Common use of Pricing and Terms of Payment Clause in Contracts

Pricing and Terms of Payment. If TRANSFEREE, pursuant to this Agreement, subscribes to only ONE (1) license to use the Software Program OR if TRANSFEREE subscribes to more than ONE (1) license to use the Software Program, but Subscription Fees for those licenses are to be debited from more than one (1) bank account, then the following pricing and terms of payment are applicable: TRANSFEREE shall provide a payment of $89.00 (the “Subscription Fee”) by the twenty-fifth (25th) day of each month to be applied towards the following month’s subscription fee. If TRANSFEREE, pursuant to this Agreement, subscribes to more than one license to use the Software Program AND Subscription Fees for those licenses are debited from the SAME BANK ACCOUNT pursuant to the SAME APS (Automated Payment System) AGREEMENT AND subject to other terms and conditions hereof, then the following pricing and terms of payment are applicable: If TRANSFEREE: a) provides ONE bank account for direct debit purposes for ALL licenses; b) provides ONE signed APS Agreement authorizing ELITE to directly debit the sum total of all licenses to which TRANSFEREE subscribes; and c) is affiliated with the locations where the Software Program is to be used, in the same manner of TRANSFEREE’s affiliation with the location where the Elite Property originally licensed to TRANSFEREE is used, TRANSFEREE qualifies for a special monthly rate equal to the current full subscription price of $89.00 for one license, plus $79.00 for each additional license in excess of one license. Note: This discount is not valid for the first month’s subscription fee for the additional license. The APS Agreement provided by TRANSFEREE shall be executed by a person authorized to initiate withdrawals from the account designed on the APS Agreement (the “ACCOUNT HOLDER”). ACCOUNT HOLDER's bank account will be debited once on the first Tuesday of every month for payment of all sums due ELITE including, without limitation, the following month's subscription fee(s). If the first Tuesday of any month falls on a bank holiday or Federal Reserve holiday, the effective date will be the next business day. The amount of the debit each month will be equal to the monthly subscription amounts as set forth in this Agreement, and/or the Elite Software, Inc. Network License and Monthly Subscription Agreement, and any amendments to said license agreements, plus any past due balances, and Florida sales tax if ACCOUNT HOLDER is located in Florida. In the event TRANSFEREE subscribes to multiple licenses to use the “Elite Property” described in the Elite Software, Inc. License and Monthly Subscription Agreement then ELITE is authorized to debit ACCOUNT HOLDER’s account, provided below, in an amount equal to the sum of all amounts due pursuant to all of the Elite Software, Inc. License and Monthly Subscription Agreements to which TRANSFEREE is a party. All debits made to ACCOUNT HOLDER’s bank account are final and nonrefundable. ELITE will continue to debit ACCOUNT HOLDER’s bank account pursuant to the APS Agreement until TRANSFEREE cancels the subscription agreements as set forth in Elite Software, Inc. License and Monthly Subscription Agreement and Elite Software, Inc. Network License and Monthly Subscription Agreement, as applicable. Upon cancellation of such agreements, no previous debits made to ACCOUNT HOLDER’s account prior to cancellation will be refunded to ACCOUNT HOLDER. Regardless of the pricing and terms of payment applicable to TRANSFEREE, if payment is not received by the twenty-fifth (25th) day of the month, TRANSFEREE shall pay the Subscription Fee plus a late fee of $25.00, which shall be considered an additional Subscription Fee. Additionally, if any checks are returned unpaid from the bank or direct deposit transactions are rejected, regardless of reason, TRANSFEREE shall pay a return fee of $35.00. ELITE reserves the right to deny any training or technical support to TRANSFEREE or suspend access to the Elite Property until TRANSFEREE fulfills any and all outstanding payment obligations to ELITE. If TRANSFEREE has not made a payment for an outstanding balance by the tenth (10th) day of the month following the month in which the payments were due, ELITE reserves the right to take any and all actions to remove the Elite Property and/or disable the use of the Elite Property from the hard drive of TRANSFEREE’S computer. If TRANSFEREE is still delinquent on any outstanding balances after ninety (90) days, TRANSFEREE authorizes ELITE to charge TRANSFEREE's credit card, or directly debit ACCOUNT HOLDER's bank account for any outstanding balances due. If ELITE is unsuccessful in collecting the outstanding balance via a credit card charge or direct debit, ELITE will immediately set TRANSFEREE’s account to inactive and refer the account to a collection agency. The collection agency will attempt to collect from TRANSFEREE all past due amounts in addition to $300.00 for each unreturned SCSD. For each unreturned SCSD that is network enabled, the collection agency will attempt to also collect from TRANSFEREE the “Security Device Subscription Value” as that term is defined in the Elite Software, Inc. Network License and Monthly Subscription Agreement. TRANSFEREE may also be subject to additional fees imposed by the collection agency. In the event ELITE must bring legal action to collect any sums due hereunder, TRANSFEREE agrees ELITE shall be entitled to recover its reasonable legal fees incurred. All delinquent sums due hereunder shall accrue interest at the rate of 1.5% per month TRANSFEREE shall remain the financially responsible party under this Agreement, even if TRANSFEREE’s financial obligations hereunder are being paid by a third party.

