Common use of Pricing and Billing Clause in Contracts

Pricing and Billing. Each Party agrees to conform to the applicable laws and regulations of its respective country in the performance of its obligations under this Agreement, including in respect of rates, charges and revenue settlement. For the Services provided pursuant to this Agreement, the Parties shall pay each other per the pricing and provisions set forth in the attached relevant Annex(es) hereto and have a credit limit as set forth therein (the "Credit Limit") in each respective Annex. As soon as practicable after the end of each billing period (as per relevant annex) but not later than 7 days from the end of each billing period, the Parties shall provide a periodical invoice for the Services. The sums due each billing period from one Party to the other will be reduced to a net balance by each Party. The net-off of the relevant invoices shall occur only in case both parties send their invoices within seven (7) days from the end of each billing period. In case, a party sends its invoice later than 7 days, no net-off shall occur and each party shall pay the other party's invoice in full. Once the net payer is determined, it will make payment to the creditor Party in U.S. Dollars in immediately available funds within the time stated in the relevant Annex/es hereto. The payments shall be made by transferring the money to the bank account as specified by each Party. In no event shall a Party be liable for the fraudulent or illegal use of the Services by any customers or end-users of the other Party, or for any amounts that the other Party is unable to collect from its customers, end users or others. The parties agree to mutually work together to recover payment for fraudulent calls and to take the necessary steps to eliminate such calls. If a Party in good faith disputes any invoiced amount, it shall submit to the invoicing Party within Fifteen (15) days following receipt of such disputed invoice written documentation identifying the disputed invoiced amounts (such writing is hereinafter called a "Xxxx Dispute Notice"). Following service of a "Xxxx Dispute Notice", the parties shall use reasonable endeavours to resolve the dispute within 60 days of the dispatch to the receiving party of the Xxxx Dispute Notice. In the absence of resolution of within such 60 days either party may exercise its rights under clause 17 below. Provided however that the Party disputing the invoice shall still be responsible to pay the undisputed amount due under such invoice within the time stated in the relevant Annex. Any disputes in good faith on bills and amounts therein which are less than three percent (3%) of the total amount of the relevant invoice, shall not be withheld. The Parties shall investigate the disputed invoiced amounts and upon mutual agreement, the invoicing Party may issue a credit against future invoices if the dispute is decided against the Invoicing party. Any undisputed 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 shall have the right to set off any amounts due hereunder which are not paid when due against any amounts owed to it by the other Party.

Appears in 2 contracts

Samples: Reciprocal Telecommunications Services Agreement, Reciprocal Telecommunications Services Agreement (Vistula Communications Services Inc)

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Pricing and Billing. Each Party agrees to conform to the applicable laws and regulations of its respective country in the performance of its obligations under this Agreement, including in respect of rates, charges and revenue settlement. For the Services provided pursuant to this Agreement, the Parties shall pay each other per the pricing and provisions set forth in the attached relevant Annex(es) hereto and have a credit limit as set forth therein (the "Credit Limit") in each respective Annex). As soon as practicable after the end of each billing period (as per relevant annex) but not later than 7 days from the end of each billing periodcalendar month, the Parties shall provide a periodical monthly invoice for the Services. The sums Services and the invoiced amounts shall be due each billing period from one Party to the other will be reduced to a net balance by each Party. The net-off of the relevant invoices shall occur only in case both parties send their invoices within seven (7) days from the end of each billing period. In case, a party sends its invoice later than 7 days, no net-off shall occur and each party shall pay the other party's invoice in full. Once the net payer is determined, it will make payment to the creditor Party payable in U.S. Dollars in immediately available funds within the time stated in the relevant Annex/es Annex(es) hereto. The payments shall be made by transferring the money to the bank account as specified by each Party. In no event shall a Party be liable for the fraudulent or illegal use of the Services by any customers or end-users of the other Party, or for any amounts that the other Party is unable to collect from its customers, end users or others. The parties agree to mutually work together to recover payment for fraudulent calls and to take the necessary steps to eliminate such calls. If a Party in good faith disputes any invoiced amount, it shall submit to the invoicing Party within Fifteen sixty (1560) days following receipt of such disputed invoice written documentation identifying the disputed invoiced amounts (such writing is hereinafter called a "Xxxx Dispute Notice"). Following service of a "Xxxx Dispute Notice"amounts, the parties shall use reasonable endeavours to resolve the dispute within 60 days of the dispatch to the receiving party of the Xxxx Dispute Notice. In the absence of resolution of within such 60 days either party may exercise its rights under clause 17 below. Provided provided however that the Party disputing the invoice shall still be responsible to pay the undisputed full amount due under such invoice within the time stated slated in the relevant Annex. Any disputes in good faith on bills and amounts therein which are less than three percent (3%) of the total amount of the relevant invoice, shall not be withheld. The Parties shall investigate the disputed invoiced amounts and upon mutual agreement, the invoicing Party may issue a credit against future invoices if the dispute is decided against the Invoicing partyinvoices. Any undisputed 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 shall have the right to set off any amounts due hereunder which are not paid when due against any amounts owed to it by the other PartyParty or any of its affiliates pursuant to any other agreement or arrangement. In addition, Teleglobe shall have the right to apply any payment received hereunder from Company against any outstanding and overdue amounts owed to Teleglobe or any Teleglobe affiliate by any entity that directly or indirectly controls or is controlled by Company.

