature with respect to this transaction VAT or any other taxes as may be similar sales or turnover tax (if applicable); such taxes shall be payable on the same payment terms as apply to the sums to which the taxes as referred to hereinabove relate.
4.7 3.7. The fees set out in the Schedule II will be fixed unless renegotiated as mutually agreed between until increased on the parties heretonext (and on each subsequent) Price Indexation Date. Any such increase shall not exceed the relevant increase in the Relevant Index over the corresponding period from the last Price Indexation Date.
Appears in 2 contracts
Samples: Reseller Agreement, Reseller Agreement
Payments and Invoicing. 4.1 3.1. The Company Client shall pay the fees Charges set out in and/or referred to in the Schedule IIOrder Confirmation. All sums referred to in this Agreement are exclusive of VAT.
4.2 Apart from any sums which are 3.2. Experian will invoice the Client as stated in the Schedule II to be payable in accordance with a specified payment timetable, all sums payable by the Company to Experian will be invoiced monthly in arrearsOrder Confirmation.
3.3. All invoices are payable in cleared funds within 30 days after the receipt of the relevant invoice by the CompanyClient. Experian’s records of the Companies use of the Services shall be used as the basis for calculation of fees payable for the Services unless there is evidence of such records being incorrect and Experian shall make such records available to the Company for inspection.
4.3 Unless stated in the Schedule II, all fees specified shall be exclusive of all reasonable out of pocket expenses which shall, where agreed by the Company, be payable in addition by the Company. Experian shall provide receipts or other reasonable evidence to the Company of all out of pocket expenses.
4.4 If any sum payable by the Company Client to Experian is not paid in cleared funds by its due date, Experian shall be entitled to charge interest on the overdue amount at 152% per annum on the overdue amountabove Barclays Bank plc’s base rate from time to time. Interest will accrue on a daily basis from the due date up to the date of actual payment, after as well as before judgment.
4.5 If under this Agreement the Company agrees 3.4. Unless stated in the Schedule II Order Confirmation, all Charges specified shall be exclusive of all reasonable out of pocket expenses, which shall, where agreed by the Client, be payable in addition by the Client. Experian shall provide receipts or other reasonable evidence to pay a Minimum Fee over any particular period, and it the Client of all out of pocket expenses
3.5. If the Client does not meet such Minimum Fee any minimum fee requirement in that perioda period as referred to in the Order Confirmation (if applicable), Experian shall be entitled to invoice the Company Client for the difference between the relevant fees Charges actually payable in respect of that period and such Minimum Feethat minimum fee. Any such amount shall be payable to Experian as a debt and the provisions of Clause 4.4 shall also apply heretodebt.
4.6 All sums referred to 3.6. Unless otherwise stated in this Agreement are exclusive of service taxthe Order Confirmation, and duties (present and future) of whatsoever nature with respect to this transaction or any other taxes as may be applicable; such taxes shall be payable on the same payment terms as apply to the sums to which the taxes as referred to hereinabove relate.
4.7 The fees Charges set out in the Schedule II Order Confirmation will be fixed unless renegotiated until increased on the date(s) set out in the Order Confirmation or, if none, then each anniversary of the Commencement Date. Any such increase shall not exceed the percentage increase over the 12 months prior to the increase taking effect:
3.6.1. in the relevant managerial and/or professional band of the HAY Index produced by The HAY Group Management Limited (Company No 763575) based on the financial provincial scales for systems staff in the managerial and professional bands as mutually the case may be (in the case of man day rates);
3.6.2. in the Retail Prices Index published by the Central Statistical Office (in the case of all other Charges).
3.7. If any index referred to in Clause 3.6 ceases to be published then a broadly equivalent index as may be agreed between by the parties heretowill be used as a substitute.
3.8. The Client acknowledges that access to the Product may be denied if Charges are not paid
4.1. Experian’s Product and Services are not intended to be used as the sole basis for any business decision, and are based upon data and other materials which are provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Experian to guarantee. Experian’s Product and Services also involve models and techniques based on statistical analysis, probability and predictive behaviour. Experian is therefore not able to accept any liability, other than under Clause 1.1, for:
4.1.1. any inaccuracy, incompleteness or other error in the Product, the Services and/or the Information which arises as a result of data or other materials provided to Experian by the Client or any third party;
4.1.2. any failure of the Product or Services to achieve any particular result for the Client.
4.2. Unless otherwise stated in the Order Confirmation the Client shall accept the Product upon the first access to the Product using the user name and password provided to the Client.
Appears in 1 contract
Payments and Invoicing. 4.1 3.1. The Company Reseller shall pay the fees set out in the Schedule IISchedule.
4.2 3.2. Apart from any sums which are stated in the Schedule II to be payable in accordance with a specified payment timetable, all sums payable by the Company Reseller to Experian will be invoiced monthly in arrears. All invoices are payable in cleared funds within 30 days after of the receipt date of the relevant invoice by the CompanyReseller. Experian’s records of the Companies Reseller’s use of the Services shall be used as the basis for calculation of fees payable for the Services unless there is evidence of such records being incorrect and Experian shall make such records available to the Company Reseller for inspection.
4.3 3.3. Unless stated otherwise in the Schedule IISchedule, all fees specified shall be exclusive of all reasonable out of pocket expenses which shall, where agreed by the CompanyReseller, be payable in addition by the CompanyReseller. Experian shall provide receipts or other reasonable evidence to the Company Reseller of all out of pocket expenses.
4.4 3.4. If any sum payable by the Company Reseller to Experian is not paid in cleared funds by its due date, Experian shall be entitled to charge interest on the overdue amount at 152% per annum on the overdue amountabove Barclays Bank plc’s base rate from time to time. Interest will accrue on a daily basis from the due date up to the date of actual payment, after as well as before judgment. In addition, Experian shall, on giving written notice to the Reseller, be entitled to suspend provision of the Services with immediate effect until the overdue amount is paid in full.
4.5 3.5. If under this Agreement the Company Reseller agrees in the Schedule II to pay a Minimum Fee over any particular period, and it does not meet such Minimum Fee requirement in that period, Experian shall be entitled (without prejudice to any other rights and remedies it may have) to invoice the Company Reseller for the difference between the relevant fees actually payable in respect of that period and such Minimum Fee. Any such amount shall be payable to Experian as a debt and the provisions of Clause 4.4 shall also apply heretodebt.
4.6 3.6. All sums referred to in this Agreement are exclusive of service tax, and duties (present and future) of whatsoever nature with respect to this transaction VAT or any other taxes as may be similar sales or turnover tax (if applicable); such taxes shall be payable on the same payment terms as apply to the sums to which the taxes as referred to hereinabove relate.
4.7 3.7. The fees set out in the Schedule II will be fixed unless renegotiated as mutually agreed between until increased on the parties heretonext (and on each subsequent) Price Indexation Date. Any such increase shall not exceed the relevant increase in the Relevant Index over the corresponding period from the last Price Indexation Date.
Appears in 1 contract
Samples: Reseller Agreement