Common use of Fees and Payments Clause in Contracts

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyix.

Appears in 38 contracts

Sources: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure paym that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use Customer’suse of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If days’to nCuostotmier.cIef fees and charges set forth in an Order are conditioned upon Customer’s obligation Cust to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate affilPriomaottioenal (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market -cutrhrenet nmarket rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer,. NCR Voyix NCwRiVtoyhix out reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment -pnayomnent when due of any undisputed amounts owed to NCR Voyix.

Appears in 13 contracts

Sources: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure Customer¶V EDQN DQ $&+ SD\P that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use Customer¶Vus e of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice GD\V¶ to Customer. If QCuRstoWmLer.FIHf fees and charges set forth in an Order are conditioned upon Customer’s obligation FRQGLWLRQHG XSRQ &XVW to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the DIILOPrLomDoWtioHna l ³ Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to CustomerVoyix¶V VROH GLVFUHWLRQ . NCR Voyix NCZRLVWoyKix RXW reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment Customer¶V -pQayRmQent when due of any undisputed amounts owed to NCR Voyix.

Appears in 6 contracts

Sources: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, The Customer shall establish with NCR Voyix pay to Vendor for the Services, the fees and expenses set forth in this Agreement and the Addenda, which shall be described on a Vendor’s Services Invoice. Vendor will debit Customer’s bank an ACH payment procedure that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix billing account on or any time after the first day of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per each month commencing with the date payment was duethrough ACH. Customer shall pay any supply Vendor with a demand deposit account (DDA) for such billing payment. Customer, may, in good faith, reasonably dispute the validity of Vendor’s fees, provided Customer gives Vendor written notification of such dispute within ten 10 days of the date the Services Invoice is made available to Customer, and all taxes and duties, customs such notice references the specific disputed Vendor fees and similar charges in connection with the Agreementbasis for such dispute. Notwithstanding, including, without limitation, all fees shall be paid within 30 days of the date of Customer’s use of Software, Equipment or Services hereunderInvoice unless otherwise provided herein. During the Initial Term, NCR Voyix Vendor may not increase the fees and charges specified herein (including those set forth on an Order) once per yearduring the first 12 months of the Initial Term of any Addendum. Thereafter, Vendor may change, at its discretion, any fee upon notice to Customer; provided, however, that each such annual increase will not exceed the percentage any increase in prices for existing recurring Services shall not in the Consumer Price Index aggregate exceed 10% in any calendar year, excluding any price increase due to increased fees or assessments imposed by third party providers such as, but not limited to, telecommunication companies and national or regional network switch providers (“Third Party Increases”). Any increase, except Third Party increases, shall become effective not less than 30 days after the date Vendor sends to Customer, by ordinary mail, notice of such increase. Vendor may charge for any non-specified service it provides and expense it incurs at the request of or on behalf of Customer and Customer shall pay for such services and expenses as provided in this Section 4. Notwithstanding any other provisions of this Section 4, in the event that by virtue of any law, rule, or regulation now existing or hereinafter enacted, Vendor or Customer becomes obligated to change in any fashion their manner of doing business in order to comply with such law, rule or regulation and Vendor incurs any increased cost by virtue thereof. Vendor may reasonably increase its fees to Customer as necessary to offset such increased costs. Any increased fees hereunder, shall not be taken into account for purposes of any price adjustment. All Items for all urban consumers plus 2% (fees and charges paid hereunder shall be made without set-off or deduction. Any fee not paid when due shall bear interest at 1 percentage point per month but in no event will more than the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyixhighest interest rate permitted by Law.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (First Charter Corp /Nc/), Merger Agreement (First Charter Corp /Nc/)