Appears in 1 contract

Samples: Subscription Agreement

AutoNDA by SimpleDocs

Pricing and Terms of Payment. If TRANSFEREE, pursuant to this Agreement, subscribes to only ONE (1) license to use the Software Program OR if TRANSFEREE subscribes to more than ONE (1) license to use the Software Program, but Subscription Fees for those licenses are to be debited from more than one (1) bank account, then the following pricing and terms of payment are applicable: TRANSFEREE shall provide a payment of $89.00 85.00 (the “Subscription Fee”) by the twenty-fifth (25th) day of each month to be applied towards the following month’s subscription fee. If TRANSFEREE, pursuant to this Agreement, subscribes to more than one license to use the Software Program AND Subscription Fees for those licenses are debited from the SAME BANK ACCOUNT pursuant to the SAME APS (Automated Payment System) AGREEMENT AND subject to other terms and conditions hereof, then the following pricing and terms of payment are applicable: If TRANSFEREE: a) provides ONE bank account for direct debit purposes for ALL licenses; b) provides ONE signed APS Agreement authorizing ELITE to directly debit the sum total of all licenses to which TRANSFEREE subscribes; and c) is affiliated with the locations where the Software Program is to be used, in the same manner of TRANSFEREE’s affiliation with the location where the Elite Property originally licensed to TRANSFEREE is used, TRANSFEREE qualifies for a special monthly rate equal to the current full subscription price of $89.00 85.00 for one license, plus $79.00 65.00 for each additional license in excess of one license. Note: This discount is not valid for the first month’s subscription fee for the additional license. The APS Agreement provided by TRANSFEREE shall be executed by a person authorized to initiate withdrawals from the account designed on the APS Agreement (the “ACCOUNT HOLDER”). ACCOUNT HOLDER's bank account will be debited once on the first Tuesday of every month for payment of all sums due ELITE including, without limitation, the following month's subscription fee(s). If the first Tuesday of any month falls on a bank holiday or Federal Reserve holiday, the effective date will be the next business day. The amount of the debit each month will be equal to the monthly subscription amounts as set forth in this Agreement, and/or the Elite Software, Inc. Network License and Monthly Subscription Agreement, and any amendments to said license agreements, plus any past due balances, and Florida sales tax if ACCOUNT HOLDER is located in Florida. In the event TRANSFEREE subscribes to multiple licenses to use the “Elite Property” described in the Elite Software, Inc. License and Monthly Subscription Agreement then ELITE is authorized to debit ACCOUNT HOLDER’s account, provided below, in an amount equal to the sum of all amounts due pursuant to all of the Elite Software, Inc. License and Monthly Subscription Agreements to which TRANSFEREE is a party. All debits made to ACCOUNT HOLDER’s bank account are final and nonrefundable. ELITE will continue to debit ACCOUNT HOLDER’s bank account pursuant to the APS Agreement until TRANSFEREE cancels the subscription agreements as set forth in Elite Software, Inc. License and Monthly Subscription Agreement and Elite Software, Inc. Network License and Monthly Subscription Agreement, as applicable. Upon cancellation of such agreements, no previous debits made to ACCOUNT HOLDER’s account prior to cancellation will be refunded to ACCOUNT HOLDER. Regardless of the pricing and terms of payment applicable to TRANSFEREE, if payment is not received by the twenty-fifth (25th) day of the month, TRANSFEREE shall pay the Subscription Fee plus a late fee of $25.00, which shall be considered an additional Subscription Fee. Additionally, if any checks are returned unpaid from the bank or direct deposit transactions are rejected, regardless of reason, TRANSFEREE shall pay a return fee of $35.00. ELITE reserves the right to deny any training or technical support to TRANSFEREE or suspend access to the Elite Property until TRANSFEREE fulfills any and all outstanding payment obligations to ELITE. If TRANSFEREE has not made a payment for an outstanding balance by the tenth (10th) day of the month following the month in which the payments were due, ELITE reserves the right to take any and all actions to remove the Elite Property and/or disable the use of the Elite Property from the hard drive of TRANSFEREE’S computer. If TRANSFEREE is still delinquent on any outstanding balances after ninety (90) days, TRANSFEREE authorizes ELITE to charge TRANSFEREE's credit card, or directly debit ACCOUNT HOLDER's bank account for any outstanding balances due. If ELITE is unsuccessful in collecting the outstanding balance via a credit card charge or direct debit, ELITE will immediately set TRANSFEREE’s account to inactive and refer the account to a collection agency. The collection agency will attempt to collect from TRANSFEREE all past due amounts in addition to $300.00 for each unreturned SCSD. For each unreturned SCSD that is network enabled, the collection agency will attempt to also collect from TRANSFEREE the “Security Device Subscription Value” as that term is defined in the Elite Software, Inc. Network License and Monthly Subscription Agreement. TRANSFEREE may also be subject to additional fees imposed by the collection agency. In the event ELITE must bring legal action to collect any sums due hereunder, TRANSFEREE agrees ELITE shall be entitled to recover its reasonable legal fees incurred. All delinquent sums due hereunder shall accrue interest at the rate of 1.5% per month TRANSFEREE shall remain the financially responsible party under this Agreement, even if TRANSFEREE’s financial obligations hereunder are being paid by a third party.

