SERVICE RATES AND TERMS Sample Clauses

SERVICE RATES AND TERMS. (A) Qwest Service descriptions and rates are shown and described in the following Exhibits: Qwest Express (Blended) Terminating Services Description Exhibit Qwest Express (Blended) Terminating Services Rate Schedule Exhibit Qwest Express 8XX Originating Transport and RESP ORG Services Description Exhibit Qwest Express 8XX Originating Transport and RESP ORG Services Rate Schedule Exhibit Qwest reserves the right to eliminate any Service offerings and/or modify any charges for Service offerings upon written notice to Customer as follows: a) Rate decreases and additional services offered, if any, in Qwest's discretion, shall be effective immediately upon written notification to the Customer or upon an effective date set forth by Qwest in such notification; b) All rates, Services and agreements specified in Exhibits and attachments are subject to change immediately, with no prior notice to Customer, in the event there are mandated surcharges imposed by a federal, state or governmental agency. Further, notwithstanding any statements to the contrary contained in the Tariff, in the event that any regulatory agency, legislative body or court of competent jurisdiction promulgates regulations or modifies existing ones including, without limitation, regulations regarding payphone compensation, access charges and/or universal service (the "Regulatory Activity"), Qwest reserves the right, at any time upon written notice, to: (i) pass through to Customer all, or a portion of, any QWEST COMMUNICATIONS CORPORATION CARRIER SERVICE AGREEMENT charges or surcharges directly related to such Regulatory Activity; or (ii) modify the rates, including any rate guarantees, and/or other terms and conditions contained in this Agreement and/or the Tariff to reflect the impact of such Regulatory Activity; c) International rates, Services and agreements specified in Exhibits and attachments, including Canadian and Mexican services, are subject to change upon five (5) calendar days written notice to Customer; All other rates, Services and agreements specified in Exhibits and attachments, excluding international, Canadian, and Mexican services, are subject to change upon thirty (30) calendar days written notice to Customer; (B) Customer shall have the right to terminate this Agreement in the event of any material (i) increase in rates for Services utilized by Customer, (ii) change in the Tariff or (iii) change in the Services, without penalty or early termination fee if such notice is deli...
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SERVICE RATES AND TERMS. (A) Qwest service rates and terms are shown and described in Exhibit A. All discounts will be calculated based on total domestic and international usage and are applied to interstate usage charges, except the discount may not exceed the total interstate usage charge incurred in any month. If Customer does not maintain its Monthly Commitment as set forth above, the terms and conditions of Exhibit A shall apply. -------------------- [*] Information redacted pursuant to a confidential treatment request throughout this exhibit. QWEST CONFIDENTIAL AND PROPRIETARY (B) Qwest reserves the right to change international rates upon five (5) calendar days notice and, domestic rates and Services described herein and in Exhibit A at any time upon thirty (30) calendar days prior written notice. Rate decreases and the offering of additional services may, in Qwest's sole discretion, be effective immediately upon or as of a date specified in a written notification to the Customer. (C) In the event that any regulatory agency, legislative body or court of competent jurisdiction promulgates regulations or modifies existing ones including, without limitation, regulations regarding payphone compensation, access charges and/or universal service ("Regulatory Activity"), Qwest reserves the right, at any time and upon written notice, to: (i) pass through to Customer all, or a portion of, any charges or surcharges directly or indirectly related to such Regulatory Activity; or (ii) modify the rates, including any rate guarantees, and/or other terms and conditions contained in this Agreement and/or the Tariff to reflect the impact of such Regulatory Activity. (D) Rates for Private Line Services and Services requiring dedicated access do not include installation, access and access-related charges, which are additional. (E) Customer shall pay all applicable federal, state and local taxes and surcharges unless and until Customer submits valid tax exemption certificates for an applicable tax. Credits or refunds of tax payments will not be issued to Customer for usage prior to the submission of tax exemption certificates. (F) Customer shall have the right to terminate this Agreement, in whole or in part, in the event of any material increase in rates for Services utilized by Customer, without penalty or fee.
SERVICE RATES AND TERMS 

