Common use of Pricing and Billing Clause in Contracts

Pricing and Billing. 5.1 For the Teleglobe Services provided pursuant to this Agreement, IDX shall pay Teleglobe the rates (the "Rates") by Teleglobe Destination set forth in Annex 2-A attached hereto which Rates may be adjusted by Teleglobe from time to time by providing seven (7) days prior written notice to IDX. For the IDX Services provided pursuant to this Agreement Teleglobe shall pay IDX the rates (the "IDX Rates") by IDX Destination set forth in Annex 2-B attached hereto which IDX Rates may be adjusted by IDX from time to time by providing seven (7) days prior written notice to Teleglobe. The Teleglobe Rates and the IDX Rates shall hereinafter be jointly referred to as the "Rates". 5.2 As soon as practicable after the end of each month, the Parties shall submit invoices to each other on a monthly basis for their respective services provided hereunder. Such invoices shall be based on the chargeable duration of the calls routed pursuant to this Agreement. The invoice will include traffic by destination, tariffs by destination and total amount due. For purposes of this Agreement, Teleglobe Services chargeable calls shall begin when Teleglobe receives answer supervision, and IDX Services chargeable calls shall begin when IDX receives answer supervision. 5.3 All amounts due hereunder by either party shall be payable to the provider of services in U.S. Dollars in immediately available funds within fifteen (15) days of the date of invoice. If either party in good faith disputes any invoiced amount, it shall submit to the invoicing party within sixty (60) days following receipt of such disputed invoice, written documentation identifying the minutes and/or rates which are in dispute. The Parties shall investigate the matter and upon mutual agreement a credit against future invoices may be issued by the invoicing party. Any amounts due hereunder that are not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month, compounded daily, beginning with the day following the date on which payment was due, and continuing until paid in full. The Parties may, subject to their mutual agreement in writing, offset amounts owing hereunder. 5.4 Either party may at any time require the other party hereto to issue a deposit, irrevocable letter of credit or other form of security acceptable to such party if the other party's financial circumstances or payment history is or becomes unacceptable to such party based upon reasonable supporting evidence. 5.5 All Rates and other charges due hereunder are exclusive of all applicable taxes, including value added tax, sales taxes, and duties or levies imposed by any authority, government or government agency, all of which shall be paid promptly when due by the party purchasing services hereunder.

Appears in 1 contract

Samples: Telecommunications (Eglobe Inc)

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Pricing and Billing. 5.1 For the Teleglobe Services provided pursuant to this Agreement, IDX shall pay Teleglobe the rates (the "Rates") by Teleglobe Destination set forth in Annex 2-A attached hereto which Rates may be adjusted by Teleglobe from time to time by providing seven (7) days prior written notice to IDX. 4.1 For the IDX Services provided pursuant to this Agreement Teleglobe the Agreement, CARRIER shall pay IDX the rates (the "IDX Rates") by IDX Destination set forth in Annex 2-B A attached hereto hereto, which IDX Rates may be adjusted by IDX from time to time by providing seven (7) days prior written notice to TeleglobeCARRIER. The Teleglobe Rates and the IDX Rates shall hereinafter be jointly referred to as the "Rates.". 5.2 4.2 As soon as practicable after the end of each month, the Parties . IDX shall submit invoices to each other on a monthly basis CARRIER for their respective the services provided hereunder. Such invoices shall be based on the chargeable duration of the calls routed pursuant to this Agreement. The invoice will include traffic by destination, tariffs by destination and total amount due. For purposes of this Agreement, Teleglobe Services chargeable calls shall begin when Teleglobe receives answer supervision, and IDX Services chargeable calls shall begin when IDX receives answer supervision. 5.3 4.3 All amounts due hereunder by either party shall be payable to the provider of services IDX in U.S. Dollars dollars in immediately available funds within fifteen thirty (1530) days of the date of invoice, except as agreed to by the Parties. If either party CARRIER in good faith disputes any invoiced amount, it shall submit to the invoicing party IDX within sixty thirty (6030) days following receipt of such disputed invoice, written documentation identifying the minutes and/or rates which are in dispute. The Parties shall investigate the matter and upon mutual agreement a credit against future invoices may be issued by the invoicing partymatter. Any amounts due hereunder that are not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month, compounded dailymonthly, beginning with the day following the date on which payment was due, and continuing until paid in full. The Parties may, subject to their mutual agreement in writing, offset amounts owing hereunderIDX Services Agreement with CARRIER. 5.4 Either party 4.4 IDX may at any time require the other party CARRIER hereto to issue a deposit, irrevocable letter of credit or other form of security acceptable to such party IDX, if the other partyCARRIER's financial circumstances or payment history is or becomes unacceptable to such party IDX based upon reasonable supporting evidence. 5.5 4.5 All Rates and other charges due hereunder are exclusive of all applicable taxes, including value added tax, sales taxes, and duties or levies imposed by any authority, government or government agency, all of which shall be paid promptly when due by the party purchasing services hereunder.

