Common use of Certain Payment Terms Clause in Contracts

Certain Payment Terms. No part of the Services Fee shall be refunded to the Client should the Offering fail to obtain qualification with the SEC. RDR shall engage in commercially reasonable steps to ensure qualification of the Offering, however RDR cannot and does not provide a guarantee that such offering will ultimately obtain SEC qualification. Clients who pay the engagement fee by check or bank wire will be contacted prior to the first and second payment due dates (30 days and 60 days after execution of this Agreement, respectively) to arrange payment for subsequent installment payments. Clients who desire to process any of the above referenced payments via credit or debit card may be assessed a 3% processing charge. Client hereby agrees and understands that the payment of the second and third installment payments is not subject to completion of the Form 1-A Offering Circular, submission of such Offering Circular to the SEC, or obtaining final SEC qualification of the Offering as RDR does not control the timing of Client provided data or timing of SEC comments and aggregation of needed information from the Client to address such SEC comments. Client hereby understands and agrees that by engaging RDR for services RDR will be assigning staff to work on the Client’s behalf to provide the services rendered under this Agreement. RDR’s internal policies limit the number of clients that can be assigned to RDR staff to ensure each Client is provided quality and timely services. Therefore, by engaging RDR the Client agrees that the timing and processing of the second and third installment payments is not dependent on progress related to preparation of the Offering. Should the Client delay in providing needed information to RDR for development of the Offering Documents, the second and third installment payments shall still be due, payable, and tendered to RDR on the due date referenced above. RDR retains the right to suspend work on any Client account should a contracted payment fall in arrears by more than ten (10) business days from such payment’s due date. RDR may terminate an account if a contracted payment is more than twenty (20) business days in arrears. RDR shall not be responsible for any SEC or state related compliance issues, including if a Client account is suspended or terminated due to a default payment or inactivity; nor shall RDR be contractually responsible for engaging with the SEC on the Client’s behalf from the date of account termination or suspension. Reactivation of a terminated account will increase the time and effort to begin work on the file and, as such, a reactivation fee equal to $5,000 shall be assessed to the Client.

Appears in 2 contracts

Samples: Offering Preparation Services Agreement, Offering Preparation Services Agreement

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Certain Payment Terms. No part of the Services Fee shall be refunded to the Client should the Offering fail to obtain qualification with the SEC. RDR shall engage in commercially reasonable steps to ensure qualification of the Offering, however RDR cannot and does not provide a guarantee that such offering will ultimately obtain SEC qualification. Clients who pay the engagement fee by check or bank wire will be contacted prior to the first and second payment due dates (30 days and 60 days after execution of this Agreement, respectively) to arrange payment for subsequent installment payments. Clients who desire to process any of the above referenced payments via credit or debit card may be assessed a 3% processing charge. Client hereby agrees and understands that the payment of the second and third installment payments payment is not subject to completion of the Form 1-A Offering CircularPrivate Placement Memorandum, submission of such Offering Circular to the SECClient, or obtaining final SEC qualification Client approval of the Offering as RDR does not control the timing of Client provided data or timing of SEC comments and aggregation of needed information from the Client to address such SEC commentsPrivate Placement Memorandum. Client hereby understands and agrees that by engaging RDR for services RDR will be assigning staff to work on the Client’s behalf to provide the services rendered under this Agreement. RDR’s internal policies limit the number of clients that can be assigned to RDR staff to ensure each Client is provided quality and timely services. Therefore, by engaging RDR the Client agrees that the timing and processing of the second and third installment payments payment is not dependent on progress related to preparation of the Offering. Should the Client delay in providing needed information to RDR for development of the Offering Documents, the second and third installment payments shall still be due, payable, and tendered to RDR on the due date referenced above. RDR retains the right to suspend work on any Client account should a contracted payment fall in arrears by more than ten (10) business days from such payment’s due date. RDR may terminate an account if a contracted payment is more than twenty (20) business days in arrears. RDR shall not be responsible for any SEC or state related compliance issues, including if a Client account is suspended or terminated due to a default payment or inactivity; nor shall RDR be contractually responsible for engaging with the SEC on the Client’s behalf from the date of account termination or suspension. Reactivation of a terminated account will increase the time and effort to begin work on the file and, as such, a reactivation fee equal to $5,000 shall be assessed to the Client.

