Common use of Fees and Payment Terms Clause in Contracts

Fees and Payment Terms. The Lead Institution will pay to Elsevier the fees set forth in Schedule 1 (the “Fees”) within one hundred and fifty (150) days of date of invoice. Notwithstanding the aforementioned, the Fees due for each year of the Term shall not be payable by Lead Institution before of the then current year. Late payments will be subject to interest charges of per month on the unpaid balance. The Fees will be exclusive of any sales, use, value added, withholding or similar tax and the Subscriber will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution will be charged local value added tax (VAT), based on the Lead Institution’s place of establishment, unless the Lead Institution is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier of any changes to its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier may suspend access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in full.

Appears in 3 contracts

Sources: Subscription Agreement, Subscription Agreement, Subscription Agreement

Fees and Payment Terms. The Lead Institution Subscriber will pay to Elsevier the fees set forth in Schedule 1 (the “Fees”) within one hundred and fifty thirty (15030) days of date of invoice. Notwithstanding the aforementioned, the Fees due for each year of the Term shall not be payable by Lead Institution before of the then current year. Late payments will be subject to interest charges of 1% per month on the unpaid balance. In addition to other remedies provided in this Agreement, Elsevier reserves the right to suspend access to the Subscribed Products upon thirty (30) days’ prior written notice and without incurring liability if 1) the full amount of any Elsevier invoice hereunder has not been paid within the agreed payment deadline or 2) any invoice is outstanding under previous subscription agreements between parties for the Subscribed Products. The suspension of the Subscriber’s access for non-payment or on any other grounds provided herein is without prejudice to the Subscriber’s obligation to pay its outstanding and future invoice amounts in full. Elsevier and the Subscriber acknowledge that the Fees payable under this Agreement are not in the nature of royalties and consequently no withholding tax should be applied to the Fees. The Fees will be exclusive of any sales, use, value added, withholding or similar tax and the Subscriber will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution Subscriber will be charged local value added tax (VAT), based on the Lead InstitutionSubscriber’s place of establishment, unless the Lead Institution Subscriber is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier of any changes to its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions Subscriber any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier may suspend access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in full.

Appears in 2 contracts

Sources: Subscription Agreement, Subscription Agreement

Fees and Payment Terms. The Lead Institution will 5.1. Subscriber shall pay to Elsevier Perspectium the recurring subscription services fees set forth in Schedule 1 (the “Subscription Fees”) and any other Configuration Services fees (jointly “Fees”) within one hundred in U.S dollars for the Services listed and, in the amounts set forth, on the Order Form. Subscription Fees are payable annually in advance and fifty all invoices shall be payable in full, without deduction or offset, thirty (15030) days of from the date of the applicable invoice. Notwithstanding the aforementionedAll prices are final, the and all Fees due for are non-refundable during each year annual period of the Term shall except (i) as may be applicable pursuant to Section 9(c); or (ii) as otherwise provided by law. 5.2. Fees do not be payable by Lead Institution before of the then current year. Late payments will be subject to interest charges of per month on the unpaid balance. The Fees will be exclusive of include any sales, use, gross receipts, value added, withholding or similar tax and the Subscriber will be liable for other taxes, customs, duties, fees, or other charges assessed or imposed by any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended governmental authority (“VAT ActTaxes”). The Subscriber is solely responsible for any Taxes applicable to Subscribers purchase of the Services, other than taxes measured by Perspectium net income. Unless Subscriber provides a timely and valid tax exemption certificate to Perspectium, Subscriber will pay Taxes included on an invoice shall be delivered issued by Perspectium for any Services. Subscriber will pay Fees without reduction for Taxes, unless Subscriber is required by law to withhold any Taxes from its payment to Perspectium, in which case, Subscriber must provide Perspectium with an official tax receipt or other appropriate documentation to support such withholding. Notwithstanding the Lead Institution either originally or electronically foregoing sentence, if, under applicable tax laws and regulations, the Services are subject to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution will be charged local value added tax (VAT)”) and Subscriber is required to withhold local VAT from amounts payable to Perspectium, based on the Lead Institution’s place amount payable by Subscriber for the Services will be increased (i.e., grossed up) by the amount of establishment, unless the Lead Institution is applicable VAT and the grossed up amount will be regarded as a foreign relevant business person and provides VAT inclusive price such that the net amount payable to Elsevier its VAT Identification NumberPerspectium equals the amount as would otherwise be payable to Perspectium. The Subscriber will promptly notify Elsevier of defend, indemnify, and hold harmless Perspectium from and against any changes claim related to its VAT Identification Number Subscriber’s tax obligations or VAT status. Elsevier may charge the Lead Institutions Subscriber’s failure to collect or remit any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier may suspend access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in fullapplicable taxes.

