Common use of PRICES, DISCOUNTS AND PAYMENT Clause in Contracts

PRICES, DISCOUNTS AND PAYMENT. 3.1 The Reseller shall pay the Fees invoiced to it by Vendor within 30 days of the date of the invoice. Such payment shall be in full and upfront on a non-cancellable, non-refundable basis without any deduction whatsoever for the entire Term. Payment by check is not accepted by Vendor. The Reseller shall be free to set the price for the Products for resale to End User. 3.2 The Reseller acknowledges that this agreement contemplates that the Vendor will not be responsible for any taxes with respect to any transactions or payments contemplated by or pursuant to this agreement. Accordingly, payments required to be made by the Reseller to the Vendor pursuant to this agreement shall be the gross amount without deduction for any taxes, including any sales tax, use tax, value added tax or non-resident withholding taxes which may be imposed on payments by the Reseller to the Vendor. 3.3 If the Reseller is required to deduct any withholding tax or other tax from any payment to the Vendor, then the amount payable shall be increased by such amount as is necessary to make the actual amount received (after such withholding tax and after any additional taxes on account of such additional payment) equal to the amount that would have been received had no withholding been required. In that case, the Reseller shall pay the amount required to be withheld to the applicable taxing authority and shall promptly deliver to the Vendor receipts of applicable governmental authorities showing that all taxes were properly withheld in compliance with applicable law. 3.4 Where Reseller is in possession of a valid Resale Certificate (USA) or similar, Reseller shall provide this to Vendor for compliance purposes. 3.5 Any and all expenses, costs and charges incurred by the Reseller in the performance of its obligations under this agreement shall be paid and borne by the Reseller. 3.6 Without prejudice to and in addition to any other rights and remedies the Vendor might have, the Reseller shall pay to the Vendor interest on any monies due to the Vendor which remain unpaid at the rate of eight per cent (8%) for the time being in force or the maximum rate permitted by law in the Territory if lower from the date such sum falls due until the date of actual payment and compounded monthly.

PRICES, DISCOUNTS AND PAYMENT. 3.1 The Reseller shall pay the Fees invoiced to it by Vendor within 30 days of the date of the invoice. Such payment shall be in full and upfront on a non-cancellable, non-refundable basis without any deduction whatsoever for the entire Term. Payment by check is not accepted by Vendor. The Reseller shall be free to set the price for the Products for resale to End User. 3.2 The Reseller acknowledges that this agreement contemplates that the Vendor will not be responsible for any taxes with respect to any transactions or payments contemplated by or pursuant to this agreement. Accordingly, payments required to be made by the Reseller to the Vendor pursuant to this agreement shall be the gross amount without deduction for any taxes, including any sales tax, use tax, value added tax or non-resident withholding taxes which may be imposed on payments by the Reseller to the Vendor. 3.3 If the Reseller is required to deduct any withholding tax or other tax from any payment to the Vendor, then the amount payable shall be increased by such amount as is necessary to make the actual amount received (after such withholding tax and after any additional taxes on account of such additional payment) equal to the amount that would have been received had no withholding been required. In that case, the Reseller shall pay the amount required to be withheld to the applicable taxing authority and shall promptly deliver to the Vendor receipts of applicable governmental authorities showing that all taxes were properly withheld in compliance with applicable law. 3.4 Where Reseller is in possession of a valid Resale Certificate (USA) or similar, Reseller shall provide this to Vendor for compliance purposes. 3.5 Any and all expenses, costs and charges incurred by the Reseller in the performance of its obligations under this agreement shall be paid and borne by the Reseller. 3.6 Without prejudice to and in addition to any other rights and remedies the Vendor might have, the Reseller shall pay to the Vendor interest on any monies due to the Vendor which remain unpaid at the rate of eight per cent (8%) for the time being in force or the maximum rate permitted by law in the Territory if lower from the date such sum falls due until the date of actual payment and compounded monthly.

