Common use of Service Rebates Clause in Contracts

Service Rebates. If specified in Schedule E and if seller is responsible for failing to achieve a service level, seller: must pay service rebates to buyer in accordance with Schedule E; acknowledges that any service rebates calculated in accordance with Schedule E are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure; acknowledges that payment of any service rebates will be without prejudice to any other rights or remedies buyer has against seller under, or arising from, this contract because of the service level failure; and will not be liable to pay any service rebates to the extent the service level failure was caused by buyer’s failure to comply with the contract. The parties agree that the total amount of service rebates payable by seller under this contract must not exceed the total amount of the charges payable to seller under this contract. GST and other taxes All taxes imposed or levied in Australia or overseas in connection with this contract will be the responsibility of seller. In this clause 10.5, a word or expression defined in the GST Act has the meaning given to it in that Act. If a party (supplier) makes a supply under or in connection with this contract in respect of which GST is payable, the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply. Maximum charges payable Notwithstanding any other provision of this contract (other than clause 10.7) buyer has no liability to pay charges to seller to the extent that those charges exceed the maximum charges payable. Late payment of invoices This clause 10.7 only applies where: the value of this contract is not more than $1 million (GST inclusive); and amount of the interest payable exceeds $100 (GST inclusive). buyer must pay interest on late payments to seller as follows: for payments made by buyer between 30 days and up to 60 days after the amount became due and payable, only where seller issues a correctly rendered invoice for the interest; or for payments made by buyer more than 60 days after the amount became due and payable, buyer will pay the interest accrued together with the payment. Interest payable under this clause 10.7 will be simple interest on the unpaid amount at the general interest charge rate, calculated in respect of each day after the amount was due and payable, up to and including the day buyer effects payment as represented by the following formula: SI = UA x GIC x D, where: SI = simple interest amount; UA = the unpaid amount; GIC = general interest charge rate; and D = the number of days from the day after payment was due up to and including the day when buyer’s system generates a payment request into the banking system for payment to seller. Right to recover money Without limiting buyer’s rights or remedies under this contract or at law, if seller owes any debt to buyer in relation to this contract, buyer may do one or both of the following: deduct the amount of the debt from payment of any claim or monies owed to seller by buyer; give seller a notice requesting payment of the debt by seller. seller must pay the amount claimed by buyer in a notice issued under clause b) within 30 days of the notice date. If any money owed to buyer is not received by the due date for payment, seller must pay buyer interest for each day of the delay at the general interest charge rate current at the due date for payment. Information management Privacy seller must, in relation to the performance of this contract: not do any act, omit any act or engage in any practice; ensure that seller’s personnel do not do any act, omit any act or engage in any practice; and ensure that every subcontract makes it a breach of the subcontract by the subcontractor if the subcontractor does any act, omits any act or engages in any practice, that: if done or omitted by buyer, would be a breach of an Australian Privacy Principle under the Privacy Act 1988 (Cth); and/or would be an interference with the privacy of an individual, within the meaning of that expression in the Privacy Act 1988 (Cth). seller must comply with, and ensure that seller’s personnel comply with, any privacy policy or guidelines specified at Item 23 of Schedule B.

