Common use of Invoice Discrepancies Clause in Contracts

Invoice Discrepancies. 9.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure described hereunder shall apply to any Invoice Discrepancy. If the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best endeavours to resolve the dispute through consultations within 14 days after notification. 9.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 10. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 10. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party then the Invoicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid.

Appears in 4 contracts

Sources: Interconnect Agreement, Interconnect Agreement, Interconnect Agreement

Invoice Discrepancies. 9.1 8.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure procedures described hereunder shall apply to any Invoice DiscrepancyDiscrepancy (except that the procedure described in clause 10.4 shall apply to disputing fraudulent traffic). If the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best endeavours to resolve the dispute through consultations within 14 days after notification). 9.2 8.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 10. clause 9.1.. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 10clause 9.1. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 8.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party then the Invoicing In-voicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid. 8.4 In the event that the Paying Party considers that fraudulent traffic has been transmitted, and unless an order or direction has issued from ComReg or other competent or (a) confirmation of the value of the dispute; (b) confirmation of the volume of call minutes in dispute; (c) confirmation of the destination of the call minutes in dispute; (d) a Call Detail Records analysis; (e) a detailed fraud description based on the call detail records analysis; and (f) a copy of the reference number of the Paying Party’s registered complaint to local authorities. • In addition to the information provided in clause 8.4.2, provide the Service Provider Party with a copy of the Paying Party’s registered complaint to local authorities in the form of either a police report or equivalent (written in English or translated to English) as soon as is reasonably practicable. • Where the Service Provider Party acting reasonably recognizes the traffic is fraudulent: (a) the Service Provider Party will use reasonable endeavours to obtain a credit note from its suppliers and will reimburse the Paying Party for the value of the traffic; or (b) the variable Charges for such traffic shall be limited to the Service Provider cost of termination. • Following any possible deductions of the disputed invoice in accordance with this clause 8.4, the Paying Party will pay any outstanding amounts of the disputed invoice in accordance with the rest of this Agreement. • If the Service Provider Party acting reasonably does not recognise the traffic to be fraudulent, and the Paying Party disputes this, then the Parties must use the Dispute Resolution procedure set out in clause 9. 8.5 For the avoidance of doubt, the Paying Party will pay all undisputed Charges in accordance with clause 14 and any disputed amounts will not be payable until completion of the process set out in this clause 9.

Appears in 1 contract

Sources: Interconnection Agreement

Invoice Discrepancies. 9.1 7.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure procedures described hereunder shall apply to any Invoice DiscrepancyDiscrepancy (except that the procedure described in Clause 7.4 shall apply to disputing fraudulent traffic). If the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best reasonable endeavours to resolve the dispute through consultations within 14 days after notification. 9.2 7.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 10. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 108. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 7.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party then the Invoicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid. 7.4 In the event that the Paying Party considers that there is or has been fraudulent traffic has been transmitted, and unless an order or direction has issued from ComReg or other competent or equivalent authority in respect of such traffic (in which case the terms of such order or direction shall take precedence), the Paying Party must: 7.4.1 Notify the Service Provider Party that it intends to dispute the invoice within 10 days of the date that the Paying Party identifies or suspects fraudulent traffic but no later than 10 days after the issuing of the relevant invoice; and 7.4.2 Within 14 days from the date of notice given in accordance with 7.4.1 provide the Service Provider Party with all of the following necessary information to prove the fraudulent nature of the traffic: (a) confirmation of the value of the dispute; (b) confirmation of the volume of call minutes in dispute; (c) confirmation of the destination of the call minutes in dispute; (d) a Call Detail Records analysis; (e) a detailed fraud description based on the call detail records analysis; and (f) a copy of the reference number of the Paying Party’s registered complaint to local authorities. 7.4.3 In addition to the information provided in clause 7.4.2, provide the Service Provider Party with a copy of the Paying Party’s registered complaint to local authorities in the form of either a police report or equivalent (written in English or translated to English) as soon as is reasonably practicable. 7.4.4 Where the Service Provider Party acting reasonably recognises the traffic is fraudulent: (a) the Service Provider Party will use reasonable endeavours to obtain a credit note from its suppliers and will reimburse the Paying Party for the value of the traffic; or (b) the variable Charges for such traffic shall be limited to the Service Provider cost of termination. 7.4.5 Following any possible deductions of the disputed invoice in accordance with this clause 8.4, the Paying Party will pay any outstanding amounts of the disputed invoice in accordance with the rest of this Agreement. 7.4.6 If the Service Provider Party acting reasonably does not recognise the traffic to be fraudulent, and the Paying Party disputes this, then the Parties must use the Dispute Resolution procedure set out in clause 10. For the avoidance of doubt, the Purchaser will pay all undisputed Charges in accordance with Clause 8 and any disputed amounts will not be payable until completion of the process set out in this Clause 9.

