Common use of Pricing and Billing Clause in Contracts

Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if Customer cancels a Service or CTE terminates or cancels a Service for Customer's breach. CTE shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by Customer (“Extra Charge”), CTE reserves the right to invoice Customer Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 Customer shall pay each invoice issued pursuant to this Agreement within 30 calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE may have, if Customer fails to pay any amount when due, CTE may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE may also net or set-off amounts payable by CTE to Customer under this Agreement or otherwise against any unpaid balance if Customer fails to pay any amount when due. 4.6 The charges payable by Customer under this Agreement are exclusive of, and Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTE, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTE). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE receives an amount equal to the agreed charges. 4.8 If for any reason CTE receives in respect of any obligation of Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE is able to purchase with the received amount (at the prevailing market rate in the normal course of CTE’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTE. If the converted amount is less than the amount in the contractual currency expressed to be due to CTE, Customer shall forthwith on demand pay to CTE an amount in the contractual currency equal to the deficit and reimburse CTE for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTE's other rights and remedies under this Agreement, CTE may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 days after the Due Date. 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE may, by providing 14 calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Price Index ("RPI") (as determined at the date of the notice). In addition to this, at CTE's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTMEA the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTMEA shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if Customer cancels a Service or CTE CTMEA terminates or cancels a Service for Customer's breach. CTE CTMEA shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by Customer (“Extra Charge”), CTE CTMEA reserves the right to invoice Customer Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 Customer shall pay each invoice issued pursuant to this Agreement within 30 calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE CTMEA may have, if Customer fails to pay any amount when due, CTE CTMEA may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTMEA may also net or set-off amounts payable by CTE CTMEA to Customer under this Agreement or otherwise against any unpaid balance if Customer fails to pay any amount when due. 4.6 The charges payable by Customer under this Agreement are exclusive of, and Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTECTMEA, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTMEA). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTMEA receives an amount equal to the agreed charges. 4.8 If for any reason CTE CTMEA receives in respect of any obligation of Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTMEA is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTMEA’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTMEA. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTMEA, Customer shall forthwith on demand pay to CTE CTMEA an amount in the contractual currency equal to the deficit and reimburse CTE CTMEA for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTECTMEA's other rights and remedies under this Agreement, CTE CTMEA may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 days after the Due Date.. XXXXX_Xxx0000 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE CTMEA may, by providing 14 calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Price Index ("RPI") (as determined at the date of the notice). In addition to this, at CTECTMEA's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 1 contract

Samples: General Terms and Conditions

Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTME the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTME shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if the Customer cancels a Service or CTE CTME terminates or cancels a Service for the Customer's breach. CTE CTME shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by the Customer (“Extra Charge”), CTE CTME reserves the right to invoice the Customer Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 The Customer shall pay each invoice issued pursuant to this Agreement within 30 thirty (30) calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE CTME may have, if the Customer fails to pay any amount when due, CTE CTME may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTME may also net or set-off amounts payable by CTE CTME to the Customer under this Agreement or otherwise against any unpaid balance if the Customer fails to pay any amount when due. 4.6 The charges payable by the Customer under this Agreement are exclusive of, and the Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTECTME, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTME). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, the Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTME receives an amount equal to the agreed charges. 4.8 If for any reason CTE CTME receives in respect of any obligation of the Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of the Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTME is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTME’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTME. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTME, the Customer shall forthwith on demand pay to CTE CTME an amount in the contractual currency equal to the deficit and reimburse CTE CTME for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTECTME's other rights and remedies under this Agreement, CTE CTME may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 fourteen (14) days after the Due Date. 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE CTME may, by providing 14 fourteen (14) calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Price Index ("RPI") (as determined at the date of the notice). In addition to this, at CTECTME's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 1 contract

Samples: General Terms and Conditions

Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTME the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTME shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if the Customer cancels a Service or CTE CTME terminates or cancels a Service for the Customer's breach. CTE CTME shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by the Customer (“Extra Charge”), CTE CTME reserves the right to invoice the Customer Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 The Customer shall pay each invoice issued pursuant to this Agreement within 30 thirty (30) calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE CTME may have, if the Customer fails to pay any amount when due, CTE CTME may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTME may also net or set-off amounts payable by CTE CTME to the Customer under this Agreement or otherwise against any unpaid balance if the Customer fails to pay any amount when due. 4.6 The charges payable by the Customer under this Agreement are exclusive of, and the Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTECTME, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTME). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, the Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTME receives an amount equal to the agreed charges. 4.8 If for any reason CTE CTME receives in respect of any obligation of the Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of the Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTME is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTME’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTME. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTME, the Customer shall forthwith on demand pay to CTE CTME an amount in the contractual currency equal to the deficit and reimburse CTE CTME for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTECTME's other rights and remedies under this Agreement, CTE CTME may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 fourteen (14) days after the Due Date. 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE CTME may, by providing 14 calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Price Index ("RPI") (as determined at the date of the notice). In addition to this, at CTE's request, the parties shall meet to undertake in good faith a review of the pricing.fourteen