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. A. Customer shall pay any and all taxes and duties, customs AssetWorks the applicable fees and similar charges as set forth in connection with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunderSchedule 5. During The Annual Service Fee will increase five (5) % on each anniversary during the Initial Term, NCR Voyix may increase the fees and every successive one-year renewal term. B. Customer shall be responsible for all taxes and charges specified herein assessed or imposed with respect to amounts payable hereunder, exclusive of VAT which shall be added to AW’s invoices at the appropriate rate. C. If Customer wishes to make monthly payments by credit card all to which such transaction constitutes a credit card charge, an additional credit card processing transaction fee will be calculated at four and one half (4.5)%. D. AssetWorks shall invoice Customer annually, in advance, and all invoiced fees shall be due and payable within thirty (30) days of the date of an invoice. All payments shall be made without deduction for any taxes or withholding or other offset. E. Any amounts not paid when due will be subject to interest accrued at the rate of eight (8) % per annum above the base rate from time to time of Barclays Bank plc or, if lower, at the maximum rate permitted under the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002 and 2013, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by AssetWorks. Interest payments that are accrued during billing disputes should be credited back to the Customer if said dispute is found to be through no fault of the Customer. F. A Customer will be considered delinquent if payment in full is not received forty-five (45) days from the date of the invoice. AssetWorks reserves the right to suspend any Service including those set forth on an OrderCustomer’s access to the SaaS if the Customer account becomes delinquent and is not cured within ten (10) once per year; provideddays of written notice from AssetWorks. Customer will continue to be charged and hereby agrees to pay for SaaS during any period of suspension. Customer’s failure to pay any invoice after this ten (10) day period shall constitute a material default hereunder and shall entitle AssetWorks, howeverwithout any additional notice, that each such annual increase will not exceed to terminate the percentage increase in Agreement. G. Following the Consumer Price Index for All Items for all urban consumers plus 2% expiry of three (but in no event will the increase be less than 2%). Following 3) years from the Initial Term, NCR Voyix the Customer may increase the fees and charges specified herein terminate this Agreement by giving not less than ninety (including those set forth on an Order90) days' written notice to AssetWorks at any time upon at least 60 days’ notice time. Such termination to Customerbe with effect on and from the next anniversary date of this Agreement following the expiry of the period of ninety (90) days from the date of AssetWorks receipt of that termination notice. If fees this Agreement is not terminated in accordance with this clause, in addition to all amounts due and charges set forth payable for Services rendered up through the effective termination date, Customer will be responsible for the payment of 25% of full amount payable till the following anniversary date (“Cancellation Charges”). If Customer decides to terminate the Agreement within the first two years of the Initial Term, or services have been terminated by AssetWorks for breach of contract within the Initial Term, Customer will be responsible for the payment of Cancellation Charges. Cancellation Charges shall also apply if this Agreement is terminated within the last 90 days of the Initial Term. These Charges will be invoiced as a single charge and are payable within our terms included in an Order are conditioned upon Agreement. In no event shall the termination relieve Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases pay any fees payable to meet AssetWorks for the criteria period prior to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyixrenewal date.

Appears in 2 contracts

Sources: Software as a Service Agreement, Software as a Service Agreement

Fees and Payments. Unless Referral Fees. 1. AugResearch will earn 5% for the parties have agreed first year, subjective to an alternative payment method as stated be changed to 10% by the next year. 2. An Order is deemed complete only once: 1. The Product has been delivered with a proof of delivery signed by the customer; and 2. The returns and/or cancellation period stipulated in the applicable OrderAugResearch Peace of Mind Policy has expired (“Deemed Completion”). 3. AugResearch Marketplace will make payment of the Seller Share for Orders that meet the Deemed Completion criteria on two set days of each month, Customer shall establish with NCR Voyix namely the 15th and Customer30th of each month. When these dates do not fall on business days, payment will be made on the next business day after such a date. 1. For the sake of clarity, Orders that meet the Deemed Completion criteria on or before the 14th of a month will be paid on the last day of that month. Orders that meet the Deemed Completion criteria after the 15th of a month (but before the last day of that month) will be paid on or before the 15th day of the following month. 4. At AugResearch Marketplace’s option, all payments to Seller’s bank an ACH payment procedure account will be made by mean of electronic funds transfer or similar method. If AugResearch Marketplace concludes that authorizes NCR Voyix Seller’s actions and/or performance in connection with this Agreement may result in customer disputes, chargebacks or other claims, then AugResearch Marketplace may, in its sole discretion, delay initiating any remittances and withhold any payments to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative made or that are otherwise due to submit a credit card payment and number to reside on file. All payment obligations Seller under this Agreement are non-cancelable and non-refundablefor the shorter of: 1. Payments which are not received when due a period of ninety (whether by ACH or otherwise90) shall bear interest at days following the lesser initial date of the maximum amount chargeable by law or 1½% per month commencing with the date payment was duesuspension; or 2. Customer shall pay completion of any and all taxes and duties, customs fees and similar charges investigation(s) regarding Seller’s actions and/or performance in connection with this Agreement. 5. The Seller expressly acknowledges and accepts that payment of the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunderSeller Share by AugResearch Marketplace shall at all times be subject to AugResearch Marketplace having received the corresponding Sales Proceeds from AugResearch. During AugResearch Marketplace shall have no liability to the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”)Seller, and Customer does the Seller shall have no claim against AugResearch Marketplace, for any failure by AugResearch Marketplace to make payment of the Seller Share in circumstances where the AugResearch Marketplace has not or ceases to meet received the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively corresponding Sales Proceeds from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR VoyixAugResearch.