Appears in 1 contract

Samples: Reciprocal Telecommunications Services Agreement (Vistula Communications Services Inc)

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Pricing and Billing. Each Party agrees to conform to the applicable laws and regulations of its respective country in the performance of its obligations under this Agreement, including in respect of rates, charges and revenue settlement. For the Services provided pursuant to this Agreement, the Parties shall pay each other per the pricing and provisions set forth in the attached executed relevant Annex(esAnnex (es) hereto and have a credit limit as set forth therein (the "Credit Limit") in each respective Annexhereto. As soon as practicable after the end of each billing period (as per relevant annex) week but not later than 7 2 days from the end of each billing periodweek, the Parties shall provide a periodical weekly invoice for the ServicesServices provided during the previous week only. The sums due each billing period week from one Party to the other will be reduced to a net balance by each Party. The net-off of the relevant invoices shall occur only in case both parties send their invoices within seven (7) days from the end of each billing period. In case, a party sends its invoice later than 7 days, no net-off shall occur and each party shall pay the other party's invoice in full. Once the net payer is determined, it will make payment to the creditor Party paid in U.S. Dollars in immediately available funds within the time stated in the relevant Annex/es Annex (es) hereto. The payments shall be made by transferring the money to the bank account as specified by each Party. If the case of pre payments between parties, the party receiving the prepayment will automatically issue an invoice for the prepaid amount. The prepayment does not have to cover a certain amount, and it is agreed based on the current utilization of minutes. In no event shall a Party be liable for the fraudulent or illegal use of the Services by any customers or end-users of the other Party, or for any amounts that the other Party is unable to collect from its customers, end users or others. The parties agree to mutually work together to recover payment for fraudulent calls and to take the necessary steps to eliminate such calls. If a Party in good faith disputes any invoiced amount, it shall submit to the invoicing Party within Fifteen seven (157) days following receipt of such disputed invoice written documentation identifying the disputed invoiced amounts (such writing is hereinafter called a "Xxxx Dispute Notice"). Call Detail Records (CDR) shall be provided within two days after receiving a written request designating the destination and minutes disputed. Following service of a "Xxxx Dispute Notice", the parties shall use reasonable endeavours endeavors to resolve the dispute within 60 10 days of the dispatch to the receiving party of the Xxxx Dispute Notice. In the absence of resolution of dispute within such 60 10 days either party may exercise its rights under clause 17 belowbelow or consider the dispute was accepted as valid. Provided however that the Party disputing the invoice shall still be responsible to pay the undisputed amount due under such invoice within the time stated in the relevant Annex. Any disputes in good faith on bills and amounts therein which are less than three one percent (31%) of the total amount of the relevant invoice, shall not be withheld. The Parties shall investigate the disputed invoiced amounts and upon mutual agreement, the invoicing Party may issue a credit against future invoices if the dispute is decided against the Invoicing party. Any undisputed 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 shall have the right to set off any amounts due hereunder which are not paid when due against any amounts owed to it by the other Party. If at any time the net balance of accrued charges shall exceed the credit limit the creditor (the party to whom the net balance of charges is owed) may, by notice in writing, require the other party to immediately pay all invoices and, if necessary, to prepay on the next invoice for services already used but not yet invoiced, an amount sufficient to reduce the net balance to zero, and suspend services to the other party pending receipt of the payment requested.

Appears in 1 contract

Samples: Telecommunications Services Agreement

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