PRICES, DISCOUNTS AND PAYMENT. 3.1 6.1. The Charges (which will include the discounts) shall be set out in the relevant Customer Order Form(s). All Charges are billed in accordance with the General Terms and Conditions stated exclusive of VAT and any similar tax or duty, which, if applicable, shall be payable by Reseller and invoiced by HUGE at the then prevailingrate. 6.2. Prior to the provision of the Service, HUGE shall conduct such tests as it considers to be appropriate to determine that all necessary work has been done to provide the Service to the Customer and upon successful completion of such tests, HUGE shall use reasonable endeavours to deliver a Completion of Connection Notification to the Customer. Web-based speed-tests are not reliable and will not be accepted as conclusive proof of non-performance by HUGE. 6.3. Following the relevant Completion of Connection or Effective Date of each Service, HUGE shall invoice Reseller for the Charges, on either a monthly, quarterly or annual basis as applicable for the relevant Service. Reseller shall pay the Fees invoiced to it by Vendor such invoice within 30 seven (7) days of from the date of receipt of invoice. 6.4. HUGE may elect to submit a single consolidated invoice to Reseller for all Services, but it is under no obligation to do so and the invoiceReseller cannot require it. 6.5. Such payment HUGE shall be in full deliver equipment directly to the Reseller and upfront on a non-cancellable, non-refundable basis without any deduction whatsoever for the entire Term. Payment by check is not accepted by Vendor. The Reseller shall be free responsible for distribution and installation of the equipment to set its Customers, unless specifically agreed to the price contrary in writing, in which event HUGE shall provide onsite installation on behalf of the Reseller on a time and materials basis. 6.6. HUGE warrants that the pricing provided to the Reseller in terms of this Agreement shall at all times throughout the duration of this Agreement, be no higher than the HUGE pricing offered to other of its customers where such other customers are purchasing the same services for the Products for resale to End User. 3.2 The Reseller acknowledges that this agreement contemplates that same duration or less and same volumes or less as the Vendor will not be responsible for any taxes with respect to any transactions or payments contemplated by or pursuant to this agreement. Accordingly, payments required to be made services purchased by the Reseller herein (hereinafter “Preferential Pricing”). In the event that Preferential Pricing is offered by HUGE to the Vendor pursuant to this agreement shall be the gross amount without deduction for any taxes, including any sales tax, use tax, value added tax or non-resident withholding taxes which may be imposed on payments by the Reseller to the Vendor. 3.3 If the Reseller is required to deduct any withholding tax or other tax from any payment to the Vendorof its customers, then pricing under this Agreement shall immediately be revised such that it is the amount payable shall be increased by such amount same as is necessary to make or lower than the actual amount received (after such withholding tax Preferential Pricing, and after any additional taxes on account of such additional payment) equal to the amount that would have been received had no withholding been required. In that case, revised pricing for the Reseller shall pay the amount required to be withheld to the applicable taxing authority and shall promptly deliver to the Vendor receipts of applicable governmental authorities showing that all taxes were properly withheld in compliance with applicable law. 3.4 Where Reseller is in possession of a valid Resale Certificate (USA) or similar, Reseller shall provide this to Vendor for compliance purposes. 3.5 Any and all expenses, costs and charges incurred by the Reseller in the performance of its obligations under this agreement shall be paid and borne by the Reseller. 3.6 Without prejudice to and in addition to any other rights and remedies the Vendor might have, the Reseller shall pay to the Vendor interest on any monies due to the Vendor which remain unpaid at the rate of eight per cent (8%) for the time being in force or the maximum rate permitted by law in the Territory if lower effective from the date such sum falls due until that the date Preferential Pricing was first offered to one or more of actual payment and compounded monthlythe other customers.

PRICES, DISCOUNTS AND PAYMENT. 3.1 The Reseller shall pay the Fees invoiced to it by Vendor within 30 days of the date of the invoice. Such payment shall be in full and upfront on a non-cancellable, non-non- refundable basis without any deduction whatsoever for the entire Term. Payment by check is not accepted by Vendor. The Reseller shall be free to set the price for the Products for resale to End User. 3.2 The Reseller acknowledges that this agreement contemplates that the Vendor will not be responsible for any taxes with respect to any transactions or payments contemplated by or pursuant to this agreement. Accordingly, payments required to be made by the Reseller to the Vendor pursuant to this agreement shall be the gross amount without deduction for any taxes, including any sales tax, use tax, value added tax or non-resident withholding taxes which may be imposed on payments by the Reseller to the Vendor. 3.3 If the Reseller is required to deduct any withholding tax or other tax from any payment to the Vendor, then the amount payable shall be increased by such amount as is necessary to make the actual amount received (after such withholding tax and after any additional taxes on account of such additional payment) equal to the amount that would have been received had no withholding been required. In that case, the Reseller shall pay the amount required to be withheld to the applicable taxing authority and shall promptly deliver to the Vendor receipts of applicable governmental authorities showing that all taxes were properly withheld in compliance with applicable law. 3.4 Where Reseller is in possession of a valid Resale Certificate (USA) or similar, Reseller shall provide this to Vendor for compliance purposes. 3.5 Any and all expenses, costs and charges incurred by the Reseller in the performance of its obligations under this agreement shall be paid and borne by the Reseller. 3.6 3.5 Without prejudice to and in addition to any other rights and remedies the Vendor might have, the Reseller shall pay to the Vendor interest on any monies due to the Vendor which remain unpaid at the rate of eight per cent (8%) for the time being in force or the maximum rate permitted by law in the Territory if lower from the date such sum falls due until the date of actual payment and compounded monthly.