Appears in 1 contract

Sources: Terms & Conditions

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, The Customer shall establish with NCR Voyix pay to MPS for the Services, the fees and Customer’s bank an ACH payment procedure that authorizes NCR Voyix to expenses set forth in this Agreement and the Addenda. All fees shall be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix within 30 days of an Customer's receipt of MPS's invoice hereunderunless otherwise provided herein. Customers Alternatively, MPS may, at its option, debit Customer's billing account on or any time after the first day of each month through ACH. MPS will then provide Customer with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment statement of services rendered and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was duecharges therefore. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection supply MPS with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereundera billing account number for this purpose. During the Initial Term, NCR Voyix MPS may not increase the fees and charges specified herein (including those set forth on an Order) once per yearduring the first twelve months of the Initial Term of any Addendum. Thereafter, MPS may change, at its discretion, any fee upon notice to Customer; provided, however, that each such annual increase will not exceed the percentage any increase in prices for existing recurring Services shall not in the Consumer Price Index aggregate exceed 10% in any calendar year, excluding any price increase due to increased fees or assessments imposed by third party providers such as, but not limited to, telecommunication companies and national or regional network switch providers. Any increase shall become effective not less than 30 days after the date MPS sends to Customer, by ordinary mail, notice of such increase. MPS may charge for any non-specified service it provides and expense it incurs at the request of or on behalf of Customer and Customer shall pay for such services and expenses as provided in this Section 4. Notwithstanding any other provisions of this paragraph, in the event that by virtue of any law, rule, or regulation now existing or hereinafter enacted, MPS or Customer becomes obligated to change in any fashion their manner of doing business in order to comply with such law, rule or regulation and MPS incurs any increased cost by virtue thereof, MPS may reasonably incrase its fees to Customer set forth in the attached Addenda as necessary to offset such increased costs. Any increased fees hereunder if any, shall not be taken into account for purposes of any price adjustment. All Items for all urban consumers plus 2fees and charges paid hereunder shall be made without set-off or deduction. Customer shall pay a late charge of 10% (of the delinquent amount when such amount is paid more than 5 business days after it is due. Any fee not paid when due shall bear interest at 1 percentage point per month but in no event will more than the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyixhighest interest rate permitted by law.

Appears in 1 contract

Sources: Data Processing Agreement (Heritage Oaks Bancorp)