Appears in 1 contract

Samples: Subscription Agreement

Pricing and Terms of Payment. If TRANSFEREE, pursuant Buyer hereby acknowledges and agrees that WAI shall retain a purchase money security interest in all equipment and spare parts and services sold hereunder and all proceeds from their resale by Buyer to this Agreement, subscribes to only ONE (1) license to use the Software Program OR if TRANSFEREE subscribes to more than ONE (1) license to use the Software Program, but Subscription Fees for those licenses are to be debited from more than one (1) bank account, then the following pricing and terms of secure payment are applicable: TRANSFEREE shall provide a payment of $89.00 (the “Subscription Fee”) by the twenty-fifth (25th) day of each month to be applied towards the following month’s subscription fee. If TRANSFEREE, pursuant to this Agreement, subscribes to more than one license to use the Software Program AND Subscription Fees for those licenses are debited from the SAME BANK ACCOUNT pursuant to the SAME APS (Automated Payment System) AGREEMENT AND subject to other terms and conditions hereof, then the following pricing and terms of payment are applicable: If TRANSFEREE: a) provides ONE bank account for direct debit purposes for ALL licenses; b) provides ONE signed APS Agreement authorizing ELITE to directly debit the sum total of all licenses to which TRANSFEREE subscribes; and c) is affiliated with the locations where the Software Program is to be used, in the same manner of TRANSFEREE’s affiliation with the location where the Elite Property originally licensed to TRANSFEREE is used, TRANSFEREE qualifies for a special monthly rate equal to the current full subscription price of $89.00 for one license, plus $79.00 for each additional license in excess of one license. Note: This discount is not valid for the first month’s subscription fee for the additional license. The APS Agreement provided by TRANSFEREE shall be executed by a person authorized to initiate withdrawals from the account designed on the APS Agreement (the “ACCOUNT HOLDER”). ACCOUNT HOLDER's bank account will be debited once on the first Tuesday of every month for payment of all sums due ELITE including, without limitation, the following month's subscription fee(s). If the first Tuesday of any month falls on a bank holiday or Federal Reserve holiday, the effective date will be the next business day. The amount Buyer of the debit each month will be equal purchase price. Buyer further acknowledges and agrees that Seller shall retain such purchase money security interest in addition to the monthly subscription amounts as set forth in this Agreement, and/or the Elite Software, Inc. Network License and Monthly Subscription Agreement, and any amendments to said license agreements, plus any past due balances, and Florida sales tax if ACCOUNT HOLDER is located in Floridaall other remedies at law. In the event TRANSFEREE subscribes of a failure by Buyer to multiple licenses perform in a timely manner any obligation of Buyer to use Seller, Buyer hereby agrees to assemble all secured collateral for the “Elite Property” described in the Elite Software, Inc. License defaulted obligation and Monthly Subscription Agreement then ELITE is authorized make such collateral available to debit ACCOUNT HOLDER’s account, provided below, in an amount equal Seller at a place reasonably convenient to the sum of all amounts due pursuant to all of the Elite Software, Inc. License and Monthly Subscription Agreements to which TRANSFEREE is a party. All debits made to ACCOUNT HOLDER’s bank account are final and nonrefundable. ELITE will continue to debit ACCOUNT HOLDER’s bank account pursuant to the APS Agreement until TRANSFEREE cancels the subscription agreements as set forth in Elite Software, Inc. License and Monthly Subscription Agreement and Elite Software, Inc. Network License and Monthly Subscription Agreement, as applicable. Upon cancellation of such agreements, no previous debits made to ACCOUNT HOLDER’s account prior to cancellation will be refunded to ACCOUNT HOLDER. Regardless of the pricing and terms of payment applicable to TRANSFEREE, if payment is not received by the twenty-fifth (25th) day of the month, TRANSFEREE shall pay the Subscription Fee plus a late fee of $25.00, which shall be considered an additional Subscription Fee. Additionally, if any checks are returned unpaid from the bank or direct deposit transactions are rejected, regardless of reason, TRANSFEREE shall pay a return fee of $35.00. ELITE reserves the right to deny any training or technical