Appears in 1 contract

Samples: Telecommunications Services Agreement (Eglobe Inc)

Pricing and Billing. 5.1 For the Teleglobe Services provided pursuant to this Agreement, IDX shall pay Teleglobe the rates (the "Rates") by Teleglobe Destination set forth in Annex 2Co-A attached hereto which Rates may be adjusted by Teleglobe from time to time by providing seven (7) days prior written notice to IDX. For the IDX Services location Service provided pursuant to this Agreement Teleglobe shall the Customer shall, throughout the Term, pay IDX HGC the rates charges specified as payable in the Order in respect of the Services (the "IDX Rates"“Charges”) For the avoidance of doubt, the Charges for the Services will consist of : 5.1.1 the Co-location Fee ; and/or 5.1.2 charges payable or paid by IDX Destination set forth in Annex 2-B attached hereto us to the third party attributable to the Service provided to you (including but not limited to government charges/levies, increased rent from property lessors and electricity supply charges), which IDX Rates may will be adjusted paid by IDX from time to time us but reimbursed by providing seven (7) days prior written notice to Teleglobe. The Teleglobe Rates you as and the IDX Rates shall hereinafter be jointly referred to as the "Rates"when we have incurred these Charges. 5.2 As Commencing on the Co-location Service Date, HGC shall invoice the Customer in advance for the Co- location Service. Any non-recurring (i.e. inspection, maintenance service) charges shall be invoiced in arrears as soon as practicable after the end of each month, the Parties shall submit invoices month to each other on a monthly basis for their respective services provided hereunder. Such invoices shall be based on the chargeable duration of the calls routed pursuant to this Agreement. The invoice will include traffic by destination, tariffs by destination and total amount due. For purposes of this Agreement, Teleglobe Services chargeable calls shall begin when Teleglobe receives answer supervision, and IDX Services chargeable calls shall begin when IDX receives answer supervisionwhich such non-recurring service relate. 5.3 All amounts due hereunder shall be invoiced by either party HGC in U.S. Dollars unless otherwise specified in the Order Form. For charges in non U.S Dollar, when HGC (in its sole discretion) considers that there is a significant currency fluctuation, HGC reserves the right and discretion to invoice the Customer for the U.S. Dollar equivalent based on the currency exchange rate stated in the Order. The Co-location Fee shall be payable to the provider of services in U.S. Dollars in immediately available funds HGC within fifteen thirty (1530) days of the date of HGC's invoice. If either party the Customer in good faith disputes any invoiced amount, it shall submit to the invoicing party HGC within sixty thirty (6030) days following receipt of such disputed invoice, full payment of the invoice and written documentation identifying and substantiating the minutes and/or rates which are in disputedisputed amount. The Parties shall investigate the matter and upon mutual agreement agreement, a credit against future invoices may be issued by HGC. In no event shall HGC be responsible for any fraudulent or unauthorized use of the invoicing partyCo-location Service or any amounts the Customer is unable to collect from its customers or end users. Any amounts due hereunder that are not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month, compounded daily, beginning with the day following the date on which payment was due, and continuing until paid in full. The Parties mayFurther, subject HGC shall have the right to their mutual set off any amounts due hereunder which are not paid when due against any amounts owed to the Customer HGC CUSTOMER Please initial by HGC or any of its affiliates pursuant to any other agreement in writingor arrangement. In addition, offset amounts owing hereunderHGC shall have the right to apply any payment received hereunder from the Customer against any outstanding and overdue amount owed to HGC or any HGC affiliate by any entity that directly or indirectly control or is controlled by the Customer. 5.4 Either party may HGC reserves the right at any time to require the other party hereto Customer to issue provide to HGC a deposit, irrevocable letter of credit credit, or other form of security acceptable to HGC (the “Deposit”). Upon receipt of HGC’s written request for a security, the Customer shall have five (5) business days to provide or implement such party security and if the other party's financial circumstances Customer fails to comply with such request within said period, then HGC shall be authorized to immediately suspend the delivery of Co-location Service and/or terminate this Agreement without further notice or payment history is or becomes unacceptable to such party based upon reasonable supporting evidencedemand. 5.5 All Rates Co-location Fees and other charges due hereunder are exclusive of all applicable taxestaxes (collectively, “Taxes”), including withholding tax, value added tax, sales taxes, and duties duties, fees, levies or levies surcharges (including where applicable any universal service fund or similar surcharges) imposed by by, or pursuant to the laws, statutes or regulations of any government agency or authority, government or government agency, all of which shall be paid promptly when due by the party purchasing services hereunderCustomer. The Customer agrees to pay HGC such further amounts as would have been necessary so that the aggregate net amount received by HGC after deduction or withholding of any Taxes, shall be the same amount as would have been received by HGC if there had been no requirement to deduct or withhold any Taxes. 5.6 The parties expressly agree that HGC may, upon written notice to Customer, retain any Equipment or other assets housed at the relevant Co-location Space as security for payment and due compliance of any other obligations of Customer under this Agreement and sell them in satisfaction of any unpaid sums or other compensation awarded to HGC with respect to any default or breach of this Agreement. 5.7 If the amounts remaining due to HGC by Customer remain unpaid after a period of thirty (30) days from the expiration or termination of this Agreement, HGC may, in exercise of its discretion decide to vacate the relevant Co-location Space by transferring the Equipment to a storage area inside or outside the Premises, at Customer’s sole risk and expense. 5.8 The parties expressly agree that HGC reserves the right to review and revise (whenever necessary) the Charges stated under Clause 5.1 above from time to time. Prior notice will be given to Client in the event of any material changes to the Charges.