Appears in 1 contract

Sources: Interconnect Agreement

Invoice Discrepancies. 9.1 Each Party (”Paying Party”) 9 of 30 7.1. The Operator will review invoices issued by the other Party (”Invoicing Party”)Voxbone. The procedure procedures described hereunder shall apply to any Invoice DiscrepancyDiscrepancy (except that the procedure described in Clause 7.4 shall apply to disputing fraudulent traffic). If the Paying Party Operator wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party Voxbone in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty one days (21) days of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount value of traffic volume the invoice issued in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best endeavours to resolve the dispute through consultations within 14 forteen (14) days after notificationthe notification of an Invoice Discrepancy by the Operator. 9.2 7.2. The Parties shall aim to reach an agreement on any Invoice Discrepancy Discrepancy, latest at Level I Director level or Level II above, of the Dispute Resolution procedure set forth in Clause 108. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 10. The Paying Party Operator may at any time withdraw its notification of an Invoice Discrepancy. 9.3 7.3. If a dispute is investigated and resolved in favour of the Paying Party Operator then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party Voxbone then the Invoicing Party reserve the Voxbone reserves its right to apply late payment interest from the date such payment was originally due until paid. 7.4. In the event that the Operator considers that fraudulent traffic has been transmitted, and unless an order or direction has been issued from the National Regulatory Authority or other competent or equivalent authority in respect of such traffic (in which case the terms of such order or direction shall take precedence), the Operator must: (a) notify Voxbone that it intends to dispute the invoice within ten (10) days of the date that the Operator identifies or suspects fraudulent traffic but no later than ten (10) days after the issuing of the relevant invoice; (b) within forteen (14) days from the date of notice given in accordance with Clause 7.4(a) provide Voxbone with all of the following necessary information to prove the fraudulent nature of the traffic: • confirmation of the value of the dispute; • confirmation of the volume of call minutes in dispute; • confirmation of the destination of the call minutes in dispute; • a Call Detail Records analysis; • a detailed fraud description based on the Call Detail Records analysis; and

Appears in 1 contract

Sources: Reference Interconnect Offer (Rio)

