Common use of Rates and Payment Clause in Contracts

Rates and Payment. 3.1 Customer shall pay Masergy for all charges associated with the Services at the rates and currency set forth in the Service Order Form. Masergy may change the rates for any Extension Term upon ninety (90) days written notice to Customer prior to the expiration of the current Initial Term or Extension Term. 3.2 Customer is responsible for all recurring charges and non-recurring charges specified in the Service Order Form from and after the Commencement Date. Service charges shall be invoiced monthly in advance. Recurring charges will be prorated for the first and last month of the applicable Service, if the Service is not provided for a complete month. 3.3 All amounts owed by Customer are due and payable upon receipt of Masergy’s invoice and shall be past due thirty (30) days after Customer’s receipt of the invoice; provided that if Masergy sends an invoice to Customer by electronic mail, it shall be deemed to have been received on the date sent. Customer shall remit payment as set forth on the invoice. Notwithstanding any contrary language in any purchase order, Automatic Clearing House/Electronic Funds Transfer (ACH/EFT) authorization agreements or similar documents issued by Customer to Masergy with respect to the Service(s), such authorization agreements or similar documents shall be deemed for Customer’s internal use only and the provisions thereof shall have no effect whatsoever upon the terms and conditions of this Agreement or the provision of the Service(s). Masergy reserves the right to recover bank and/or finance fees related to payment when such payments are not made as per the remittance instructions on the invoice. If a payment due by Customer to Masergy under this Agreement is not received by the due date set forth above, Customer shall be liable for: (i) a late payment charge equivalent to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any past due balances until paid in full; and (ii) any additional charges or expenses incurred by Masergy in recovering outstanding amounts due under this Agreement (including, without limitation, any legal costs and expenses and/or the cost of engaging a debt recovery agent). If Customer requires that a separate billing entity be billed for Services, for proper accounting of value-added taxes or otherwise, Masergy must be notified at the time the Service Order Form is executed or via other advance written notice as to which billing entity and address Customer would like Masergy to xxxx. If Masergy is not given such notice, Masergy shall xxxx Customer at the address set forth on the initial Service Order Form or such other address that has been previously provided to Masergy in writing. Notwithstanding the failure of Customer to comply with such notice requirement, Masergy shall revise an invoice to reflect the correct billing entity upon the written request of Customer, solely provided such written request is received within sixty (60) days of the date of such invoice. 3.4 If Customer disputes any portion of an invoice, Customer must (i) pay the undisputed portion of the invoice as set forth in Section 3.3; and (ii) submit a written claim to xxxxxxx@xxxxxxx.xxx regarding the disputed amount and setting forth the particulars thereof for any disputed amounts withheld within sixty (60) days of the date printed on the invoice giving rise to the claim. 3.5 Customer shall provide Masergy with credit information as requested, and delivery of Service is subject to credit approval. Customer hereby consents to Masergy’s retrieval of credit information, regarding Customer, from third parties. Masergy may require Customer to make a deposit or pre-payment reasonably acceptable to Masergy as a condition to Masergy’s acceptance or continued provisioning of any Service Order Form, or as a condition to Masergy’s continuation of Service. Masergy shall hold any deposit or pre-payment provided by Customer under this Section 3.5 as security for payment of Customer’s charges without any responsibility for paying Customer interest on any amounts held. At such time as the provision of all Services to Customer is terminated, the amount of the deposit or pre-payment will be credited to Customer’s account, and any credit balance, which may remain, will be refunded. 3.6 If Customer elects to upgrade, relocate or otherwise change the place that Services are delivered, Customer shall be responsible for any applicable charges as specified and agreed to in a Service Order Form, provided however that Customer shall not be liable for the early termination charges set out in Section 4.5 for the disconnection of the old site specified on the Service Order Form. 3.7 Other than taxes on Masergy’s net income, Customer will be responsible for payment of all taxes, fees, charges, surcharges, or withholdings of any nature imposed by any U.S. or foreign taxing or government authority based on the provision, sale or use of the Services (hereafter "Taxes") and a regulatory administrative recovery fee to recover expenses incurred by Masergy related to its collection of Taxes and compliance with related regulations. All charges, fees, or quotations for Services are net of applicable Taxes. If Customer is required by applicable law to make any deduction or withholding from any payment due hereunder to Masergy, then the gross amount payable by Customer to Masergy will be increased so that, after any such deduction or withholding for Taxes, the net amount received by Masergy will not be less than Masergy would have received had no such deduction or withholding been required.