Appears in 1 contract

Samples: Co Location Services Agreement

Pricing and Billing. 5.1 For the Teleglobe Services provided pursuant to this Agreement, IDX shall pay Teleglobe the rates (the "Rates") by Teleglobe Destination set forth in Annex 2-A attached hereto which Rates may be adjusted by Teleglobe from time to time by providing seven (7) days prior written notice to IDX. For the IDX Services provided pursuant to this Agreement Teleglobe the Agreement. Destia shall pay IDX the rates (the "IDX Rates") by IDX Destination set forth in Annex 2-B A attached hereto hereto, which IDX Rates may be adjusted by IDX from time to time by providing seven (7) days prior written notice to TeleglobeDestia. The Teleglobe Rates and the IDX Rates shall hereinafter be jointly referred to as the "Rates.". 5.2 As soon as practicable after the end of each month, the Parties IDX shall submit invoices to each other on a monthly basis Destia for their respective the services provided hereunder. Such invoices shall be based on the chargeable duration of the calls routed pursuant to this Agreement. The invoice will include traffic by destination, tariffs by IDX Services Agreement with Destia Communications Services, Inc. destination and total amount due. For purposes of this Agreement, Teleglobe Services chargeable calls shall begin when Teleglobe receives answer supervision, and IDX Services chargeable calls shall begin when IDX receives answer supervision. 5.3 All amounts due hereunder by either party shall be payable to the provider of services IDX in U.S. Dollars dollars in immediately available funds within fifteen thirty, (1530) days of the date of receipt of the invoice, except as agreed to by both the Parties. If either party Destia in good faith disputes any invoiced amount, it shall submit to the invoicing party IDX within sixty (60) days following receipt of such disputed invoice, written documentation identifying the minutes and/or rates which are in dispute. The Parties shall investigate the matter and upon mutual agreement a credit against future invoices may be issued by the invoicing partymatter. Any amounts due hereunder that are not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month, compounded daily, beginning with the day following the date on which payment was due, and continuing until paid in full. The Parties may, subject to their mutual agreement in writing, offset amounts owing hereunder. 5.4 Either party IDX may at any time require the other party Destia hereto to issue a deposit, an irrevocable letter of credit or other form of security acceptable to such party both IDX and Destia, if the other partyDestia's financial circumstances or payment history is or becomes unacceptable to such party IDX based upon reasonable supporting evidence. 5.5 All Rates and other charges due hereunder are exclusive of all applicable taxes, including value added tax, sales taxes, and duties or levies imposed by any authority, government or government agency, all of which shall be paid promptly when due by the party purchasing services hereunder.

