Common use of Charges and Payment of Fees Clause in Contracts

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments must be made annually in advance unless otherwise mutually agreed upon in an Order Form. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide eMaint with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add licenses by executing an additional written Order Form or using the 'Add New User' feature in the Service. Added licenses will be subject to the following: (i) added licenses will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. eMaint performs data backups of all paying customers’ eMaint Online account data. The servers’ data backup procedure typically occurs between the hours of 12 midnight and 2 a.m. Eastern Time, seven days a week. During the backup process, you may incur a momentary pause (up to 90 seconds) should you be accessing your data at the precise moment the backup of your account data is taking place. Backup functions on other client data will have no effect on your access to your data. In the event that a web server ceases to function or that data files become corrupt, a system restore from backup will be performed, with every reasonable attempt being made to recover lost data. In the event that such a system restore from backup is required, eMaint will seek to have the system fully operational and back on-line within 48 hours. eMaint will notify its customers, via email, that such a procedure is taking place and will inform customers of the estimated date and time that the server is due to be operational. eMaint charges and collects in advance for use of the Service. This agreement may be renewed and extended for a one (1) year subsequent term if agreed between the parties in writing. Fees for other services will be charged on an as quoted basis. eMaint's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on eMaint's income You agree to provide eMaint with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, eMaint reserves the right to terminate your access to the Service in addition to any other legal remedies. You will be billed in U.S. dollars and be subject to U.S. payment terms and pricing schemes as agreed upon by the parties in writing. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses Users requested times multiplied by the User license fee currently in effect. Payments must be made annually monthly in advance unless otherwise mutually agreed upon in an through the Order FormCentre (under the TAM Account tab). All payment obligations are non-cancelable cancellable and all amounts paid are nonrefundablenon-refundable, including payments made for credits towards TAM’s text messaging service and other services. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide eMaint with valid credit card or approved purchase order information as As a condition to signing up for the Service, you must have pre-paid for the Service using a credit or debit card, or similar with the payment being confirmed to TAM by PayPal (or an alternative recognised service provider that TAM may use in the future to administrate customer payments). An authorized Your authorised License Administrator may add licenses at any time by executing an additional written Order Form or using the 'Add New User' feature in the ServiceOrder Centre. Added User licenses will be subject to the following: (i) added licenses will be coterminous run concurrently with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license feefee as per the Invoice Date for the next License Term ; and (iii) licenses added in the middle of a billing month will only be charged in full for that the next billing month, as per below. eMaint performs data backups of all paying customers’ eMaint Online account dataOne month after the Effective Date or the last Invoice Due Date, the Invoice for the next billing month and License Term will fall due (“Invoice Due Date”). The servers’ data backup procedure typically occurs between the hours of 12 midnight and 2 a.m. Eastern Time, seven days a week. During the backup process, you may incur a momentary pause (up to 90 seconds) should you be accessing your data at the precise moment the backup of your account data is taking place. Backup functions renewal charge included on other client data will have no effect on your access to your data. In the event that a web server ceases to function or that data files become corrupt, a system restore from backup this Invoice will be performed, with every reasonable attempt being made equal to recover lost data. In the event that such a system restore from backup is required, eMaint will seek to have the system fully operational and back on-line within 48 hours. eMaint will notify its customers, via email, that such a procedure is taking place and will inform customers of the estimated date and time that the server is due to be operational. eMaint charges and collects in advance for use of the Service. This agreement may be renewed and extended for a one (1) year subsequent term if agreed between the parties in writing. Fees for other services will be charged on an as quoted basis. eMaint's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on eMaint's income You agree to provide eMaint with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone total number of an authorized billing contact and License AdministratorUser licenses in place at 05:00 GMT 14 working days prior to the Invoice Due Date (“Invoice Date”) multiplied by the license fee in effect. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, eMaint TAM reserves the right to terminate your access modify its fees and charges and to the Service in addition introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any other legal remedies. You will be billed in U.S. dollars and be subject to U.S. payment terms and pricing schemes as agreed upon by the parties in writing. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or creditthird party.