Fees and Payments. Unless 2.9.1 The Customer must pay the parties have agreed Services Fees to BOOKEASY in accordance with this Clause 2.9. 2.9.2 If: 2.9.2.1 the Minimum Monthly Fee is greater than the Licence Fee, the Minimum Monthly Fee is payable; 2.9.2.2 the Minimum Monthly Fee is less than the Licence Fee, the Licence Fee is payable. 2.9.3 BOOKEASY will provide the Customer with a GST inclusive, consolidated invoice indicating which Services Fees are due and including any Additional Services. All invoices must be paid within 14 days of receipt. 2.9.4 The Customer must pay for all other government taxes, duties and levies (if any) imposed on either the Customer or BOOKEASY in respect of the Services or any other service or goods supplied. 2.9.5 If the Customer selects a monthly credit card payment method:  no credit terms are given to credit card accounts. By providing credit card details the Customer authorises BOOKEASY to debit all Services Fees to the Customer’s nominated credit card at the time the invoice is issued during the term of this Licence Agreement;  the Customer consents to BOOKEASY obtaining a credit reporting agency report containing personal information about the Customer (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by BOOKEASY of an alternative payment method as stated application for credit (whether commercial or personal) or for the purposes of the collection of payments which are overdue. 2.9.6 Additional Services will be charged to the Customer at BOOKEASY’s standard hourly rate per the Agreement Schedule and will be invoiced in arrears. 2.9.7 Subject to clause 2.21.3, BOOKEASY may vary the Service Fees upon no less than 3 months written notice to the Customer by notice in writing (“Notice of Change”):  If the Customer is paying monthly, the Notice of Change can be issued after 3 months from commencement of the Services, and;  the changes will apply at the end of the notice period in the Notice of Change; and  If the Customer does not accept the change the Customer may terminate this Licence Agreement by written notice within 14 days after having received the Notice of Change. If the Customer gives notice of termination under this clause, the termination will take effect at the end of the notice period in the Notice of Change. Notwithstanding that the Customer may send BOOKEASY a notice of termination under this clause, the Customer will be taken to have accepted the change if the Services are used after the end of the notice period stipulated in the Notice of Change. 2.9.8 If the Customer defaults in making payments under this Licence Agreement when due, then in addition to BOOKEASY’s other rights, BOOKEASY may in absolute discretion:  charge the Customer interest on the outstanding amounts at the rate being 2% above the published indicator lending rate for the National Australia Bank (presently called “Business Base Rate”) applied at the rates applicable Orderfrom time to time from the date on which the payments fell due until the date of payment; and/or  suspend the provision of Services to the Customer until such time as the default is rectified and BOOKEASY’s standard re-activation charge is paid. Service Fees will continue to accrue during the period of suspension. 2.9.9 If a reasonable, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix good faith dispute arises in respect of an invoice hereunder. Customers for Services Fees, the Customer must:  notify BOOKEASY in writing of the nature of the dispute and the amount in dispute;  pay the undisputed amount within the timeframe required by this Licence Agreement;  co-operate with insufficient ACH funds will be contacted by an NCR Voyix representative BOOKEASY on a good faith basis to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest resolve the dispute at the lesser of lowest level possible within 21 days after the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice notification to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this AgreementBOOKEASY, in the event failure of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyixwhich clause 2.25 will apply.

Appears in 1 contract

Sources: Licence Agreement

Fees and Payments. Unless (a) The Customer shall pay to Vendor for the parties have agreed to an alternative payment method as stated Services performed, the fees and expenses at the rates set forth in the applicable OrderFee Schedule to the Core Services Addenda, which shall be described on a Vendor’s Services Invoice. Such invoice shall be issued monthly for Services rendered during the prior month no later than the **** day of each calendar month. Vendor shall provide such invoices segregating charges and amounts owed by individual Affiliate entity using the acronyms for such Affiliate designations as agreed upon by Customer and Vendor. Such invoices shall establish with NCR Voyix provide customary detail and Customer’s bank an ACH payment procedure that authorizes NCR Voyix backup in a manner sufficient to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment determine the accuracy and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser validity of the maximum amount chargeable by law or 1½% per month commencing billing. Customer may request reasonable additional information with the date payment was duesuch detailed summary. Customer shall pay any and all taxes and dutiesthe amount of such invoice by having Vendor debit, customs fees and similar charges in connection with the Agreement, including, without limitationvia ACH, Customer’s use billing account upon delivery of Softwarethe invoice. Amounts due to or from each party hereunder may be netted on invoices provided an appropriate description appears on the invoices. **** **** It is the responsibility of Vendor to accurately invoice Services provided under this Agreement. Notwithstanding that Customer has paid any invoice, Equipment Customer shall have the right to dispute any amount for a period of sixty (60) days from the date of the invoice on which such amount appeared. To the extent any dispute is ultimately resolved in the Customer’s favor, Vendor shall refund to Customer the applicable disputed amount plus daily interest at the applicable federal funds rate beginning to accrue as of the date of payment by Customer. Vendor may not increase the fees during the first **** (****) **** of the Initial Term of any Addendum, excluding any price increase due to increased taxes as described in Section 15, increased fees or Services hereunderassessments imposed by third party providers such as, but not limited to, telecommunication companies and national or regional network switch providers (“Third Party Increases”). During After the first **** (****) **** of the Initial Term, NCR Voyix Vendor may increase the fees and charges specified herein (including those set forth on an Order) once per yearchange, at its discretion, any fee upon notice to Customer; provided, however, that each such annual any increase will in prices for existing recurring Services shall not exceed the lesser of **** percent (****%) per annum, or **** percent (****%) of the change, expressed as a percentage in the official Consumer Price Index (“CPI”) (CPI=the annual percentage increase in the Consumer Price Index of All Urban Consumers (CPI-U) United States City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Chain-type Price Index, as published by the U.S. Department of Commerce Bureau of Economic Analysis or any successor thereto (for All Items the most recent 12 month period for all urban consumers plus 2% (but which data is available), in no event will any calendar year, excluding any Third Party Increases. Vendor agrees that Vendor may not add any new fees or line items to the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) current fee schedule at any time during the Term without the written agreement of Customer; **** in any case upon at least 60 days’ notice to Customer and, upon Customer’s request, provision to Customer of evidence of such increase that is reasonably satisfactory evidence to Customer . Any Third Party Increases are on a pass through basis ****. (b) Notwithstanding any other provisions of this Section 4, in the event that by virtue of any law, rule, or regulation now existing or hereinafter enacted, Vendor or Customer becomes obligated to change in any fashion its manner of doing business in order to comply with such law, rule or regulation and Vendor incurs any increased cost by virtue thereof, Vendor may increase its fees to Customer as necessary to offset such increased costs to the extent such costs are related to Customer. If such increased costs affect Customer and other customers of Vendor, any such increased costs shall be allocated among all affected customers of Vendor on a reasonable basis. Any increased fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”)hereunder, and Customer does shall not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance be taken into account for purposes of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyixprice adjustment.