Related to SERVICE RATES AND TERMS

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  • Definitions and Terms Term Definition

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  • Prices and Terms of Payment (a) In consideration of the sale of Products and/or the performance of Services by Signify, Customer shall pay all prices and fees (“Prices”) in accordance with the Agreement and this section 2. Prices are in euro and unless agreed otherwise based on Ex Works – Signify facility (INCOTERMS latest version). Unless stipulated otherwise by the applicable INCOTERMS, Prices do not include any taxes, duties or other governmental fees, now or hereafter enacted, including value-added or similar taxes levied by any government, and Signify may add these to the Price or invoice separately, and Customer will reimburse Signify promptly on first request. (b) Subject to notice to Customer, Signify reserves the right to adjust Prices for Products and/or Services not yet delivered or performed to reflect variations in individual costs of more than five percent (5%) including any foreign exchange rate fluctuations, raw materials and other costs of manufacturing and distribution, and labor costs, that take effect between the date of the Agreement and delivery of Products and/or performance of Services. In addition, if an Agreement has a term longer than twelve (12) months, Signify may adjust Prices as of each 1st April (i) for the change in the most recently published producer price index (PPI) compared to twelve (12) months earlier; and (ii) to reflect variations in the foreign exchange rate between the foreign currency and the Euro currency of more than 5% since the date of an Offer. (c) Any cancellation, delay or other change by Customer of a purchase order previously accepted by Signify will require the prior approval of Signify and the approval will be without prejudice to any rights or remedies Signify may have under the Agreement or at law. If, on request of Customer, Signify agrees to any such change in purchase order or a change in an Agreement, including an (partial) cancellation, delay or suspension, the addition, omission, alteration, substitution or modification of the design, quality, standard, quantity, manufacturing site or performance (including sequence, quantities or timing) of Products and/or Services (each, a “Variation”), or a Variation is required due to (i) changes in applicable laws, regulations or industry standards, (ii) emergency situations, (iii) incorrect or incomplete information provided by Customer, or (iv) non-compliance by Customer of any of its obligations under an Agreement, Customer shall reimburse Signify for all costs and expenses incurred in respect of such Variation promptly on first request. (d) Signify may invoice Customer upon shipment of Products, or when Services have been performed. Signify may require (i) Customer to pay on fixed payment days; (ii) an advance payment of (part of) the Price; and/or (iii) invoice per separate specified phase, time period or milestone of performance. Customer shall make net payment within thirty (30) days of date of invoice to the designated bank account of Signify. Customer shall pay all amounts due to Signify in full without any set-off, counterclaim, deduction or (tax) withholding. (e) In the event Customer fails to make any payment due under an Agreement on the due date, then, whether or not Signify has made a formal demand for payment and in addition to any other rights and remedies available to Signify, to the extent permitted by applicable law: (i) all amounts due from Customer will be considered payable and non-disputed, admitted debt; (ii) Customer shall pay Signify interest on all due amounts from the due date until Signify has received full payment thereof, at the rate of eighteen percent (18%) per annum or the applicable statutory rate, whichever is higher, and shall pay Signify all costs of payment collection, including attorneys’ fees; and (iii) Signify may cancel any credit issued to Customer and require, to its satisfaction, that Customer provides (additional) security, pre-payments or deposits, and may implement additional conditional payment terms or accelerate payments schedules for any outstanding performance. (f) Signify may set off against and deduct from any amount that Signify (or any of its affiliates) owes to Customer under any agreement any amount that Customer owes to Signify or against any advance payments or deposits made by Customer. In the event that Signify sets off amounts in different currency it will use a commonly used currency conversion rate.

  • Definitions of Words and Terms Capitalized words used in this Agreement which are not otherwise defined herein shall have the meanings set forth in the Annex of Definitions attached hereto.

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