Common use of PRICES & PAYMENT TERM Clause in Contracts

PRICES & PAYMENT TERM. 2.1. The prices for the Managed Services shall be listed in the SOW, or under a valid quote provided by AudioCodes or its authorized distributor/reseller. Payment of the one-time professional services setup fees detailed in the SOW or quote shall be paid by the Customer up-front upon invoicing. Payment of the recurring Managed Services fees for operational services shall be made by the Customer in periodic installments as agreed upon in the SOW or quote. All payments (recurring and one-time fees) shall be paid within 30 days from invoice, unless otherwise agreed upon in the specific SOW. Any amounts not paid when due will accrue interest at 1% per month or the maximum rate permitted under applicable law from the due date until actually paid by Customer. All payments are non-refundable. All Fees are exclusive of any present or future sales, revenue, withholding, value added, or tax, import duty or other taxes applicable to Managed Services. Such taxes when applicable shall be paid by Customer unless Customer provides a proper tax exemption certificate. 2.2. If Customer purchases the Managed Services through one of AudioCodes authorized distributors or resellers, the prices and payment terms shall be separately agreed upon between the Customer and the distributor/reseller. Breach of Customer’s obligations to distributor/reseller, and in particular Customer’s payment obligations, shall be considered a material breach of this Agreement and AudioCodes may apply any of its rights under this Agreement or by law in case of such material breach. 2.3. Site expansion or addition of sites (data center, customer site, environment, cloud): In case Customer requires a site expansion of the Managed Services (i.e. add additional users or sessions as defined in the SOW, equipment etc.), or an addition of a new site, each Customer’s employee with access to the AudioCodes service portal shall log on to such portal and shall place a request for such expansion of addition. Upon receipt of such request, AudioCodes will be authorized to request that the Customer or the authorized distributor or reseller, issues a purchase order with regards to such request and Customer shall be obliged to issue such purchase order, directly or through the distributor/reseller. In case such purchase order is not issued, AudioCodes or its authorized distributor/reseller is authorized to invoice based on this Agreement (for example in case of additional users which are added on a monthly basis). AudioCodes will operate this request based on a change request procedure to be defined with the customer.