Appears in 1 contract

Samples: Telecommunications Services Agreement (Eglobe Inc)

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Pricing and Billing. 5.1 For the Teleglobe Services provided pursuant to this Agreement, IDX shall pay Teleglobe the rates (the "Rates") by Teleglobe Destination set forth in Annex 2-A attached hereto which Rates may be adjusted by Teleglobe from time to time by providing seven (7) days prior written notice to IDX. 4.1 For the IDX Services provided pursuant to this Agreement Teleglobe t the Agreement, TGC shall pay IDX the rates rate (the "IDX Rates") by IDX Destination set forth in Annex 2-B A attached hereto which IDX Rates may be adjusted by IDX from time to time by providing seven (7) days prior written notice to TeleglobeTGC. For the TGC Services provided pursuant to this Agreement, IDX shall pay TGC the rates (the "TGC Rates") by TGC Destination as set form in Annex 2-B attached hereto. TGC may adjust these TGC Rates from time to time by providing seven (7) days prior written notice to IDX. The Teleglobe IDX Rates and the IDX TGC Rates shall hereinafter be jointly referred to as the "Rates". 5.2 4.2 As soon as practicable after the end of each month, the Parties shall submit invoices to each other on a monthly basis for their respective services provided hereunder. Such invoices shall be based on the chargeable duration of the calls routed pursuant to this Agreement. The invoice will include traffic by destination, tariffs by destination and total amount due. For purposes of this Agreement, Teleglobe Services chargeable calls shall begin when Teleglobe receives answer supervision, and IDX Services chargeable calls shall begin when IDX receives answer supervision, and TGC Services chargeable calls shall begin when TGC receives answer supervision. 5.3 4.3 All amounts due hereunder by either party shall be payable to the provider of services in U.S. Dollars dollars in immediately available funds within fifteen (15) days of the date of invoice. If either party in good faith disputes any invoiced amount, it shall submit to the invoicing party within sixty (60) days following receipt of such disputed invoice, written documentation identifying the minutes and/or rates which are in dispute. The Parties shall investigate the matter and upon mutual agreement the invoicing party may issue a credit against future invoices may be issued by the invoicing partyinvoices. Any amounts due hereunder that are not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month, compounded daily, beginning with the day following the date on which payment was due, and continuing until paid in full. The Parties may, subject to their mutual agreement in writing, offset amounts owing hereunder. 5.4 4.4 Either party may at any time require the other party hereto to issue a deposit, irrevocable letter of credit or other form of security acceptable to such party if the other party's financial circumstances or payment history is or becomes unacceptable to such party based upon reasonable supporting evidence. 5.5 4.5 All Rates and other charges due hereunder are exclusive of all applicable taxes, including value added tax, sales taxes, and duties or levies imposed by any authority, government government, or government agency, all of which shall be paid promptly when due by the party purchasing services hereunder.

Appears in 1 contract

Samples: Telecommunications Services Agreement (Eglobe Inc)

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