Appears in 1 contract

Sources: Master Subscription Services Agreement

Fees and Payment Terms. The Lead Institution will pay to Elsevier the fees set forth in Schedule 1 (the “Fees”) within one hundred and fifty (150) days of date of invoice. Notwithstanding the aforementioned, the Fees due for each year of the Term shall not be payable by Lead Institution before of the then current year. Late payments will be subject to interest charges of per month on the unpaid balance. The Fees will be exclusive of any sales, use, value added, withholding or similar tax and the Subscriber Lead Institution will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. . The Lead Institution will be charged local value added tax (VAT), based on the Lead Institution’s place of establishment, unless the Lead Institution is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier of any changes to its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier may suspend access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in full.

Appears in 1 contract

Sources: Subscription Agreement

Fees and Payment Terms. The Lead Institution Unless otherwise provided, invoices will pay to Elsevier be issued upon commencement or renewal of the fees set forth Subscription Term and additional periodic invoices may be issued for exceeding the usage limits. Amounts are due and payable in Schedule 1 full, without setoff or deduction, within thirty (the “Fees”) within one hundred and fifty (15030) days following the invoice date and are payable in U.S. dollars unless otherwise agreed. If Client reasonably disputes any invoiced amount, Client will notify thatDot of date of invoicesuch dispute in writing. Notwithstanding the aforementioned, the Fees due Client is responsible for each year of the Term shall not be payable by Lead Institution before of the then current year. Late payments will be subject providing complete and accurate billing and contact information to interest charges of per month on the unpaid balance. The Fees will be exclusive of any sales, use, value added, withholding or similar tax thatDot and the Subscriber will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution will be charged local value added tax (VAT), based on the Lead Institution’s place of establishment, unless the Lead Institution is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier notifying thatDot of any changes to such information. 7.1 Except as otherwise specified in this Agreement, payment obligations are non- cancelable and fees paid are non-refundable. Fees outlined in an Order Form may not be modified during the initial term. thatDot reserves the right to modify its VAT Identification Number fees and charges for any subsequent renewal Subscription Term upon at least thirty (30) days’ notice and any such fee adjustments will take effect upon the commencement of the subsequent Subscription Term. 7.2 If the Services are offered with a free trial or VAT statusevaluation, Client will only be able to continue using the Services after the expiration of the free trial or evaluation period by paying in advance for additional usage. Elsevier may charge the Lead Institutions If you fail to pay for additional usage Client account will be frozen and inaccessible until payment is made. 7.3 thatDot’s fees are exclusive of all taxes, levies, or duties, and Client will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on thatDot’s income. Client will make all payments of fees to thatDot free and clear of, and without reduction for, any VAT, fineswithholding, penaltiesor similar taxes; any such taxes imposed on payments of fees to thatDot will be Client’s sole responsibility, interest and Client will provide thatDot with official receipts issued by the appropriate taxing authority, or such other costs evidence as thatDot may reasonably request, to establish that Elsevier may incur as a result of incorrect VAT informationsuch taxes have been paid. Each party shall bear Client agrees to indemnify, defend, and hold thatDot, its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of officers, directors, consultants, employees, successors and assigns harmless from all claims and liability arising from Client’s failure to report or pay any such incomplete paymenttaxes, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier duties or assessments. 7.4 thatDot may suspend or terminate this Agreement and Client’s access to the Subscribed Products Services if Client is more than 60 days past due on any invoice. Unpaid amounts are subject to this Institution in delay with providing its financial contribution without incurring liability from this interest at the lesser of one and one-half percent (1.5%) per month or the maximum permitted by law plus all expenses of collection. Client will continue to be charged for Services during any period of suspension. The suspension of access to this Institution is can last until the fee is completely paid in full.

