Common use of Fees for the Services Clause in Contracts

Fees for the Services. (a) In consideration for any Services provided under this Agreement, the Recipients shall pay the fees applicable to such Services as set forth in Exhibit A (“Service Fees”) and any additional out-of-pocket costs incurred by Provider in the use of Third-Party Providers to provide the Services; provided, that Provider must obtain the Recipients’ prior written consent for any costs in the aggregate in excess of $100,000. For the avoidance of doubt, such Services Fees represent the total amount due from the Recipients as a whole and not on an individual basis. Subject to Section 4(b), the Recipients shall not be obligated to pay the Service Fees for Services that they do not receive; provided that a failure to meet the service standards set forth in Section 5(a) shall not alone relieve the Recipients of their obligations under this Section 6. (b) If as the result of any change in the type, configuration and/or level of Services requested by the Recipients, in each case as agreed to by the Parties in writing, Provider expects to incur any additional expenses not reflected in the amounts set forth in Exhibit A, Provider shall notify the Recipients of the expected additional expenses (and obtain the Recipients’ prior written consent if such expenses are expected to exceed $100,000 in the aggregate), and the Recipients shall reimburse Provider for such additional expenses; provided, that if the Recipients do not consent, Provider is not obligated to provide such Services. Provider will submit to the Recipients for payment monthly invoices of amounts due in arrears under this Agreement. Any Services that are monthly fees, expenses or charges will apply to each full month and, on a pro rata basis, to each partial month in which the applicable Service is provided. (c) To the extent applicable, for the period commencing on the Effective Date and terminating upon the transfer of the Lease to a Recipient, the Recipients shall reimburse Provider for any scheduled lease payments made by Provider or its Affiliates during such period under that certain lease agreement dated February 25, 2019 (the “Lease”) for the office premises located at ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ in Boca Raton, Florida. (d) Except as may otherwise be specifically provided in Exhibit A, the Recipients shall pay to Provider the undisputed amounts and expense reimbursements set forth in this Section 6 on a monthly basis within thirty (30) days of receipt of invoice (the “Initial Payment Date”). Each invoice shall itemize each Service provided to the Recipients and its corresponding Service Fee, and for any Service identified in Exhibit A as having variable costs, Provider shall also provide to the Recipients reasonable supporting detail for the determination of such variable costs. The Recipients may in good faith object to any amounts and expense reimbursements owed by the Recipients to Provider pursuant to Provider’s invoice; provided, that (A) the Recipients shall pay any undisputed amounts and undisputed expense reimbursements and (B) such objection is made in writing to Provider no later than thirty (30) days after receipt of the applicable invoice. The Parties shall meet as expeditiously as possible to resolve such dispute. If such dispute is not resolved between the Parties within thirty (30) days after delivery of any such written objection, the Parties agree to submit the dispute to arbitration, subject to Section 12(e). (e) If the Recipients fail to make payment for any Services in accordance with this Section, they shall be required to pay, in addition to such unpaid amount, interest on such amount at the rate of interest per annum publicly announced by ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank from time to time as its prime rate in effect at its office located at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇.