Rates and Payment. 3.1 Customer shall pay Masergy for all charges associated with the Services at the rates and currency set forth in the Service Order Form. Masergy may change the rates for any Extension Term upon ninety (90) days written notice to Customer prior to the expiration of the current Initial Term or Extension Term. 3.2 Customer is responsible for all recurring charges and non-recurring charges specified in the Service Order Form from and after the Commencement Date. Service charges shall be invoiced monthly in advance. Recurring charges will be prorated for the first and last month of the applicable Service, if the Service is not provided for a complete month. 3.3 All amounts owed by Customer are due and payable upon receipt of Masergy’s invoice and shall be past due thirty (30) days after Customer’s receipt of the invoice; provided that if Masergy sends an invoice to Customer by electronic mail, it shall be deemed to have been received on the date sent. Customer shall remit payment as set forth on the invoice. Notwithstanding any contrary language in any purchase order, Automatic Clearing House/Electronic Funds Transfer (ACH/EFT) authorization agreements or similar documents issued by Customer to Masergy with respect to the Service(s), such authorization agreements or similar documents shall be deemed for Customer’s internal use only and the provisions thereof shall have no effect whatsoever upon the terms and conditions of this Agreement or the provision of the Service(s). Masergy reserves the right to recover bank and/or finance fees related to payment when such payments are not made as per the remittance instructions on the invoice. If a payment due by Customer to Masergy under this Agreement is not received by the due date set forth above, Customer shall be liable for: (i) a late payment charge equivalent to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any past due balances until paid in full; and (ii) any additional charges or expenses incurred by Masergy in recovering outstanding amounts due under this Agreement (including, without limitation, any legal costs and expenses and/or the cost of engaging a debt recovery agent). If Customer requires that a separate billing entity be billed for Services, for proper accounting of value-added taxes or otherwise, Masergy must be notified at the time the Service Order Form is executed or via other advance written notice as to which billing entity and address Customer would like Masergy to xxxxbill. If Masergy is not given such notice, Masergy shall xxxx bill Customer at the address set forth on the initial Service Order Form or such other address that has been previously provided to Masergy in writing. Notwithstanding the failure of Customer to comply with such notice requirement, Masergy shall revise an invoice to reflect the correct billing entity upon the written request of Customer, solely provided such written request is received within sixty (60) days of the date of such invoice. 3.4 If Customer disputes any portion of an invoice, Customer must (i) pay the undisputed portion of the invoice as set forth in Section 3.3; and (ii) submit a written claim to xxxxxxx@xxxxxxx.xxx regarding the disputed amount and setting forth the particulars thereof for any disputed amounts withheld within sixty (60) days of the date printed on the invoice giving rise to the claim. 3.5 Customer shall provide Masergy with credit information as requested, and delivery of Service is subject to credit approval. Customer hereby consents to Masergy’s retrieval of credit information, regarding Customer, from third parties. Masergy may require Customer to make a deposit or pre-payment reasonably acceptable to Masergy as a condition to Masergy’s acceptance or continued provisioning of any Service Order Form, or as a condition to Masergy’s continuation of Service. Masergy shall hold any deposit or pre-payment provided by Customer under this Section 3.5 as security for payment of Customer’s charges without any responsibility for paying Customer interest on any amounts held. At such time as the provision of all Services to Customer is terminated, the amount of the deposit or pre-payment will be credited to Customer’s account, and any credit balance, which may remain, will be refunded. 3.6 If Customer elects to upgrade, relocate or otherwise change the place that Services are delivered, Customer shall be responsible for any applicable charges as specified and agreed to in a Service Order Form, provided however that Customer shall not be liable for the early termination charges set out in Section 4.5 for the disconnection of the old site specified on the Service Order Form. 3.7 Other than taxes on Masergy’s net income, Customer will be responsible for payment of all taxes, fees, charges, surcharges, or withholdings of any nature imposed by any U.S. or foreign taxing or government authority based on the provision, sale or use of the Services (hereafter "Taxes") and a regulatory administrative recovery fee to recover expenses incurred by Masergy related to its collection of Taxes and compliance with related regulations. All charges, fees, or quotations for Services are net of applicable Taxes. If Customer is required by applicable law to make any deduction or withholding from any payment due hereunder to Masergy, then the gross amount payable by Customer to Masergy will be increased so that, after any such deduction or withholding for Taxes, the net amount received by Masergy will not be less than Masergy would have received had no such deduction or withholding been required.