Invoice Discrepancies. 9.1 10.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure procedures described hereunder shall apply to any Invoice DiscrepancyDiscrepancy (except that the procedure described in Clause 10.4 shall apply to disputing fraudulent traffic). If the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best endeavours to resolve the dispute through consultations within 14 days after notification. 9.2 10.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 1011. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 1011. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 10.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party then the Invoicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid. 10.4 In the event that the Paying Party considers that fraudulent traffic has been transmitted, and unless an order or direction has issued from ComReg or other competent or equivalent authority in respect of such traffic (in which case the terms of such order or direction shall take precedence), the Paying Party must: 10.4.1 Notify the Service Provider Party that it intends to dispute the invoice within 10 days of the date that the Paying Party identifies or suspects fraudulent traffic but no later than 10 days after the issuing of the relevant invoice; and 10.4.2 Within 14 days from the date of notice given in accordance with 9.4.1 provide the Service Provider Party with all of the following necessary information to prove the fraudulent nature of the traffic: (a) confirmation of the value of the dispute; (b) confirmation of the volume of call minutes in dispute; (c) confirmation of the destination of the call minutes in dispute; (d) a Call Detail Records analysis; (e) a detailed fraud description based on the call detail records analysis; and (f) a copy of the reference number of the Paying Party’s registered complaint to local authorities. 10.4.3 In addition to the information provided in clause 10.4.2, provide the Service Provider Party with a copy of the Paying Party’s registered complaint to local authorities in the form of either a police report or equivalent (written in English or translated to English) as soon as is reasonably practicable. 10.4.4 Where the Service Provider Party acting reasonably recognises the traffic is fraudulent: (a) the Service Provider Party will use reasonable endeavours to obtain a credit note from its suppliers and will reimburse the Paying Party for the value of the traffic; or (b) the variable Charges for such traffic shall be limited to the Service Provider cost of termination. 10.4.5 Following any possible deductions of the disputed invoice in accordance with this clause 10.4, the Paying Party will pay any outstanding amounts of the disputed invoice in accordance with the rest of this Agreement. 10.4.6 If the Service Provider Party acting reasonably does not recognise the traffic to be fraudulent, and the Paying Party disputes this, then the Parties must use the Dispute Resolution procedure set out in clause 11. 10.5 For the avoidance of doubt, the Purchaser will pay all undisputed Charges in accordance with Clause 9 and any disputed amounts will not be payable until completion of the process set out in this Clause 10.

Appears in 1 contract

Sources: National Interconnect Offer

Invoice Discrepancies. 9.1 7.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure procedures described hereunder shall apply to any Invoice DiscrepancyDiscrepancy (except that the procedure described in Clause 7.4 shall apply to disputing fraudulent traffic). If the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within raisedwithin twenty one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best reasonable endeavours to resolve the dispute through consultations within 14 within14 days after notification. 9.2 7.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 10. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 108. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 7.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party then the Invoicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid. 7.4 In the event that the Paying Party considers that there is or has been fraudulent traffic has been transmitted, and unless an order or direction has issued from ComReg or other competent or equivalent authority in respect of such traffic (in which case the terms of such order or direction shall take precedence), the Paying Party must: 7.4.1 Notify the Service Provider Party that it intends to dispute the invoice within 10 days of the date that the Paying Party identifies or suspects fraudulent traffic but no later than 10 days after the issuing of the relevant invoice; and 7.4.2 Within 14 days from the date of notice given in accordance with 7.4.1 provide the Service Provider Party with all of the following necessary information to prove the fraudulent nature of the traffic: (a) confirmation of the value of the dispute; (b) confirmation of the volume of call minutes in dispute; (c) confirmation of the destination of the call minutes in dispute; (d) a Call Detail Records analysis; (e) a detailed fraud description based on the call detail records analysis; and (f) a copy of the reference number of the Paying Party’s registered complaint to local authorities. 7.4.3 In addition to the information provided in clause 7.4.2, provide the Service Provider Party with a copy of the Paying Party’s registered complaint to local authorities in the form of either a police report or equivalent (written in English or translated to English) as soon as is reasonably practicable. 7.4.4 Where the Service Provider Party acting reasonably recognises the traffic is fraudulent: (a) the Service Provider Party will use reasonable endeavours to obtain a credit note from its suppliers and will reimburse the Paying Party for the value of the traffic; or (b) the variable Charges for such traffic shall be limited to the Service Provider cost of termination. 7.4.5 Following any possible deductions of the disputed invoice in accordance with this clause 8.4, the Paying Party will pay any outstanding amounts of the disputed invoice in accordance with the rest of this Agreement. 7.4.6 If the Service Provider Party acting reasonably does not recognise the traffic to be fraudulent, and the Paying Party disputes this, then the Parties must use the Dispute Resolution procedure set out in clause 10. For the avoidance of doubt, the Purchaser will pay all undisputed Charges in accordance with Clause 8 and any disputed amounts will not be payable until completion of the process set out in this Clause 9.