Fees for the Services. (‌ 5.1 Fees‌ a) In consideration You must pay all fees for the provision and use of the Services that we provide to you or by any other person listed as authorised under your account with or without your consent. b) If a service is used to access the facilities or services of another supplier, amounts charged by that other supplier are, unless our SFOA specifies otherwise, your responsibility, and you will indemnify us in relation to any such charges. If we are charged those amounts, we may include them in the fees. 5.2 Installation Charges‌ a) We will charge you installation Charges as stated in (or indicated by) your Application Form. b) We will try to inform you in advance of any installation fees that may be charged by our third-party suppliers. c) If we find that installation will be more costly because of factors beyond our reasonable control, we may decline to proceed with installation unless you agree to revised Charges. 5.3 Discounts, credits, and rebates‌ Your application form will state any discounts or special rate for which you may be eligible. If you are eligible for a rebate, such as a promotional rebate, Bendigo Telco will inform you in writing of such an entitlement. 5.4 GST‌ Unless expressly stated otherwise, all amounts payable by you under or in connection with our SFOA are inclusive of GST. If GST is payable on a Taxable Supply made to you, the amount payable by you for that Taxable supply will be the amount expressed in our agreement or the relevant document connected with our SFOA. 5.5 Invoicing‌ a) We will usually invoice you calendar monthly for the Services, plus any applicable GST. We may vary invoice frequency upon giving you reasonable notice. Pro-rata billing of services within the initial month of connection may apply for services charged in advance. Invoices issued via post / mail will incur a paper invoice fee as set out in the Schedule of Charges. b) We may issue an interim bill at any time in the following circumstances: (i) you request a new service to be connected; (ii) you change your existing plan; (iii) you request to be invoiced for any Services provided under this Agreement‘unbilled’ charges; (iv) you relocate an existing service; (v) we have reasonable grounds to believe that you may be a credit risk; or (vi) as otherwise agreed with you. c) Depending on the relevant products’ Critical Information Summary (CIS) or Rate Card, we may issue services based on different criteria, either in advance or arrears. Your CIS or Rate Card will provide details of the Recipients shall pay applicable recurring fee structure and you may have charges by both services criteria on the fees applicable to such Services as set forth in Exhibit A (“Service Fees”) and any additional out-of-pocket costs incurred by Provider in the use of Third-Party Providers to provide the Services; provided, that Provider must obtain the Recipients’ prior written consent for any costs in the aggregate in excess of $100,000. For the avoidance of doubt, such Services Fees represent the total amount due from the Recipients as a whole and not on an individual basis. Subject to Section 4(b), the Recipients shall not be obligated to pay the Service Fees for Services that they do not receive; provided that a failure to meet the service standards set forth in Section 5(a) shall not alone relieve the Recipients of their obligations under this Section 6same invoice. (bi) If as the result of any change payments in the typeadvance where applicable, configuration and/or level of Services requested by the Recipientswe will invoice you in advance for connection, in each case as agreed to by the Parties in writingline rental, Provider expects to incur any additional expenses not reflected in the amounts set forth in Exhibit A, Provider shall notify the Recipients of the expected additional expenses (and obtain the Recipients’ prior written consent if such expenses are expected to exceed $100,000 in the aggregate)recurring charges, and the Recipients shall reimburse Provider for such additional expenses; providedother periodic service fees, that if the Recipients do not consent, Provider is not obligated to provide such Services. Provider and we will submit to the Recipients for payment monthly invoices of amounts due invoice you in arrears under this Agreement. Any Services that are monthly for call charges and other usage fees, expenses or charges will apply to each full month and, on a pro rata basis, to each partial month in which the applicable Service is provided. (cii) To the extent payments in arrears where applicable, we will invoice you in arrears for the period commencing on the Effective Date connection, line rental, recurring charges, and terminating upon the transfer of the Lease other periodic service fees, and we will invoice you in arrears for call charges and other usage fees. d) We will refund or credit any overpayment due to a Recipientvariation in the Fees or cancellation of a Service. If we have undercharged you, the Recipients shall reimburse Provider you will be liable for any scheduled lease payments made by Provider or its Affiliates during such period under that certain lease agreement dated February 25, 2019 (the “Lease”) for the office premises located at ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ in Boca Raton, Floridaunderpayment. (d) Except as may otherwise be specifically provided in Exhibit A, the Recipients shall pay to Provider the undisputed amounts and expense reimbursements set forth in this Section 6 on a monthly basis within thirty (30) days of receipt of invoice (the “Initial Payment Date”). Each invoice shall itemize each Service provided to the Recipients and its corresponding Service Fee, and for any Service identified in Exhibit A as having variable costs, Provider shall also provide to the Recipients reasonable supporting detail for the determination of such variable costs. The Recipients may in good faith object to any amounts and expense reimbursements owed by the Recipients to Provider pursuant to Provider’s invoice; provided, that (A) the Recipients shall pay any undisputed amounts and undisputed expense reimbursements and (B) such objection is made in writing to Provider no later than thirty (30) days after receipt of the applicable invoice. The Parties shall meet as expeditiously as possible to resolve such dispute. If such dispute is not resolved between the Parties within thirty (30) days after delivery of any such written objection, the Parties agree to submit the dispute to arbitration, subject to Section 12(e). (e) If you have a direct debit in place, your credit card or bank account will be debited the Recipients fail invoiced amount as described 15 days after the invoice issue date. 5.6 Time for Payment‌ All fees must be paid by the Due Date. 5.7 Standing authorisation‌ We reserve the right to make payment for any Services require that you provide us a standing authorisation to debit Fees from your nominated credit card or bank account in accordance with this Sectionthe event that your Fees on account are, they shall be required or are reasonably expected to paybe, above $250 per month, or in addition to such unpaid amount, interest on such amount at the rate of interest per annum publicly announced by ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank from time to time as its prime rate event that you are consistently late in effect at its office located at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇making payment.