Charges and Payment of Fees. You 10.1.1. In consideration of Vendor’s provision of the Services, Customer shall pay all fees or charges to your account specified in all Order Forms hereunder in accordance with the feesterms and conditions set forth in this Agreement. The Subscription Fee will be invoiced annually in advance, charges, commencing on the first day of the applicable Initial Term and billing terms on the first day of each Annual Billing Term thereafter. All other fees or charges specified in an Order Form will be invoiced at the rates in effect at the applicable time a fee or charge is due and payable. The initial charges will be equal to in accordance with the current number of total User licenses requested times the User license fee currently in effect. Payments must be made annually in advance unless otherwise mutually agreed upon in an Order Formschedule set forth therein. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide eMaint with valid credit card or approved purchase order information except as a condition to signing up for the Service. An authorized License Administrator may add licenses by executing an additional written Order Form or using the 'Add New User' feature otherwise expressly provided in the Service. Added licenses will be subject to the following: (i) added licenses will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. eMaint performs data backups of all paying customers’ eMaint Online account datathis Agreement. The servers’ data backup procedure typically occurs between applicable Subscription Fee (as established by the hours of 12 midnight and 2 a.m. Eastern Time, seven days a week. During the backup process, you may incur a momentary pause (up to 90 seconds) should you be accessing your data at the precise moment the backup of your account data is taking place. Backup functions on other client data will have no effect on your access to your data. In the event that a web server ceases to function or that data files become corrupt, a system restore from backup will be performed, with every reasonable attempt being made to recover lost data. In the event that such a system restore from backup is required, eMaint will seek to have the system fully operational and back on-line within 48 hours. eMaint will notify its customers, via email, that such a procedure is taking place and will inform customers terms of the estimated date applicable Order Form, including any addendum or amendment thereto) for added User Accounts and time that the server is due to be operational. eMaint charges and collects in advance for use of the Service. This agreement may be renewed and extended for a one (1) year subsequent term if agreed between the parties in writing. Fees for other additional recurring services will be charged prorated for the remaining days in the then-current Annual Billing Term for the applicable Service. 10.1.2. Professional Services are provided on either a time-and-materials or fixed fee basis, as provided in an as quoted basisOrder Form. eMaint's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, Any amount set forth in a time-and-materials Order Form is solely a good-faith estimate and you shall is not a guarantee that the work will be responsible completed for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on eMaint's income You agree to provide eMaint with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to itthat amount. If the contact information you have provided estimated amount is false or fraudulentexpended, eMaint reserves Vendor will continue to provide Professional Services under the right same rates and terms. Vendor will periodically update Customer on the status of the Professional Services and the fees accrued under applicable Order Forms. 10.1.3. Customer will pay all invoices within thirty (30) days of its receipt thereof, except that Customer may withhold payment of any amount disputed in good faith. The parties will use their best efforts to terminate your access to the Service in addition to reconcile any other legal remediesdispute as soon as practicable. You will be billed in U.S. dollars and be subject to U.S. payment terms and pricing schemes as agreed upon by the parties in writing. If you believe your bill is incorrect, you Customer must contact us notify Vendor in writing of any disputed fee or charge on an invoice within 60 thirty (30) days of the invoice date of receiving the invoice containing the amount in question to be eligible to receive an adjustment or credit. 10.1.4. Unless otherwise stated, Vendor’s fees and charges do not include any Taxes. Customer is responsible for paying all Taxes associated with its use of Services or other activity hereunder, including those that Vendor is legally obligated to collect from Customer (subject to any valid tax exemption certificate authorized by the appropriate taxing authority). For clarity, Vendor is solely responsible for Taxes assessable against it based on its income, property, and employees. 10.1.5. Except as otherwise specified herein or in an Order Form, all fees, and charges are quoted and payable in United States dollars. 10.1.6. All amounts payable to Vendor under this Agreement shall be paid by Customer to Vendor in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason. Vendor will be entitled to setoff any amounts owed by Customer or its Affiliates to Vendor or its Affiliates against amounts owed by Vendor to Customer or its Affiliates.