Appears in 1 contract

Sources: Master Subscription Agreement

Fees and Payment Terms. The Lead Institution (a) In consideration for HICAPS providing access to the HICAPS System, the Provider agrees to pay HICAPS the applicable fees notified by HICAPS to the Provider from time to time (subject to clause 5(b) below) and comply with its obligations in this Part A. (b) HICAPS will pay provide the Provider at least 30 days prior notice of any proposed change to Elsevier the fees set forth in Schedule 1 (chargeable for access to the “Fees”) within one hundred and fifty (150) days HICAPS System. If the Provider continues to use the HICAPS system after the expiry of date of invoice. Notwithstanding the aforementioned30 day notice period, the Fees due for each year new fee(s) will apply from the expiry of the Term shall 30 day notice period. If the Provider does not be payable accept the proposed change in fees, the Provider may terminate this Agreement by Lead Institution before of the then current year. Late payments will be subject providing written notice to interest charges of per month on the unpaid balance. The Fees will be exclusive of any salesHICAPS, use, value added, withholding or similar tax and the Subscriber will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under which case: i. this Agreement will be paid by way terminate at the end of transfer the 30 day notice period; (the Provider may nominate a longer termination period, but the new fees will apply after the expiry of the 30 day notice period); ii. the Provider must stop accessing and using the HICAPS System as of the effective date of termination; iii. the Provider must pay all fees applicable to Elsevier's the period prior to the effective date of termination; and iv. HICAPS may deactivate the Provider’s access to the HICAPS System from the effective date of termination. (c) The Provider is solely responsible for the bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable information provided to HICAPS and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution will be charged local value added tax (VAT), based on the Lead Institution’s place of establishment, unless the Lead Institution is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will must promptly notify Elsevier inform ▇▇▇▇▇▇ of any changes thereto. Changes should be communicated to HICAPS by entering the updated information through the relevant HICAPS System or by contacting HICAPS. (d) All payments shall be made in Australian dollars. All fees are non-refundable unless otherwise explicitly stated in this Agreement. (e) The Provider agrees to obtain its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions any VATown advice in relation to good and services, fines, penalties, interest sales and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior taxes applicable to payments made to the Provider. (f) All payments due date and will specify the Institution that failed to provide its financial contribution HICAPS shall be made without any deduction or withholding on account of any tax, duty, charge or penalty except as required by law in time. In such which case the Lead Institution sum payable by a party in respect of which such deduction or withholding is not in delay with the payment and Elsevier may suspend access to be made, shall be increased to the Subscribed Products extent necessary to this Institution ensure that, after making such deduction or withholding, HICAPS receives and retains (free from any liability in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access respect thereof) a net sum equal to this Institution is can last until the fee is completely paid in fullsum it would have received but for such deduction or withholding being required.

Appears in 1 contract

Sources: Provider Agreement

Fees and Payment Terms. The Lead Institution will pay to Elsevier the fees set forth in Schedule 1 (the “Fees”) within one hundred and fifty (150) days of date of invoice. Notwithstanding the aforementioned, the Fees due for each year of the Term shall not be payable by Lead Institution before of the then current year. Late payments will be subject to interest charges of per month on the unpaid balance. The Fees will be exclusive of any sales, use, value added, withholding or similar tax and the Subscriber Lead Institution will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution will be charged local value added tax (VAT), based on the Lead Institution’s place of establishment, unless the Lead Institution is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier of any changes to its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier may suspend access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in full.

Appears in 1 contract

Sources: Subscription Agreement

Fees and Payment Terms. The Lead Institution will pay to Elsevier Fees for the fees Service and any applicable training or professional services offered by IVINEX are set forth in Schedule 1 an applicable Order Form. You will be responsible for payment of all fees or charges to your account in accordance with the fees and billing terms in effect at the time an Order Form is executed. Initial license fees will be based upon the number of total User licenses you require. Payments will be within Fifteen (the “Fees”) within one hundred and fifty (15015) days of date the Effective Date, due in full for the aggregate annual fees and one-time fees, or otherwise consistent with the terms set forth in the Order Form; if not specified, payments shall be annually. You are responsible for paying for all User licenses ordered for the entire Term, even if you do not fully use the maximum number ordered. A valid credit card or approved purchase order is required as a condition of invoice. Notwithstanding signing up for the aforementionedService, the Fees due and you shall be required to pay in advance for each year use of the Term Service. An authorized officer or representative (“Authorized Representative”) of yours may add licenses by executing an additional written Order Form or adding users under in the Ivinex administrator tool. If purchasing via an approved purchase order, all amounts owed to IVINEX shall be paid within Fifteen (15) days from the Effective Date. You agree to pay a late payment charge of fifteen percent (15%) per month or the maximum allowed by law, whichever is less, on all overdue amounts. There shall be no deductions from the payments owed to IVINEX due to lack of use of the license level ordered. The number of licenses ordered cannot be payable by Lead Institution before decreased prior to the expiration of the then current yearTerm. Late payments However, licenses may be added at any time, provided that (i) the licenses will be subject coterminous with the existing Term (either Initial Term or Renewal Term); (ii) the license fee due for the added licenses shall be pursuant to interest charges of per month the Order Form provided by IVINEX and shall be pro-rated based on the unpaid balance. The Fees time remaining within the current term; and (iii) licenses added prior to the fifteenth of any month will be exclusive charged for a full month. IVINEX reserves the right to modify its fees and billing rates or introduce new charges at any time, however, IVINEX shall provide thirty (30) days prior written notice of any salesprice increase to you, usewith such price increase not to take effect until the expiration of the then current Term. You will pay all applicable shipping charges and taxes (except for taxes based upon IVINEX’s net revenues or net income). You agree to provide IVINEX with complete and accurate billing and contact information, value addedinclusive of your company’s legal name, withholding street address, e-mail address, and your Authorized Representative’s contact information, which you agree to update within 30 days of any change to it. If you provide false, fraudulent, or similar tax and inaccurate information, IVINEX reserves the Subscriber will be liable for any such taxes right to terminate the Service in addition to the Fees. Any sum to be paid by the Lead Institution to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All the prices (the fees) under this Agreement are set forth as final, unchangeable and the maximum allowable and cover and include all activities relating to the performance under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under this Agreement, which will be mutually agreed in an amendment to this Agreement. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Collother legal remedies., VAT Act, as amended (“VAT Act”). The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution will be charged local value added tax (VAT), based on the Lead Institution’s place of establishment, unless the Lead Institution is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier of any changes to its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for the bank transfer are shared between the parties. The Lead Institution may cover the invoice partially if an Institution did not provide its financial contribution in time. In the event of such incomplete payment, the Lead Institution will notify Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay with the payment and Elsevier may suspend access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in full.