Service Rebates. If specified in Schedule E F and if seller is responsible for failing to achieve a service level, seller: must pay service rebates to buyer in accordance with Schedule EF; acknowledges that any service rebates calculated in accordance with Schedule E F are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure; acknowledges that payment of any service rebates will be without prejudice to any other rights or remedies buyer has against seller under, or arising from, this contract because of the service level failure; and will not be liable to pay any service rebates to the extent the service level failure was caused by buyer’s failure to comply with the contract. The parties agree that the total amount of service rebates payable by seller under this contract must not exceed the total amount of the charges payable to seller under this contract. GST and other taxes All taxes imposed or levied in Australia or overseas in connection with this contract will be the responsibility of seller. In this clause 10.511.5, a word or expression defined in the GST Act has the meaning given to it in that Act. If a party (supplier) makes a supply under or in connection with this contract in respect of which GST is payable, the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply. Maximum charges payable Notwithstanding any other provision of this contract (other than clause 10.711.7) buyer has no liability to pay charges to seller to the extent that those charges exceed the maximum charges payable. Late payment of invoices This clause 10.7 11.7 only applies where: the value of this contract is not more than $1 million (GST inclusive); and amount of the interest payable exceeds $100 (GST inclusive). buyer must pay interest on late payments to seller as follows: for payments made by buyer between 30 days and up to 60 days after the amount became due and payable, only where seller issues a correctly rendered invoice for the interest; or for payments made by buyer more than 60 days after the amount became due and payable, buyer will pay the interest accrued together with the payment. Interest payable under this clause 10.7 11.7 will be simple interest on the unpaid amount at the general interest charge rate, calculated in respect of each day after the amount was due and payable, up to and including the day buyer effects payment as represented by the following formula: SI = UA x GIC x D, where: SI = simple interest amount; UA = the unpaid amount; GIC = general interest charge rate; and D = the number of days from the day after payment was due up to and including the day when buyer’s system generates a payment request into the banking system for payment to seller. Right to recover money Without limiting buyer’s rights or remedies under this contract or at law, if seller owes any debt to buyer in relation to this contract, buyer may do one or both of the following: deduct the amount of the debt from payment of any claim or monies owed to seller by buyer; give seller a notice requesting payment of the debt by seller. seller must pay the amount claimed by buyer in a notice issued under clause bsubclause 11.8.1.b) within 30 days of the notice date. If any money owed to buyer is not received by the due date for payment, seller must pay buyer interest for each day of the delay at the general interest charge rate current at the due date for payment. Information management Privacy seller must, in relation to the performance of this contract: not do any act, omit any act or engage in any practice; ensure that seller’s personnel do not do any act, omit any act or engage in any practice; and ensure that every subcontract makes it a breach of the subcontract by the subcontractor if the subcontractor does any act, omits any act or engages in any practice, that: if done or omitted by buyer, would be a breach of an Australian Privacy Principle under the Privacy Act 1988 (Cth); and/or would be an interference with the privacy of an individual, within the meaning of that expression in the Privacy Act 1988 (Cth). seller must comply with, and ensure that seller’s personnel comply with, any privacy policy or guidelines specified at Item 23 20 of Schedule B.

Service Rebates. If specified in Schedule E F and if seller is responsible for failing to achieve a service level, seller: must pay service rebates to buyer in accordance with Schedule EF; acknowledges that any service rebates calculated in accordance with Schedule E F are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure; acknowledges that payment of any service rebates will be without prejudice to any other rights or remedies buyer has against seller under, or arising from, this contract because of the service level failure; and will not be liable to pay any service rebates to the extent the service level failure was caused by buyer’s failure to comply with the contract. The parties agree that the total amount of service rebates payable by seller under this contract must not exceed the total amount of the charges payable to seller under this contract. GST and other taxes All taxes imposed or levied in Australia or overseas in connection with this contract will be the responsibility of seller. In this clause 10.511.5, a word or expression defined in the GST Act has the meaning given to it in that Act. If a party (supplier) makes a supply under or in connection with this contract in respect of which GST is payable, the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply. Maximum charges payable Notwithstanding any other provision of this contract (other than clause 10.711.7) buyer has no liability to pay charges to seller to the extent that those charges exceed the maximum charges payable. Late payment of invoices This clause 10.7 11.7 only applies where: the value of this contract is not more than $1 million (GST inclusive); and amount of the interest payable exceeds $100 (GST inclusive). buyer must pay interest on late payments to seller as follows: for payments made by buyer between 30 days and up to 60 days after the amount became due and payable, only where seller issues a correctly rendered invoice for the interest; or for payments made by buyer more than 60 days after the amount became due and payable, buyer will pay the interest accrued together with the payment. Interest payable under this clause 10.7 11.7 will be simple interest on the unpaid amount at the general interest charge rate, calculated in respect of each day after the amount was due and payable, up to and including the day buyer effects payment as represented by the following formula: SI = UA x GIC x D, where: SI = simple interest amount; UA = the unpaid amount; GIC = general interest charge rate; and D = the number of days from the day after payment was due up to and including the day when buyer’s system generates a payment request into the banking system for payment to seller. Right to recover money Without limiting buyer’s rights or remedies under this contract or at law, if seller owes any debt to buyer in relation to this contract, buyer may do one or both of the following: deduct the amount of the debt from payment of any claim or monies owed to seller by buyer; give seller a notice requesting payment of the debt by seller. seller must pay the amount claimed by buyer in a notice issued under clause b) uuuuuu within 30 days of the notice date. If any money owed to buyer is not received by the due date for payment, seller must pay buyer interest for each day of the delay at the general interest charge rate current at the due date for payment. Information management Privacy seller must, in relation to the performance of this contract: not do any act, omit any act or engage in any practice; ensure that seller’s personnel do not do any act, omit any act or engage in any practice; and ensure that every subcontract makes it a breach of the subcontract by the subcontractor if the subcontractor does any act, omits any act or engages in any practice, that: if done or omitted by buyer, would be a breach of an Australian Privacy Principle under the Privacy Act 1988 (Cth); and/or would be an interference with the privacy of an individual, within the meaning of that expression in the Privacy Act 1988 Xxx 0000 (Cth). seller must comply with, and ensure that seller’s personnel comply with, any privacy policy or guidelines specified at Item 23 26 of Schedule B.