Appears in 2 contracts

Samples: Regulation D Offering Preparation Services Agreement, Regulation D Offering Preparation Services Agreement

Certain Payment Terms. No part of the Services Fee shall be refunded to the Client should the Offering fail to obtain qualification with the SEC. RDR shall engage in commercially reasonable steps to ensure qualification of the Offering, however RDR cannot and does not provide a guarantee that such offering will ultimately obtain SEC qualification. Clients who pay the engagement fee by check or bank wire will be contacted prior to the first and second payment due dates (30 days and 60 days after execution of this Agreement, respectively) to arrange payment for subsequent installment payments. Clients who desire to process any of the above referenced payments via credit or debit card may be assessed a 3% processing charge. Client hereby agrees and understands that the payment of the second and third installment payments payment is not subject to completion of the Form 1-A Offering CircularC, submission of such Offering Circular to the SECClient, or obtaining final SEC qualification Client approval of the Offering as RDR does not control the timing of Client provided data or timing of SEC comments and aggregation of needed information from the Client to address such SEC comments. Form C. Client hereby understands and agrees that by engaging RDR for services RDR will be assigning staff to work on the Client’s behalf to provide the services rendered under this Agreement. RDR’s internal policies limit the number of clients that can be assigned to RDR staff to ensure each Client is provided quality and timely services. Therefore, by engaging RDR the Client agrees that the timing and processing of the second and third installment payments payment is not dependent on progress related to preparation of the Offering. Should the Client delay in providing needed information to RDR for development of the Offering Documents, the second and third installment payments shall still be due, payable, and tendered to RDR on the due date referenced above. RDR retains the right to suspend work on any Client account should a contracted payment fall in arrears by more than ten (10) business days from such payment’s due date. RDR may terminate an account if a contracted payment is more than twenty (20) business days in arrears. RDR shall not be responsible for any SEC or state related compliance issues, including if a Client account is suspended or terminated due to a default payment or inactivity; nor shall RDR be contractually responsible for engaging with the SEC on the Client’s behalf from the date of account termination or suspension. Reactivation of a terminated account will increase the time and effort to begin work on the file and, as such, a reactivation fee equal to $5,000 shall be assessed to the Client.

Appears in 1 contract

Samples: Preparation Services Agreement

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Certain Payment Terms. No part of the Services Fee shall be refunded to the Client should the Offering fail to obtain qualification with the SEC. RDR shall engage in commercially reasonable steps to ensure qualification of the Offering, however RDR cannot and does not provide a guarantee that such offering will ultimately obtain SEC qualification. Clients who pay the engagement fee by check or bank wire will be contacted prior to the first and second payment due dates (30 days and 60 days after execution of this Agreement, respectively) to arrange payment for subsequent installment payments. Clients who desire to process any of the above referenced payments via credit or debit card may shall be assessed a 3% processing charge. Client hereby agrees and understands that the payment of the second and third installment payments is not subject to completion of the Form 1-A Offering Circular, submission of such Offering Circular to the SEC, or obtaining final SEC qualification of the Offering as RDR does not control the timing of Client provided data or timing of SEC comments and aggregation of needed information from the Client to address such SEC comments. Client hereby understands and agrees that by engaging RDR for services RDR will be assigning staff to work on the Client’s behalf to provide the services rendered under this Agreement. RDR’s internal policies limit the number of clients that can be assigned to RDR staff to ensure each Client is provided quality and timely services. Therefore, by engaging RDR the Client agrees that the timing and processing of the second and third installment payments is not dependent on progress related to preparation of the Offering. Should the Client delay in providing needed information to RDR for development of the Offering Documents, the second and third installment payments shall still be due, payable, and tendered to RDR on the due date referenced above. RDR retains the right to suspend work on any Client account should a contracted payment fall in arrears by more than ten (10) business days from such payment’s due date. RDR may terminate an account if a contracted payment is more than twenty (20) business days in arrears. RDR shall not be responsible for any SEC or state related compliance issues, including if a Client account is suspended or terminated due to a default payment or inactivity; nor shall RDR be contractually responsible for engaging with the SEC on the Client’s behalf from the date of account termination or suspension. Reactivation of a terminated account will increase the time and effort to begin work on the file and, as such, a reactivation fee equal to $5,000 shall be assessed to the Client.

Appears in 1 contract

Samples: Offering Preparation Services Agreement

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