Rates and Payment. 3.1 Customer shall pay Masergy for all charges associated with the Services at the rates and currency set forth in the Service Order Form. Masergy may change the rates for any Extension Term upon ninety (90) days written notice to Customer prior to the expiration of the current Initial Term or Extension Term. 3.2 Customer is responsible for all recurring charges and non-recurring charges specified in the Service Order Form from and after the Commencement Date. Service charges shall be invoiced monthly in advance. Recurring charges will be prorated for the first and last month of the applicable Service, if the Service is not provided for a complete month. 3.3 All amounts owed by Customer are due and payable upon receipt of Masergy’s invoice and shall be past due thirty (30) days after Customer’s receipt of the invoice; provided that if Masergy sends an invoice to Customer by electronic mail, it shall be deemed to have been received on the date sent. Customer shall remit payment as set forth on the invoice. Notwithstanding any contrary language in any purchase order, Automatic Clearing House/Electronic Funds Transfer (ACH/EFT) authorization agreements or similar documents issued by Customer to Masergy with respect to the Service(s), such authorization agreements or similar documents shall be deemed for Customer’s internal use only and the provisions thereof shall have no effect whatsoever upon the terms and conditions of this Agreement or the provision of the Service(s). Masergy reserves the right to recover bank and/or finance fees related to payment when such payments are not made as per the remittance instructions on the invoice. If a payment due by Customer to Masergy under this Agreement is not received by the due date set forth above, Customer shall be liable for: (i) a late payment charge equivalent to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any past due balances until paid in full; and (ii) any additional charges or expenses incurred by Masergy in recovering outstanding amounts due under this Agreement (including, without limitation, any legal costs and expenses and/or the cost of engaging a debt recovery agent). If Customer requires that a separate billing entity be billed for Services, for proper accounting of value-added taxes or otherwise, Masergy must be notified at the time the Service Order Form is executed or via other advance written notice as to which billing entity and address Customer would like Masergy to xxxx. If Masergy is not given such notice, Masergy shall xxxx Customer at the address set forth on the initial Service Order Form or such other address that has been previously provided to Masergy in writing. Notwithstanding the failure of Customer to comply with such notice requirement, Masergy shall revise an invoice to reflect the correct billing entity upon the written request of Customer, solely provided such written request is received within sixty (60) days of the date of such invoice. 3.4 If Customer disputes any portion of an invoice, Customer must (i) pay the undisputed portion of the invoice as set forth in Section 3.3; and (ii) submit a written claim to xxxxxxx@xxxxxxx.xxx regarding the disputed amount and setting forth the particulars thereof for any disputed amounts withheld within sixty (60) days of the date printed on the invoice giving rise to the claim. 3.5 Customer shall provide Masergy with credit information as requested, and delivery of Service is subject to credit approval. Customer hereby consents to Masergy’s retrieval of credit information, regarding Customer, from third parties. Masergy may require Customer to make a deposit or pre-payment reasonably acceptable to Masergy as a condition to Masergy’s acceptance or continued provisioning of any Service Order Form, or as a condition to Masergy’s continuation of Service. Masergy shall hold any deposit or pre-payment provided by Customer under this Section 3.5 as security for payment of Customer’s charges without any responsibility for paying Customer interest on any amounts held. At such time as the provision of all Services to Customer is terminated, the amount of the deposit or pre-payment will be credited to Customer’s account, and any credit balance, which may remain, will be refunded. 3.6 If Customer elects to upgrade, relocate or otherwise change the place that Services are delivered, Customer shall be responsible for any applicable charges as specified and agreed to in a Service Order Form, provided however that Customer shall not be liable for the early termination charges set out in Section 4.5 for the disconnection of the old site specified on the Service Order Form. 3.7 Other than taxes on Masergy’s net income, Customer will be responsible for payment of all taxes, fees, charges, surcharges, or withholdings of any nature imposed by any U.S. or foreign taxing or government authority based on the provision, sale or use of the Services (hereafter "Taxes") and a regulatory administrative recovery fee to recover expenses incurred by Masergy related to its collection of Taxes and compliance with related regulations. All charges, fees, or quotations for Services are net of applicable Taxes. If Customer is required by applicable law to make any deduction or withholding from any payment due hereunder to Masergy, then the gross amount payable by Customer to Masergy will be increased so that, after any such deduction or withholding for Taxes, the net amount received by Masergy will not be less than Masergy would have received had no such deduction or withholding been required.