support to TRANSFEREE or suspend access to the Elite Property until TRANSFEREE fulfills any and all outstanding payment obligations to ELITE. If TRANSFEREE has not made a payment for an outstanding balance by the tenth (10th) day of the month following the month in which the payments were due, ELITE reserves the right to take any and all actions to remove the Elite Property and/or disable the use of the Elite Property from the hard drive of TRANSFEREE’S computer. If TRANSFEREE is still delinquent on any outstanding balances after ninety (90) days, TRANSFEREE authorizes ELITE to charge TRANSFEREE's credit card, or directly debit ACCOUNT HOLDER's bank account for any outstanding balances due. If ELITE is unsuccessful in collecting the outstanding balance via a credit card charge or direct debit, ELITE will immediately set TRANSFEREE’s account to inactive and refer the account to a collection agency. The collection agency will attempt to collect from TRANSFEREE all past due amounts in addition to $300.00 for each unreturned SCSD. For each unreturned SCSD that is network enabled, the collection agency will attempt to also collect from TRANSFEREE the “Security Device Subscription Value” as that term is defined in the Elite Software, Inc. Network License and Monthly Subscription Agreement. TRANSFEREE may also be subject to additional fees imposed by the collection agencyboth parties. In the event ELITE must bring legal action to collect Buyer disposes of any sums due hereundersuch collateral, TRANSFEREE agrees ELITE any proceeds from such disposition shall be entitled applied to recover its reasonable legal the amount of Buyer’s outstanding obligation as provided by law. Buyer hereby authorizes Seller to file one or more financial and continuation statements, and amendments thereto, in order to secure Seller’s interest in the equipment or spare parts and services purchased hereunder without the signature of Buyer where permitted by law. A carbon, photographic or other reproduction of this Agreement or any financing statement covering the equipment or spare parts and services purchased hereunder or any part thereof shall be sufficient as a financial statement where permitted by law. Prices are exclusive of all municipal, state, federal or any other government excise sales, use, occupational, or like taxes or duties now in force or imposed in the future. Any charge of the above nature imposed on WAI shall be paid by buyer. In the event WAI is required to pay such fees incurred. All delinquent sums due hereunder shall accrue interest at the time of the sale, Buyer shall reimburse WAI as billed. Terms of payment are as stated on the quotation for equipment, parts and services supplied by WAI. Should additional charges not covered by the terms of the quotation occur, these shall be paid net 30 days from billing with WAI retaining the right to assess a monthly interest rate of 1.5% per month TRANSFEREE shall remain the financially responsible party under this Agreement, even if TRANSFEREE’s financial obligations hereunder are being paid by a third partyone and one-half percent (1 ½%) on all past-due amounts.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Pricing and Terms of Payment. If TRANSFEREELICENSEE, pursuant to this Agreement, subscribes to only ONE (1) license to use the Software Program OR if TRANSFEREE LICENSEE subscribes to more than ONE (1) license to use the Software Program, but Subscription Fees for those licenses are to be debited from more than one (1) bank account, then the following pricing and terms of payment are applicable: TRANSFEREE LICENSEE shall provide a payment of $89.00 85.00 (the “Subscription Fee”) by the twenty-fifth (25th) day of each month to be applied towards the following month’s subscription fee. If TRANSFEREELICENSEE, pursuant to this Agreement, subscribes to more than one license to use the Software Program AND Subscription Fees for those licenses are debited from the SAME BANK ACCOUNT pursuant to the SAME APS (Automated Payment System) AGREEMENT AND subject to other terms and conditions hereof, then the following pricing and terms of payment are applicable: If TRANSFEREELICENSEE: a) provides ONE bank account for direct debit purposes for ALL licenses; b) provides signs ONE signed APS Agreement authorizing ELITE to directly debit the sum total of all licenses to which TRANSFEREE LICENSEE subscribes; and c) is affiliated with the locations where the Software Program is to be used, in the same manner of TRANSFEREELICENSEE’s affiliation with the location where the Elite Property originally