Service Rebates. If specified in Schedule E F and if seller is responsible for failing to achieve a service level, seller: must pay service rebates to buyer in accordance with Schedule EF; acknowledges that any service rebates calculated in accordance with Schedule E F are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure; acknowledges that payment of any service rebates will be without prejudice to any other rights or remedies buyer has against seller under, or arising from, this contract because of the service level failure; and will not be liable to pay any service rebates to the extent the service level failure was caused by buyer’s failure to comply with the contract. The parties agree that the total amount of service rebates payable by seller under this contract must not exceed the total amount of the charges payable to seller under this contract. GST and other taxes All taxes imposed or levied in Australia or overseas in connection with this contract will be the responsibility of seller. In this clause 10.511.5, a word or expression defined in the GST Act has the meaning given to it in that Act. If a party (supplier) makes a supply under or in connection with this contract in respect of which GST is payable, the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply. Maximum charges payable Notwithstanding any other provision of this contract (other than clause 10.711.7) buyer has no liability to pay charges to seller to the extent that those charges exceed the maximum charges payable. Late payment of invoices This clause 10.7 11.7 only applies where: the value of this contract is not more than $1 million (GST inclusive); and amount of the interest payable exceeds $100 (GST inclusive). buyer must pay interest on late payments to seller as follows: for payments made by buyer between 30 days and up to 60 days after the amount became due and payable, only where seller issues a correctly rendered invoice for the interest; or for payments made by buyer more than 60 days after the amount became due and payable, buyer will pay the interest accrued together with the payment. Interest payable under this clause 10.7 11.7 will be simple interest on the unpaid amount at the general interest charge rate, calculated in respect of each day after the amount was due and payable, up to and including the day buyer effects payment as represented by the following formula: SI = UA x GIC x D, where: SI = simple interest amount; UA = the unpaid amount; GIC = general interest charge rate; and D = the number of days from the day after payment was due up to and including the day when buyer’s system generates a payment request into the banking system for payment to seller. Right to recover money Without limiting buyer’s rights or remedies under this contract or at law, if seller owes any debt to buyer in relation to this contract, buyer may do one or both of the following: deduct the amount of the debt from payment of any claim or monies owed to seller by buyer; give seller a notice requesting payment of the debt by seller. seller must pay the amount claimed by buyer in a notice issued under clause b) within 30 days of the notice date. If any money owed to buyer is not received by the due date for payment, seller must pay buyer interest for each day of the delay at the general interest charge rate current at the due date for payment. Information management Privacy seller must, in relation to the performance of this contract: not do any act, omit any act or engage in any practice; ensure that seller’s personnel do not do any act, omit any act or engage in any practice; and ensure that every subcontract makes it a breach of the subcontract by the subcontractor if the subcontractor does any act, omits any act or engages in any practice, that: if done or omitted by buyer, would be a breach of an Australian Privacy Principle under the Privacy Act 1988 (Cth); and/or would be an interference with the privacy of an individual, within the meaning of that expression in the Privacy Act 1988 (Cth). seller must comply with, and ensure that seller’s personnel comply with, any privacy policy or guidelines specified at Item 23 22 of Schedule B.