Rates and Payment. 3.1 Customer shall pay Masergy for all charges associated with the Services at the rates and currency set forth in the Service Order Form. Masergy may change the rates for any Extension Term upon ninety (90) days written notice to Customer prior to the expiration of the current Initial Term or Extension Term. 3.2 Customer is responsible for all recurring charges and non-recurring charges specified in the Service Order Form from and after the Commencement Date. Service charges shall be invoiced monthly in advance. Recurring charges will be prorated for the first and last month of the applicable Service, if the Service is not provided for a complete month. 3.3 All amounts owed by Customer are due and payable upon receipt of Masergy’s invoice and shall be past due thirty (30) days after Customer’s receipt of the invoice; provided that if Masergy sends an invoice to Customer by electronic mail, it shall be deemed to have been received on the date sent. Customer shall remit payment as set forth on the invoice. Notwithstanding any contrary language in any purchase order, Automatic Clearing House/Electronic Funds Transfer (ACH/EFT) authorization agreements or similar documents issued by Customer to Masergy with respect to the Service(s), such authorization agreements or similar documents shall be deemed for Customer’s internal use only and the provisions thereof shall have no effect whatsoever upon the terms and conditions of this Agreement or the provision of the Service(s). Masergy reserves the right to recover bank and/or finance fees related to payment when such payments are not made as per the remittance instructions on the invoice. If a payment due by Customer to Masergy under this Agreement is not received by the due date set forth above, Customer shall be liable for: (i) a late payment charge equivalent to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any past due balances until paid in full; and (ii) any additional charges or expenses incurred by Masergy in recovering outstanding amounts due under this Agreement (including, without limitation, any legal costs and expenses and/or the cost of engaging a debt recovery agent). If Customer requires that a separate billing entity be billed for Services, for proper accounting of value-added taxes or otherwise, Masergy must be notified at the time the Service Order Form is executed or via other advance written notice as to which billing entity and address Customer would like Masergy to xxxxbill. If Masergy is not given such notice, Masergy shall xxxx bill Customer at the address set forth on the initial Service Order Form or such other address that has been previously provided to Masergy in writing. Notwithstanding the failure of Customer to comply with such notice requirement, Masergy shall revise an invoice to reflect the correct billing entity upon the written request of Customer, solely provided such written request is received within sixty (60) days of the date of such invoice. 3.4 If Customer disputes any portion of an invoice, Customer must (i) pay the undisputed portion of the invoice as set forth in Section 3.3; and (ii) submit a written claim to xxxxxxx@xxxxxxx.xxx regarding the disputed amount and setting forth the particulars thereof for any disputed amounts withheld within sixty (60) days of the date printed on the invoice giving rise to the claim. 3.5 Customer shall provide Masergy with credit information as requested, and delivery of Service is subject to credit approval. Customer hereby consents to Masergy’s retrieval of credit information, regarding Customer, from third parties. Masergy may require Customer to make a deposit or pre-payment reasonably acceptable to Masergy as a condition to Masergy’s acceptance or continued provisioning of any Service Order Form, or as a condition to Masergy’s continuation of Service. Masergy shall hold any deposit or pre-payment provided by Customer under this Section 3.5 as security for payment of Customer’s charges without any responsibility for paying Customer interest on any amounts held. At such time as the provision of all Services to Customer is terminated, the amount of the deposit or pre-payment will be credited to Customer’s account, and any credit balance, which may remain, will be refunded. 3.6 If Customer elects to upgrade, relocate or otherwise change the place that Services are delivered, Customer shall be responsible for any applicable charges as specified and agreed to in a Service Order Form, provided however that Customer shall not be liable for the early termination charges set out in Section 4.5 for the disconnection of the old site specified on the Service Order Form. 3.7 Other than taxes on Masergy’s net income, Customer will be responsible for payment of all taxes, fees, charges, surcharges, or withholdings of any nature imposed by any U.S. or foreign taxing or government authority based on the provision, sale or use of the Services (hereafter "Taxes") and a regulatory administrative recovery fee to recover expenses incurred by Masergy related to its collection of Taxes and compliance with related regulations. All charges, fees, or quotations for Services are net of applicable Taxes. If Customer is required by applicable law to make any deduction or withholding from any payment due hereunder to Masergy, then the gross amount payable by Customer to Masergy will be increased so that, after any such deduction or withholding for Taxes, the net amount received by Masergy will not be less than Masergy would have received had no such deduction or withholding been required.