licensed to TRANSFEREE LICENSEE is used, TRANSFEREE LICENSEE qualifies for a special monthly rate equal to the current full subscription price of $89.00 85.00 for one license, plus $79.00 65.00 for each additional license in excess of one license. Note: This discount is not valid for the first month’s subscription fee for the additional license. The APS Agreement provided by TRANSFEREE shall be executed by a person authorized to initiate withdrawals from the account designed on the APS Agreement (the “ACCOUNT HOLDER”). ACCOUNT HOLDER's bank account will be debited once on the first Tuesday of every month for payment of all sums due ELITE including, without limitation, the following month's subscription fee(s). If the first Tuesday of any month falls on a bank holiday or Federal Reserve holiday, the effective date will be the next business day. The amount of the debit each month will be equal to the monthly subscription amounts as set forth in this Agreement, and/or the Elite Software, Inc. Network License and Monthly Subscription Agreement, and any amendments to said license agreements, plus any past due balances, and Florida sales tax if ACCOUNT HOLDER is located in Florida. In the event TRANSFEREE subscribes to multiple licenses to use the “Elite Property” described in the Elite Software, Inc. License and Monthly Subscription Agreement then ELITE is authorized to debit ACCOUNT HOLDER’s account, provided below, in an amount equal to the sum of all amounts due pursuant to all of the Elite Software, Inc. License and Monthly Subscription Agreements to which TRANSFEREE is a party. All debits made to ACCOUNT HOLDER’s bank account are final and nonrefundable. ELITE will continue to debit ACCOUNT HOLDER’s bank account pursuant to the APS Agreement until TRANSFEREE cancels the subscription agreements as set forth in Elite Software, Inc. License and Monthly Subscription Agreement and Elite Software, Inc. Network License and Monthly Subscription Agreement, as applicable. Upon cancellation of such agreements, no previous debits made to ACCOUNT HOLDER’s account prior to cancellation will be refunded to ACCOUNT HOLDER. Regardless of the pricing and terms of payment applicable to TRANSFEREELICENSEE, if payment is not received by the twenty-fifth (25th) day of the month, TRANSFEREE LICENSEE shall pay the Subscription Fee plus a late fee of $25.00, which shall be considered an additional Subscription Fee. Additionally, if any checks are returned unpaid from the bank or direct deposit transactions are rejectedbank, regardless of reason, TRANSFEREE LICENSEE shall pay a return fee of $35.00. ELITE reserves the right to deny any training or technical support to TRANSFEREE LICENSEE or suspend access to the Elite Property until TRANSFEREE LICENSEE fulfills any and all outstanding payment obligations to ELITE. If TRANSFEREE LICENSEE has not made a payment for an outstanding balance by the tenth (10th) day of the month following the month in which the payments were due, ELITE reserves the right to take any and all actions to remove the Elite Property and/or disable the use of the Elite Property from the hard drive of TRANSFEREELICENSEE’S computer. If TRANSFEREE LICENSEE is still delinquent on any outstanding balances after ninety (90) days, TRANSFEREE LICENSEE authorizes ELITE to charge TRANSFEREELICENSEE's credit card, or directly debit ACCOUNT HOLDERLICENSEE's bank account for any outstanding balances due. If ELITE is unsuccessful in collecting the outstanding balance via a credit card charge or direct debit, ELITE will immediately set TRANSFEREELICENSEE’s account to inactive and refer the account to a collection agency. The collection agency will attempt to collect from TRANSFEREE LICENSEE all past due amounts in addition to $300.00 for each unreturned SCSD. For each unreturned SCSD that is network enabled, the collection agency will attempt to also collect from TRANSFEREE LICENSEE the “Security Device Subscription Value” as that term is defined in the Elite Software, Inc. Network License and Monthly Subscription Agreement. TRANSFEREE LICENSEE may also be subject to additional fees imposed by the collection agency. In the event ELITE must bring legal action to collect any sums due hereunder, TRANSFEREE LICENSEE agrees ELITE shall be entitled to recover its reasonable legal fees incurred. All delinquent sums due hereunder shall accrue interest at the rate of 1.5% per month TRANSFEREE shall remain the financially responsible party under this Agreement, even if TRANSFEREE’s financial obligations hereunder are being paid by a third partymonth.

