Common use of Charges & Payment Clause in Contracts

Charges & Payment. 9.1 The Client shall pay all agreed Charges in accordance with this Agreement. Where the Proposal does not contain details of when payments are payable, the following provisions of this condition 9.1 shall apply: All Invoices payable 30 days from date of invoice; Annual charge invoiced in advance and payable thirty days from date of invoice. 9.2 The Client shall pay in full and without any counter claim or set off within 30 days of invoice. 9.3 The Client shall pay within 30 days of invoice date any additional charges that are incurred as a result of the Client’s instructions to add to or amend the Services or, as may be agreed between the parties, are required as a result of any inaccuracy, delays or other cause wholly or partly attributable to the Client, and the provisions of condition 2.4 shall apply. 9.4 Appropriate credit checks may be undertaken by BlackLight Software before providing the Services and the Client shall provide all assistance and permissions reasonably required in connection thereto. The Client acknowledges that in BlackLight Software carrying out credit reference checks against the Client, this may affect the Client’s credit rating. 9.5 Payment of all Charges, expenses and other payments shall be made in full and free from any deductions, rights of set-off, counterclaims or liens. Expenses will only be submitted after prior written agreement by the customer 9.6 In the event of late payment and in addition to and notwithstanding any provisions and remedies for late payment contained in this Agreement or otherwise BlackLight Software may also choose to suspend performance of this Agreement in accordance with the provisions of condition 9.7 BlackLight Software shall retain all title in all Products and IPR supplied under this Agreement until payment is received in full. 9.8 BlackLight Software shall be entitled to recover the Charges notwithstanding that delivery of the Products may not have taken place, Services may not have been performed to completion and the property and IPR in the Products has not passed to the Client. The time of payment of the Charges shall be of the essence of the Contract. 9.9 If the Client fails to make any payment on the due date then, without limiting any other right or remedy available to BlackLight Software, BlackLight Software may: 9.9.1 Cancel the Contract and/or suspend any further deliveries/Services to the Client, provided that notice of such non-payment has been given to the Client and such outstanding sum has not been repaid within 10 days of the date of such notice; 9.9.2 Appropriate any payment made by the Client to such of the Products (or the products/services supplied under any other contract between the Client and BlackLight Software) as BlackLight Software may think fit (notwithstanding any purported appropriation by the Client); and 9.9.3 Charge the Client interest (both before and after any judgment) on the amount unpaid, at the rate of 3 per cent per annum above HSBC Bank base rate from time to time, until payment in full is made. Interest shall accrue daily and be compounded monthly (a part of a month being treated as a full month for the purpose of calculating interest). The parties agree that this constitutes a substantial remedy in terms of the Late Payment of Commercial Debts (Interest)