Common use of Usage Model Clause in Contracts

Usage Model. MSP agrees to pay the applicable monthly usage Fees, as calculated based on the usage-based tier (“Usage Based Program Tier”) designated in the Order Form, which shall be the greater of the (i) Fees calculated per Device for all Customer Devices that the Software has been made available (regardless of usage) at any time during that month, or (ii) the applicable Usage Based Program Tier minimum. Unless otherwise agreed in the applicable Order Form, Malwarebytes shall invoice MSP the applicable Fees at the end of each calendar month and MSP shall pay such Fees within 30 days from the date of invoice. MSP acknowledges that as part of committing to the usage based billing model, it commits to a certain Usage Based Program Tier which requires MSP commit to a certain minimum monthly payment regardless of actual usage. Accordingly, if MSP makes the Software available to less than that minimum number of Devices in a calendar month, then MSP’s payment obligations for such month shall still require the payment of monthly usage Fees calculated based on the minimum number of Devices associated with the Usage Based Program Tier it has committed to.

Appears in 3 contracts

Samples: Managed Services Provider Agreement, Managed Services Provider Agreement, Managed Services Provider Agreement

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Usage Model. MSP agrees to pay the applicable monthly usage Fees, as calculated based on the usage-based tier (“Usage Based Program Tier”) designated in the Order Form, which shall be the greater of the (i) Fees calculated per Device for all Customer Devices that the Software has been made available (regardless of usage) at any time during that month, or (ii) the applicable Usage Based Program Tier minimum. Unless otherwise agreed in the applicable Order Form, Malwarebytes Company shall invoice MSP the applicable Fees at the end of each calendar month and MSP shall pay such Fees within 30 days from the date of invoice. MSP acknowledges that as part of committing to the usage based billing model, it commits to a certain Usage Based Program Tier which requires MSP commit to a certain minimum monthly payment regardless of actual usage. Accordingly, if MSP makes the Software available to less than that minimum number of Devices in a calendar month, then MSP’s payment obligations for such month shall still require the payment of monthly usage Fees calculated based on the minimum number of Devices associated with the Usage Based Program Tier it has committed to.

Appears in 1 contract

Samples: Managed Services Provider Agreement

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