Appears in 1 contract

Samples: Subscription Agreement

AutoNDA by SimpleDocs

Pricing and Terms of Payment. If TRANSFEREELICENSEE, pursuant to this Agreement, subscribes to only ONE (1) license to use the Software Program OR if TRANSFEREE LICENSEE subscribes to more than ONE (1) license to use the Software Program, but Subscription Fees for those licenses are to be debited from more than one (1) bank account, then the following pricing and terms of payment are applicable: TRANSFEREE LICENSEE shall provide a payment of $89.00 85.00 (the “Subscription Fee”) by the twenty-fifth (25th) day of each month to be applied towards the following month’s month‟s subscription fee. If TRANSFEREELICENSEE, pursuant to this Agreement, subscribes to more than one license to use the Software Program AND Subscription Fees for those licenses are debited from the SAME BANK ACCOUNT pursuant to the SAME APS (Automated Payment System) AGREEMENT AND subject to other terms and conditions hereof, then the following pricing and terms of payment are applicable: If TRANSFEREELICENSEE: a) provides ONE bank account for direct debit purposes for ALL licenses; b) provides signs ONE signed APS Agreement authorizing ELITE to directly debit the sum total of all licenses to which TRANSFEREE LICENSEE subscribes; and c) is affiliated with the locations where the Software Program is to be used, in the same manner of TRANSFEREE’s LICENSEE‟s affiliation with the location where the Elite Property originally licensed to TRANSFEREE LICENSEE is used, TRANSFEREE LICENSEE qualifies for a special monthly rate equal to the current full subscription price of $89.00 85.00 for one license, plus $79.00 65.00 for each additional license in excess of one license. Note: This discount is not valid for the first month’s month‟s subscription fee for the additional license. The APS Agreement provided by TRANSFEREE shall be executed by a person authorized to initiate withdrawals from the account designed on the APS Agreement (the “ACCOUNT HOLDER”). ACCOUNT HOLDER's bank account will be debited once on the first Tuesday of every month for payment of all sums due ELITE including, without limitation, the following month's subscription fee(s). If the first Tuesday of any month falls on a bank holiday or Federal Reserve holiday, the effective date will be the next business day. The amount of the debit each month will be equal to the monthly subscription amounts as set forth in this Agreement, and/or the Elite Software, Inc. Network License and Monthly Subscription Agreement, and any amendments to said license agreements, plus any past due balances, and Florida sales tax if ACCOUNT HOLDER is located in Florida. In the event TRANSFEREE subscribes to multiple licenses to use the “Elite Property” described in the Elite Software, Inc. License and Monthly Subscription Agreement then ELITE is authorized to debit ACCOUNT HOLDER’s account, provided below, in an amount equal to the sum of all amounts due pursuant to all of the Elite Software, Inc. License and Monthly Subscription Agreements to which TRANSFEREE is a party. All