Appears in 1 contract

Sources: Master Subscription Agreement

Fees and Payment Terms. The Lead Institution Subscriber will pay to Elsevier the fees set forth in Schedule 1 (the “Fees”) within one hundred and fifty thirty (15030) days of date of invoice. Notwithstanding the aforementioned, the Fees due for each year of the Term shall not be payable by Lead Institution before of the then current year. Late payments will be subject to interest charges of 1% per month on the unpaid balance. The Fees will be exclusive of any sales, use, value added, withholding or similar tax and the Subscriber will be liable for any such taxes in addition to the Fees. Any sum to be paid by the Lead Institution Subscriber to Elsevier under this Agreement will be paid by way of transfer to Elsevier's bank account All in the prices (the fees) under this Agreement are set forth as final, unchangeable Netherlands. The currency of account and the maximum allowable and cover and include all activities relating currency of payment for any sum to be paid by the performance Subscriber to Elsevier under the Agreement. Elsevier may not charge any additional costs or expenses to the Subscriber. For the avoidance of doubt, any addition of new institutions to this Agreement will be subject to additional fees under EUR (meaning the lawful currency of the European part of the Netherlands at the effective date of this Agreement), notwithstanding any changes in Euro zone membership that might occur after the effective date of this Agreement, except in the event that (a) the Netherlands cease to be a member of the Euro zone of the European Union or (b) all participating members of the Euro zone cease to do so and the Euro ceases to exist, in which event the sum will become payable in the currency that will be mutually agreed officially adopted as the legal currency in an amendment to this Agreementthe Netherlands. The invoice shall contain all the requisites set forth by the applicable legislation, especially Act No. 235/2004 Coll., VAT Act, as amended (“VAT Act”)Subscriber waives any right it may have at any time in any jurisdiction to pay any sum under this Agreement in a currency unit other than that in which it is expressed to be payable under this clause. The invoice shall be delivered to the Lead Institution either originally or electronically to the e-mail address . The invoice shall include a reference to the Subscribed Products pursuant to this Agreement.. The Lead Institution Subscriber will be charged local value added tax (VAT), based on the Lead InstitutionSubscriber’s place of establishment, unless the Lead Institution Subscriber is a foreign relevant business person and provides to Elsevier its VAT Identification Number. The Subscriber will promptly notify Elsevier of any changes to its VAT Identification Number or VAT status. Elsevier may charge the Lead Institutions Subscriber any VAT, fines, penalties, interest and other costs that Elsevier may incur as a result of incorrect VAT information. Each party shall bear its own costs in connection with this Agreement. The bank fees for Elsevier will send a copy of Elsevieťs invoice to the bank transfer are shared between Subscribeťs subscription agent identified as the parties. The Lead Institution may cover Billing Contact on Schedule 2 (the invoice partially if an Institution did not provide its financial contribution in time. In “Agent”), and the event of such incomplete payment, Subscriber will cause the Lead Institution will notify Agent to pay Elsevier in writing of the intended difference no less than ten (10) days prior to the due date and will specify the Institution that failed to provide its financial contribution in time. In such case the Lead Institution is not in delay accordance with the payment and terms set forth above. If the Agent fails to pay the full amount of Elsevier’s invoice on a timely basis, Elsevier may suspend the Subscriber’s access to the Subscribed Products to this Institution in delay with providing its financial contribution without incurring liability from this suspension. The suspension of access to this Institution is can last until the fee is completely paid in fullunpaid amounts of such invoice, and any interest charges, are paid.

Appears in 1 contract

Sources: Subscription Agreement