Appears in 1 contract

Sources: Interconnect Agreement

Invoice Discrepancies. 9.1 7.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure procedures described hereunder shall apply to any Invoice Discrepancy. If Discrepancy (except that the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party procedure described in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their best endeavours to resolve the dispute through consultations within 14 days after notification.Clause 9.2 7.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 10. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 108. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 7.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event the dispute is resolved in favour of the Invoicing Party then the Invoicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid. 7.4 In the event that the Paying Party considers that there is or has been fraudulent traffic has been transmitted, and unless an order or direction has issued from ComReg or other competent or equivalent authority in respect of such traffic (in which case the terms of such order or direction shall take precedence), the Paying Party must: 7.4.1 Notify the Service Provider Party that it intends to dispute the invoice within 10 days of the date that the Paying Party identifies or suspects fraudulent traffic but no later than 10 days after the issuing of the relevant invoice; and 7.4.2 Within 14 days from the date of notice given in accordance with 7.4.1 provide the Service Provider Party with all of the following necessary information to prove the fraudulent nature of the traffic: (a) confirmation of the value of the dispute; (b) confirmation of the volume of call minutes in dispute; (c) confirmation of the destination of the call minutes in dispute; (d) a Call Detail Records analysis; (e) a detailed fraud description based on the call detail records analysis; and (f) a copy of the reference number of the Paying Party’s registered complaint to local authorities. 7.4.3 In addition to the information provided in clause 7.4.2, provide the Service Provider Party with a copy of the Paying Party’s registered complaint to local authorities in the form of either a police report or equivalent (written in English or translated to English) as soon as is reasonably practicable. 7.4.4 Where the Service Provider Party acting reasonably recognises the traffic is fraudulent: (a) the Service Provider Party will use reasonable endeavours to obtain a credit note from its suppliers and will reimburse the Paying Party for the value of the traffic; or (b) the variable Charges for such traffic shall be limited to the Service Provider cost of termination. 7.4.5 Following any possible deductions of the disputed invoice in accordance with this clause 8.4, the Paying Party will pay any outstanding amounts of the disputed invoice in accordance with the rest of this Agreement. 7.4.6 If the Service Provider Party acting reasonably does not recognise the traffic to be fraudulent, and the Paying Party disputes this, then the Parties must use the Dispute Resolution procedure set out in clause 10. For the avoidance of doubt, the Purchaser will pay all undisputed Charges in accordance with Clause 8 and any disputed amounts will not be payable until completion of the process set out in this Clause 9.

Appears in 1 contract

Sources: Interconnect Agreement

Invoice Discrepancies. 9.1 Each Party (”Paying Party”) will review invoices issued by the other Party (”Invoicing Party”). The procedure described hereunder shall apply to any Invoice Discrepancy. If the Paying Party wishes to raise an Invoice Discrepancy, it shall promptly notify the Invoicing Party in writing as soon as it becomes aware of any such discrepancy. Provided that an Invoice Discrepancy is raised within twenty twenty- one days (21) of the date of an invoice, payment of the invoice may be withheld, unless the Invoice Discrepancy relates to less than 5% of the total amount of traffic volume in which case the full invoice must be paid pending resolution of the Invoice Discrepancy. Both Parties shall use their Subject to best endeavours to resolve the dispute through consultations within 14 days after notification. 9.2 The Parties shall aim to reach an agreement on any Invoice Discrepancy at Level I or Level II of the Dispute Resolution procedure set forth in Clause 10. The Parties may at any time agree on a time schedule modifying or replacing the time schedule provided for under Clause 10. The Paying Party may at any time withdraw its notification of an Invoice Discrepancy. 9.3 If a dispute is investigated and resolved in favour of the Paying Party then no late payment interest shall be applied. In the event event, the dispute is resolved in favour of the Invoicing Party then than the Invoicing Party reserve the right to apply late payment interest from the date such payment was originally due until paid.

Appears in 1 contract

Sources: Reference Interconnect Offer