Your Payment Obligations. Fees for the Cloud Service set out in Your purchase terms with Your Approved Source are non-refundable and payment obligations are non-cancelable, except as provided herein, in those purchase terms or where prohibited by law. If Your use of the Cloud Service(s) exceeds Your entitlement rights, You agree to pay for Your excess use as required under Your purchase terms or Cisco buying program.
Your Payment Obligations. Payment must be made in U.S. Dollars and is due in advance. If your credit or bank card provider refuses a charge or an automated withdrawal, we can terminate or suspend your Services. If you object to any fees or charges for Services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred (unless the law does not allow a limit or the law requires a longer period), OR YOU WAIVE THE DISPUTE.
Your Payment Obligations. (1) If you fail to comply with this Section 8 during the Employment Period and for a 12-month period thereafter, other than any isolated, insubstantial and inadvertent failure that is not in bad faith, you will:
(A) forfeit all (i) Options and other equity-based compensation (with features similar to exercise) that have been awarded by the Company to you and not been exercised at the time of determination and (ii) restricted stock and other equity-based compensation (without features similar to exercise) that have been awarded by the Company and not vested at the time of determination; and
(B) pay to the Company the amount of all gain to you within the 12 months before the time of determination from (i) the exercise of any Options and other equity-based compensation (with features similar to exercise) that have been awarded by the Company to you, (ii) the vesting of any restricted stock and other equity-based compensation (without features similar to exercise) that have been awarded by the Company to you and (iii) the forgiveness by the Company of any loan to you.
(2) To determine the amount you owe under this Section 8(c)(I)(B):
(A) The value of the Company’s common stock on any date will be calculated using the average closing sale price of the Company’s common stock on the NASDAQ Global Market for the 20 full trading days ending on that date.
(B) Gain on the exercise of stock options and other equity-based compensation with features similar to exercise will be based on the value of the Company’s common stock on the date of exercise.
(C) Gain on the vesting of any restricted stock and other equity-based compensation without features similar to exercise will be based on the value of the Company’s common stock on the date of vesting.
(D) Gain will be determined after any income taxes that you owe as a result of vesting, exercise or forgiveness (or would owe if the exercise or vesting resulted in the realization of income or gain at the time for income tax purposes) so long as you timely pay all of these taxes that you owe and you pay to the Company any federal, state or local income tax benefit to you as a result of paying the Company under this Section 8(c) within 5 Business Days of the time that you actually realize the benefit. A “Business Day” means any day on which banks are open for business in New York, New York.
Your Payment Obligations. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of this Service Agreement.
Your Payment Obligations. This clause explains your obligation to pay for the lease of the Goods. Our rights in the event of your failure to pay are set out in clause 6.
5.1 You must pay the Amount Due and the Total Rental Amount.
5.2 You must pay the Amount Due at the time of delivery of the Goods to you, or if the Contract is an Unsolicited Contract, you must pay it at the expiry of the Cooling-Off Period.
5.3 You must pay the Total Rental Amount:
(a) in full at the time of delivery if the Lease Period is for one month or less; or
(b) by paying the Rental Amount no later than the Payment Date for each Charge Period until the end of the Lease Period if the Lease Period is greater than a month.
5.4 We may also require you to pay at the time of delivery a sum of money as a deposit or bond if this amount is specified in the Lease Schedule. Xxxxxxx later in these Terms and Conditions explain how this money is dealt with.
5.5 Your obligation to pay the Rental Amount no later than the Payment Date for each Charge Period continues where any act or omission by you has caused the Goods to break down, become defective, damaged, under repair or otherwise not in your possession.
5.6 You are required to pay any fee or charge referred to in this Contract and any new fee or charge which we impose in accordance with our rights under this Contract.
Your Payment Obligations. You must pay us the Service Fees in the manner set out in the Service Schedule or, in the event that the manner of paying the Service Fees is not set out in the Service Schedule, you must pay us the Service Fees in full when this Agreement is made.
Your Payment Obligations. 7.1 You must pay us for the Package Deal by way of a specified number of consecutive monthly payments ("Due Amounts").
