Common use of Sales, Payment, Term and Termination Clause in Contracts

Sales, Payment, Term and Termination. (a) Sales to the Customer. Charges for the use of Services are invoiced on a monthly basis. For Services sold under a Named User License, the Subscription Charges shall be invoiced in advance and usage fees will be invoiced in arrears. Except for the Effective Date's month Subscription Charge, all Subscription Charges are billed monthly in advance and non refundable, and audio minutes not included in subscription plans are billed in arrears. For the avoidance of doubt, Xxxxxxxx's initial invoice for any Services under Named User Licenses will include the Subscription Charge for the initial month (prorated where applicable) and Subscription Charge billed in advance for the upcoming month. Minimum commitment. Without prejudice to section 2.2(e), in the event You have agreed to a Minimum Commitment and You do not meet it in any given month, quarter or year (as applicable) You shall pay the shortfall equal to the difference between the Minimum Commitment less any actual usage made by You during that particular period. Subscription Plan. Without prejudice to section 2.2(e), in the event You have agreed to a Subscription Plan, if at the end of each month it is determined by PGi that You have utilised the Services in excess of or in addition to the level set forth in a particular tier during that month, then You shall pay to PGi all charges for actual usage or consumption incurred during that month on account of the Services utilised in excess of or in addition to the Services set forth in that particular tier at the overage rate detailed in the Customer Service Agreement, provided that You may adjust the package to an upward level at any time by providing PGi written notice and receive the benefit of the lower price. Fees payable for overage amounts shall be invoiced monthly, in arrears, on the basis of minutes of use.