debits made to ACCOUNT HOLDER’s bank account are final and nonrefundable. ELITE will continue to debit ACCOUNT HOLDER’s bank account pursuant to the APS Agreement until TRANSFEREE cancels the subscription agreements as set forth in Elite Software, Inc. License and Monthly Subscription Agreement and Elite Software, Inc. Network License and Monthly Subscription Agreement, as applicable. Upon cancellation of such agreements, no previous debits made to ACCOUNT HOLDER’s account prior to cancellation will be refunded to ACCOUNT HOLDER. Regardless of the pricing and terms of payment applicable to TRANSFEREELICENSEE, if payment is not received by the twenty-fifth (25th) day of the month, TRANSFEREE LICENSEE shall pay the Subscription Fee plus a late fee of $25.00, which shall be considered an additional Subscription Fee. Additionally, if any checks are returned unpaid from the bank or direct deposit transactions are rejectedbank, regardless of reason, TRANSFEREE LICENSEE shall pay a return fee of $35.00. ELITE reserves the right to deny any training or technical support to TRANSFEREE LICENSEE or suspend access to the Elite Property until TRANSFEREE LICENSEE fulfills any and all outstanding payment obligations to ELITE. If TRANSFEREE LICENSEE has not made a payment for an outstanding balance by the tenth (10th) day of the month following the month in which the payments were due, ELITE reserves the right to take any and all actions to remove the Elite Property and/or disable the use of the Elite Property from the hard drive of TRANSFEREE’S LICENSEE‟S computer. If TRANSFEREE LICENSEE is still delinquent on any outstanding balances after ninety (90) days, TRANSFEREE LICENSEE authorizes ELITE to charge TRANSFEREELICENSEE's credit card, or directly debit ACCOUNT HOLDERLICENSEE's bank account for any outstanding balances due. If ELITE is unsuccessful in collecting the outstanding balance via a credit card charge or direct debit, ELITE will immediately set TRANSFEREE’s LICENSEE‟s account to inactive and refer the account to a collection agency. The collection agency will attempt to collect from TRANSFEREE LICENSEE all past due amounts in addition to $300.00 for each unreturned SCSD. For each unreturned SCSD that is network enabled, the collection agency will attempt to also collect from TRANSFEREE LICENSEE the “Security Device Subscription Value” as that term is defined in the Elite Software, Inc. Network License and Monthly Subscription Agreement. TRANSFEREE LICENSEE may also be subject to additional fees imposed by the collection agency. In the event ELITE must bring legal action to collect any sums due hereunder, TRANSFEREE LICENSEE agrees ELITE shall be entitled to recover its reasonable legal fees incurred. All delinquent sums due hereunder shall accrue interest at the rate of 1.5% per month TRANSFEREE shall remain the financially responsible party under this Agreement, even if TRANSFEREE’s financial obligations hereunder are being paid by a third partymonth.

Appears in 1 contract

Samples: Subscription Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.