Appears in 1 contract

Samples: General Terms and Conditions

Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTMEA the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTMEA shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if Customer cancels a Service or CTE CTMEA terminates or cancels a Service for Customer's breach. CTE CTMEA shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by Customer (“Extra Charge”), CTE CTMEA reserves the right to invoice Customer Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 Customer shall pay each invoice issued pursuant to this Agreement within 30 calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE CTMEA may have, if Customer fails to pay any amount when due, CTE CTMEA may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTMEA may also net or set-off amounts payable by CTE CTMEA to Customer under this Agreement or otherwise against any unpaid balance if Customer fails to pay any amount when due. 4.6 The charges payable by Customer under this Agreement are exclusive of, and Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTECTMEA, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTMEA). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTMEA receives an amount equal to the agreed charges. 4.8 If for any reason CTE CTMEA receives in respect of any obligation of Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTMEA is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTMEA’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTMEA. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTMEA, Customer shall forthwith on demand pay to CTE CTMEA an amount in the contractual currency equal to the deficit and reimburse CTE CTMEA for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTECTMEA's other rights and remedies under this Agreement, CTE CTMEA may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 days after the Due Date.. CTMEA_Mar2020 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE CTMEA may, by providing 14 calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Price Index ("RPI") (as determined at the date of the notice). In addition to this, at CTECTMEA's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 1 contract

Samples: General Terms and Conditions

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Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTSA the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTSA shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if the Customer cancels a Service or CTE CTSA terminates or cancels a Service for the Customer's breach. CTE CTSA shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by Customer (“Extra Charge”), CTE CTSA reserves the right to invoice the Customer an Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 The Customer shall pay each invoice issued pursuant to this Agreement within 30 thirty (30) calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE CTSA may have, if the Customer fails to pay any amount when due, CTE CTSA may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTSA may also net or set-off amounts payable by CTE CTSA to the Customer under this Agreement or otherwise against any unpaid balance if the Customer fails to pay any amount when due. 4.6 The charges payable by the Customer under this Agreement are exclusive of, and the Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTECTSA, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTSA). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, the Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTSA CTSA_July 2023 receives an amount equal to the agreed charges. 4.8 If for any reason CTE CTSA receives in respect of any obligation of the Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of the Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTSA is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTSA’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTSA. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTSA, the Customer shall forthwith on demand pay to CTE CTSA an amount in the contractual currency equal to the deficit and reimburse CTE CTSA for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTECTSA's other rights and remedies under this Agreement, CTE CTSA may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 fourteen (14) calendar days after the Due Date. 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE CTSA may, by providing 14 fourteen (14) calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Consumer Price Index ("RPICPI") (as determined at the date of the notice). In addition to this, at CTECTSA's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 1 contract

Samples: General Terms and Conditions

Pricing and Billing. 4.1 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTSA the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. 4.2 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTSA shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if the Customer cancels a Service or CTE CTSA terminates or cancels a Service for the Customer's breach. CTE CTSA shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by Customer (“Extra Charge”), CTE CTSA reserves the right to invoice the Customer an Extra Charge at the end of each calendar month following the relevant Ready for Service Date. 4.4 The Customer shall pay each invoice issued pursuant to this Agreement within 30 thirty (30) calendar days of the date of the invoice ("Due Date"). 4.5 In addition and without prejudice to any other remedies CTE CTSA may have, if the Customer fails to pay any amount when due, CTE CTSA may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTSA may also net or set-set- off amounts payable by CTE CTSA to the Customer under this Agreement or otherwise against any unpaid balance if the Customer fails to pay any amount when due. 4.6 The charges payable by the Customer under this Agreement are exclusive of, and the Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties on services rendered by subcontractors of CTECTSA, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTSA). The CTSA_Mar2020 payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 If any tax or duty has to be withheld or deducted from any payment under this Agreement, the Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTSA receives an amount equal to the agreed charges. 4.8 If for any reason CTE CTSA receives in respect of any obligation of the Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of the Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTSA is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTSA’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTSA. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTSA, the Customer shall forthwith on demand pay to CTE CTSA an amount in the contractual currency equal to the deficit and reimburse CTE CTSA for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTECTSA's other rights and remedies under this Agreement, CTE CTSA may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 fourteen (14) calendar days after the Due Date. 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE CTSA may, by providing 14 fourteen (14) calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Consumer Price Index ("RPICPI") (as determined at the date of the notice). In addition to this, at CTECTSA's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 1 contract