Appears in 1 contract

Sources: Master Services Agreement (Vantiv, Inc.)

Fees and Payments. Unless the parties have agreed to an alternative payment method as stated in the applicable Order, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 25% (but in no event will the increase be less than 25%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyix.

Appears in 1 contract

Sources: Master Hospitality Subscription Program Agreement

Fees and Payments. Unless Customer acknowledges and agrees that Customer is responsible for paying the parties have agreed fee that applies for each period during which the Term continues and the fee is due prior to an alternative the next renewal period of the Term. The Customer acknowledges and agrees that for any multi-year Subscription, the annual subscription fees are either (a) due up front for the entire subscription; or (b) are due and payable for each year upfront on the anniversary of the Subscription (i.e., second year fees are due on the first anniversary). All fees are non-cancellable and non-refundable (except as explicitly set forth herein). Upon Customer entering into this Agreement with Company and giving Company Customer's credit card information, Customer agrees that Company may, and is authorized to, charge Customer's credit card account for payment method as stated in advance in the correct amount, which payment may vary from time to time as provided in this Agreement, for each recurring period of this Agreement. Such credit card payment is not available for all products. If Company does not receive payment for Customer's account, as required, Company may terminate Customer's account. Customer’s payment reconfirms Customer’s consent to be bound by the terms of this Agreement. Fees are exclusive of any applicable Ordersales, use, import or export taxes, duties, fees, value-added taxes, tariffs, wire or payment transfer fees, or other amounts attributable to Customer’s execution of this Agreement or use of the Services (collectively, “Sales Taxes”). Customer shall be solely responsible for the payment of any wire and payment transfer fees and Sales Taxes, provided that if any such fee or withholding tax is deducted or levied, then Customer shall gross up the sums paid to Company so that the amount received by Company after the withholding tax is deducted is the full amount Company would have received if no withholding or deduction had been made. In the event Company is required to pay Sales Taxes on Customer’s behalf, Customer shall establish with NCR Voyix and Customer’s bank an ACH payment procedure promptly reimburse Company for all amounts paid. In the event that authorizes NCR Voyix Customer is subject to invoice payments, then all such amounts shall be paid to Company within thirty (30) days of the date of the invoice. Fees not paid when due shall be subject to a late fee equal to one and one half percent (1.5%) of the unpaid balance per month or the highest monthly rate permitted by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunderapplicable law, whichever is greater. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit As a credit card payment and number to reside on file. All payment obligations under this Agreement are further remedy for non-cancelable payment, Company reserves (among other rights and non-refundable. Payments which are not received when due (whether by ACH or otherwiseremedies) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance suspend access to the Services. Amounts payable to Company shall continue to accrue during any period of any obligations arising under this Agreementsuspension and must be paid as a condition precedent to reactivation, in which reactivation is at the event sole discretion of Customer’s non-payment when due of any undisputed amounts owed to NCR VoyixCompany.