7.2 Your first payment for the Package Deal will be due upon the first delivery of the Equipment.
7.3 With effect from the Commencement Date or the deadline referred to in clause 2.5.2 (whichever is the earlier), you will be liable for the payment of the Due Amounts regardless of whether or not -
7.3.1 you install or use the Equipment;
7.3.2 your Equipment is lost, stolen or damaged or otherwise capable of being used optimally or at all;
7.3.3 we have suspended your access to the access to the Service in accordance with clause 19 below;
7.3.4 you access or continue to access the Service; or
7.3.5 you are in the Coverage Area.
7.4 We may use payment systems owned and operated by third parties ("Payment System Providers") to facilitate the collection of Due Amounts and other amounts payable by you.
7.5 You agree to authorise us –
7.5.1 to collect all Due Amounts by means of a debit order which will be payable on the Monthly Due Dates; and
7.5.2 to include the Due Amounts in terms of this Agreement in any other debit order authorised or to be authorised by you to pay for other services provided by us, so that only one debit order is payable and debited against your bank account.
7.6 The Service is provided on a pre-paid basis.
7.7 In order to have continued access to the Service you must make, and we must receive, your payment of the Due Amount on or before the Monthly Due Date.
7.8 If we do not receive payment of your Due Amount as contemplated in clause 7.6 above, we may suspend your access to the Service, as contemplated in clause 19 below.
7.9 If your access to the Service is suspended, we will not reactivate your access to the Service until we have received payment of your overdue and Due Amounts and the Reactivation Fee.
Your Payment Obligations. You agree to pay all amounts due or incurred by You, as specified in any Tenable Invoice or any other invoice or ecommerce transaction provided by Tenable or its reseller in consideration for Your use of the Services. Fees are charged for access to the Services and/or Software, not actual usage. Unless otherwise agreed to in writing or as detailed in a signed Statement of Work, payment for Professional Services is due within thirty (30) days from the Order Date. You agree to pay for actual travel and living expenses for Professional Services where Tenable is conducting on- site work. Payment for travel and living expenses is due thirty (30) days from the date You receive a Tenable Invoice. You agree to pay directly or reimburse Tenable or its reseller for any taxes (including, sales or excise taxes, value added taxes, gross receipt taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, imposed on or arising out of this Agreement or Your use of the Services. Notwithstanding the foregoing, Tenable will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. You agree to pay Tenable or its reseller without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If You are legally required to make any deductions or withholding, You agree to provide evidence of such withholding upon request. You agree to pay any interest and penalties imposed by any taxing authorities to the extent such interest and penalties are applicable to taxes not paid at Your request or as a result of reliance by Tenable on Your representations. If a certificate of exemption or similar document or proceeding is necessary in order to exempt any transaction from a tax, You will obtain such certificate or document.
Your Payment Obligations. Depending on the Service Plan you choose, you'll have different payment responsibilities (as more fully set forth in this Agreement), but you must always pay on time and (unless the law provides otherwise) in full. You're responsible for paying directly to others all charges for services furnished by them that aren't expressly covered by your Service Plan (e.g. ambulance service or local government permits/registrations). If your credit card provider refuses a charge, we can suspend your service and if you subsequently fail to pay the required charge once notified of the charge refusal, we can cancel your service (please see section 3.C below). If you object to any fees or charges for services billed by or through us, you must tell us in writing within 60 days (or such longer period as required by law) after the fee or charge is incurred. If you fail to notify us within the required period of time you will have WAIVED THE DISPUTE unless the law where you live does not allow for such a limitation on your ability to enforce your rights. You should be aware that depending on where you live, you may be entitled to enforce your rights for a period of up to three years.
Your Payment Obligations. If you fail to comply with this Section 8 during the Compensation Period and for a 12-month period thereafter, other than any isolated, insubstantial and inadvertent failure that is not in bad faith, you will forfeit all (i) remaining payments owed to you under Section 6 and (ii) restricted stock and other equity-based compensation (without features similar to exercise) that have been awarded by the Group and not vested at the time of determination.