Samples: Services Agreements

Pricing and Billing. 4.1 CTKL shall provide the Customer with clear and complete information about any charges, rates, terms and conditions for available and proposed Services in relation to the relevant Service Order. 4.2 Commencing on the Ready for Service Date for the relevant Service, the Customer shall pay CTE CTKL the Monthly Recurring Charges and any Non-Recurring Charge for that Service incurred so far. The Customer will only be invoiced for and pay for the Services that the Customer Party is receiving under the relevant Service Order. 4.2 4.3 The Monthly Recurring Charges will be invoiced in advance at the beginning of each month. If the Ready for Service Date occurs on a date other than the first day of a calendar month, the first Monthly Recurring Charges shall be reduced to an amount equal to the remaining days of the month in which the Ready for Service Date falls (including the Ready for Service Date) multiplied by a rate equal to one-thirtieth (1/30th) of the Monthly Recurring Charges. CTE CTKL shall invoice the Non-Recurring Charges on and from the Ready for Service Date, but reserves the right to invoice earlier if the Customer cancels a Service or CTE CTKL terminates or cancels a Service for the Customer's breach. CTE CTKL shall invoice the Non-Recurring Charges on the basis set out in the Service Order. 4.3 4.4 The Monthly Recurring Charges for Services may be aggregated and invoiced on a periodic basis other than monthly. Apart from the Monthly Recurring Charges, if the Service Order specifies that additional charges may be incurred due to the actual usage of Services by Customer (“Extra Charge”), CTE CTKL reserves the right to invoice the Customer an Extra Charge at the end of each calendar month following the relevant Ready for Service Date. However, CTKL shall give reasonable notice of the same to the Customer prior to invoicing. 4.4 4.5 The Customer shall pay each invoice issued pursuant to this Agreement within 30 thirty (30) calendar days of the date of the invoice ("Due Date"). 4.5 4.6 In addition and without prejudice to any other remedies CTE CTKL may have, if the Customer fails to pay any amount when due, CTE CTKL may charge interest on the unpaid balance compounded daily from the Due Date until the date paid at the Default Rate. CTE CTKL may also net or set-off amounts payable by CTE CTKL to the Customer under this Agreement or otherwise against any unpaid balance if the Customer fails to pay any amount when due. 4.6 4.7 The charges payable by the Customer under this Agreement are exclusive of, and the Customer shall assume and pay promptly, all applicable taxes, including value added tax and consumption taxes directly comparable therewith such as goods and sales taxes, including any non-deductible taxes and duties withholding tax on payment for services rendered by subcontractors of CTECTKL, and duties or levies imposed by any authority, government or government agency (except income tax attributable to CTECTKL). The payment of such sums shall be made in full without any set-off, deduction or withholding whatsoever. 4.7 4.8 If any tax or duty has to be withheld or deducted from any payment under this Agreement, the Customer will increase payments under this Agreement by such amount as shall ensure that after such withholding or deduction CTE CTKL receives an amount equal to the agreed charges. 4.8 4.9 If for any reason CTE CTKL receives in respect of any obligation of the Customer under this Agreement an amount (the "received amount") in a currency other than in the currency specified in the Service Order (the "contractual currency"), the received amount shall only constitute a discharge of the Customer’s obligation to the extent the amount (the "converted amount") in the contractual currency which CTE CTKL is able to purchase with the received amount (at the prevailing market rate in the normal course of CTECTKL’s business as soon as reasonably possible after receipt) is at least the amount of the contractual currency due to CTECTKL. If the converted amount is less than the amount in the contractual currency expressed to be due to CTECTKL, Customer shall forthwith on demand pay to CTE CTKL an amount in the contractual currency equal to the deficit and reimburse CTE CTKL for all costs and expenses incurred in converting the received amount to the contractual currency. 4.9 Without limiting CTE's other rights and remedies under this Agreement, CTE may suspend all or part of the applicable Services with written notice if any part of an undisputed invoice related to those Services remains unpaid for more than 14 days after the Due Date. 4.10 Starting on and from the first anniversary of the Ready for Service Date, CTE may, by providing 14 calendar days' written notice, increase the Monthly Recurring Charges once annually by the prevailing Retail Price Index ("RPI") (as determined at the date of the notice). In addition to this, at CTE's request, the parties shall meet to undertake in good faith a review of the pricing.

Appears in 1 contract

Samples: Services Agreement

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