Appears in 1 contract

Sources: Subscription Agreement

Fees and Payments. Unless 4.1 In consideration of the parties Services to be provided by the TechM, the Customer shall pay TechM the Fees for Services performed to complete a SOW. TechM and Customer shall mutually have the right to revise the rates set out in its Fee Schedule at any time during the term of this Agreement upon not less than thirty (30) days prior written notice to the Customer. Notwithstanding anything to the contrary, TechM and Customer may by mutual agreement agree to revise the rates set out in its Fee Schedule at any time during the term of this Agreement. The Customer agrees that, for any Time & Material model, after the first anniversary of this Agreement and annually thereafter, unless otherwise agreed to an alternative between the Parties in writing, TechM shall be entitled to revise the Fees set out in case of time and material engagements under the Fee Schedule or the applicable SOW/s, based on the prevailing Consumer Price Index of India or the applicable country (and in absence of such index, any other similar inflation measurement index) subject to minimum increase of five percent (5%) per annum for resources based in India/ offshore, and two percent (2%) per annum for resources based onsite. 4.2 Unless otherwise agreed in writing, TechM shall invoice the Customer monthly in arrears and payment shall be due within thirty (30) days of the invoice date. Customer shall within seven (7) days from the date of receipt of the invoice notify TechM if there is any dispute in respect of the invoice, failing which the invoice shall be deemed to be accepted by Customer. The Parties shall co- operate in good faith and take all the necessary initiative to settle any disputed invoices within agreed timeframe. 4.3 The Customer shall reimburse TechM on a thirty (30) days basis for all out of pocket expenses (including without limitation travel, subsistence and accommodation expenses) incurred by TechM in the course of performing the Services, provided TechM has furnished the Customer with adequate supporting documentation. 4.4 All sums referred to in this Agreement are payable in full without deduction, withholding or set-off for any reason whatsoever and are net of Value Added Tax and any other applicable taxes or duties, which (if and to the extent applicable) shall be for the Customer’s account. All invoices and all payments hereunder shall be in United States Dollars (USD$). Payments shall be made by direct credit to TechM’s nominated bank account from time to time, or by such other method as stated may be agreed in writing between the applicable OrderParties. 4.5 If the invoice(s) is more than sixty (60) days overdue for payment, then without prejudice to TechM’s other rights or remedies, the Customer shall establish be liable to pay interest on the overdue amount at rate of 2% per month, which interest shall accrue on a daily basis from the date payment becomes overdue until TechM has received payment of the overdue amount together with NCR Voyix all interest that has accrued. 4.6 TechM shall be solely responsible for all taxes, national insurance or other withholdings or contributions which may be payable out of, or as a result of the receipt of any Fees or other monies paid or payable in respect of, the Services. 4.7 Except as otherwise expressly provided in this Agreement or otherwise agreed in writing between the Parties, each Party shall be responsible for its own costs incurred in preparing and Customer’s bank an ACH payment procedure that authorizes NCR Voyix to be paid by such bank automatically via ACH transfer upon issuance by NCR Voyix of an invoice hereunder. Customers with insufficient ACH funds will be contacted by an NCR Voyix representative to submit a credit card payment and number to reside on file. All payment performing its obligations under this Agreement are non-cancelable and non-refundable. Payments which are not received when due (whether by ACH or otherwise) shall bear interest at the lesser of the maximum amount chargeable by law or 1½% per month commencing with the date payment was due. Customer shall pay any and all taxes and duties, customs fees and similar charges in connection with the Agreement, including, without limitation, Customer’s use of Software, Equipment or Services hereunder. During the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) once per year; provided, however, that each such annual increase will not exceed the percentage increase in the Consumer Price Index for All Items for all urban consumers plus 2% (but in no event will the increase be less than 2%). Following the Initial Term, NCR Voyix may increase the fees and charges specified herein (including those set forth on an Order) at any time upon at least 60 days’ notice to Customer. If fees and charges set forth in an Order are conditioned upon Customer’s obligation to purchase or maintain other Products or Services from NCR Voyix or an NCR Voyix affiliate (“Promotional Pricing”), and Customer does not or ceases to meet the criteria to receive the Promotional Pricing, then NCR Voyix may adjust pricing to NCR Voyix’s then-current market rates effective retroactively from such date the Customer ceased to meet the criteria, at NCR Voyix’s sole discretion, without notice to Customer. NCR Voyix reserves the right to withhold performance of any obligations arising under this Agreement, in the event of Customer’s non-payment when due of any undisputed amounts owed to NCR Voyix.

Appears in 1 contract

Sources: Master Services Agreement