Fees for the Services. (a) In consideration for any Services provided under this Agreement, the Recipients shall pay the fees applicable to such Services as set forth in Exhibit A (“Service Fees”) and any additional out-of-pocket costs incurred by Provider in the use of Third-Party Providers to provide the Services; provided, that Provider must obtain the Recipients’ prior written consent for any costs in the aggregate in excess of $100,000. For the avoidance of doubt, such Services Fees represent the total amount due from the Recipients as a whole and not on an individual basis. Subject to Section 4(b), the Recipients shall not be obligated to pay the Service Fees for Services that they do not receive; provided that a failure to meet the service standards set forth in Section 5(a) shall not alone relieve the Recipients of their obligations under this Section 6. (b) If as the result of any change in the type, configuration and/or level of Services requested by the Recipients, in each case as agreed to by the Parties in writing, Provider expects to incur any additional expenses not reflected in the amounts set forth in Exhibit A, Provider shall notify the Recipients of the expected additional expenses (and obtain the Recipients’ prior written consent if such expenses are expected to exceed $100,000 in the aggregate), and the Recipients shall reimburse Provider for such additional expenses; provided, that if the Recipients do not consent, Provider is not obligated to provide such Services. Provider will submit to the Recipients for payment monthly invoices of amounts due in arrears under this Agreement. Any Services that are monthly fees, expenses or charges will apply to each full month and, on a pro rata basis, to each partial month in which the applicable Service is provided. (c) To the extent applicable, for For the period commencing on the Effective Date and terminating upon the transfer of the Lease to a Recipient, the Recipients shall reimburse Provider for any scheduled lease payments made by Provider or its Affiliates during such period under that certain lease agreement dated February 25, 2019 (the “Lease”) for the office premises located at ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ in Boca Raton, Florida. (d) Except as may otherwise be specifically provided in Exhibit A, the Recipients shall pay to Provider the undisputed amounts and expense reimbursements set forth in this Section 6 on a monthly basis within thirty (30) days of receipt of invoice (the “Initial Payment Date”). Each invoice shall itemize each Service provided to the Recipients and its corresponding Service Fee, and for any Service identified in Exhibit A as having variable costs, Provider shall also provide to the Recipients reasonable supporting detail for the determination of such variable costs. The Recipients may in good faith object to any amounts and expense reimbursements owed by the Recipients to Provider pursuant to Provider’s invoice; provided, that (A) the Recipients shall pay any undisputed amounts and undisputed expense reimbursements and (B) such objection is made in writing to Provider no later than thirty (30) days after receipt of the applicable invoice. The Parties shall meet as expeditiously as possible to resolve such dispute. If such dispute is not resolved between the Parties within thirty (30) days after delivery of any such written objection, the Parties agree to submit the dispute to arbitration, subject to Section 12(e). (e) If the Recipients fail to make payment for any Services in accordance with this Section, they shall be required to pay, in addition to such unpaid amount, interest on such amount at the rate of interest per annum publicly announced by ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank from time to time as its prime rate in effect at its office located at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇.