Pricing and Invoicing. 5.1 The prices described in the Quotation will apply. StriveCloud reserves the right to modify the price list included in its Feature Pages at any time and shall duly inform the Licensee before such modifications take effect, which shall be at the start of the next Renewal Term (unless a later date is communicated by StriveCloud). These modifications will enter into force from the date of notification of these price modifications to the Licensee. The Licensee can object to these changes within ten (10) calendar days from the notification date by sending an e-mail to ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ and can terminate these Terms with immediate effect by written notice if no mutual agreement is found. In the event the Licensee has not notified StriveCloud of such termination within the aforementioned ten (10) calendar days period, Licensee irrevocably and unconditionally accepts such changes and will no longer be entitled to terminate these Terms pursuant to this article 5.1. 5.2 StriveCloud shall invoice one-time Services, such as the installation and set-up, after such occurrence has been completed, unless otherwise agreed in the Quotation. StriveCloud shall invoice the license fees in respect of the StriveCloud Software and any other Services on a yearly basis, as agreed in the Quotation. Any fees payable under these Terms shall be considered nonrefundable. 5.3 The Licensee shall pay each invoice within thirty (30) calendar days after the date of invoice, unless otherwise agreed in the Quotation. Payments shall be done by wire transfer to the account indicated on the invoice. 5.4 In the Quotation a maximum usage is mentioned (in the form of a maximum number of active users or any other usage metric referred to in the Quotation). StriveCloud will monitor the Licensee’s usage on a monthly basis and both Parties acknowledge and agree that the findings of StriveCloud in this respect are conclusive and have probative value. In the event the Licensee’s usage exceeds the maximum usage included in the Quotation, StriveCloud will take note of the difference of that month and send an invoice containing the price of that difference, using the applicable prices for usage set forth in the Quotation. In deviation from article 5.3, invoices for usage excess will be payable within fifteen (15) calendar days after the date of invoice. 5.5 All amounts not paid by the Licensee on the relevant due date shall bear an interest for late payment in accordance with the law of 8 August 2002 on combating late payments in commercial transactions, without prior notice of default. All costs arising from collecting any outstanding claims, including but not limited to legal fees or administrative costs, and with as minimum a fixed amount equal to the highest of fifteen percent (15%) of the unpaid amount or two hundred and fify euros (EUR 250.00), are for the account of the Licensee and may be recovered by StriveCloud. In addition, in case of non-payment of the license fees for the use of the StriveCloud Software, StriveCloud has the right to suspend access to the StriveCloud Software until all invoices in relation to such license fees are correctly paid. 5.6 In case of future versions, enhancements, modifications or updates to the StriveCloud Software, StriveCloud reserves the right to only make these new versions, enhancements, modifications or updates available to the Licensee upon additional payment or increased prices, as the case may be.
Appears in 3 contracts
Sources: Licensing Agreement, Licensing Agreement, Licensing Agreement
Pricing and Invoicing. 5.1 The prices Under the conditions as set forth in these Terms, the Software Reseller is entitled to purchase the Services at the pricing arrangements set forth on the Feature Pages and the commercial conditions described in Annex 1, minus the Quotation will applydiscounts specified in the Specific Terms. StriveCloud reserves the right to (i) modify the price list included in its Feature Pages prices set out therein at any time and shall duly inform the Licensee Software Reseller before such modifications take effect, effect (which shall be at the start of the next Renewal Term (Term, unless a later date is communicated by StriveCloud)) and (ii) make new versions, enhancements, modifications or updates of the StriveCloud Software only available to the Software Reseller upon additional payment or increased prices, as the case may be. These modifications will enter into force from The Software Reseller shall duly inform the date of notification of End-Customers about and implement (i) these price modifications to and (ii) new versions, enhancements, modifications or updates of the LicenseeStrivecloud Software. The Licensee can object to these changes within ten (10) calendar days from Software Reseller will reflect this information obligation in its agreement with the notification date by sending an eEnd-mail to ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ and can terminate these Terms with immediate effect by written notice if no mutual agreement is found. In the event the Licensee has not notified StriveCloud of such termination within the aforementioned ten (10) calendar days period, Licensee irrevocably and unconditionally accepts such changes and will no longer be entitled to terminate these Terms pursuant to this article 5.1Customers.
5.2 The discount will not apply to End-Customers who were direct customers of StriveCloud during the six (6) months prior to the date the Software Reseller has concluded a License Agreement with said End-Customer.
5.3 StriveCloud shall invoice the Software Reseller: (i) license fees on a yearly or monthly basis, as applicable, (ii) one-time Services, such as the installation and set-upup or workshops, after such occurrence has been completed, unless otherwise agreed in the Quotation. StriveCloud shall invoice the license fees in respect of the StriveCloud Software completed and (iii) any other Services on a yearly monthly basis, as agreed in the Quotation. Any fees payable under these Terms shall be considered nonrefundable.
5.3 5.4 The Licensee Software Reseller shall pay each invoice within thirty (30) calendar days after the date of invoice, unless otherwise agreed in the Specific Terms or Quotation. Payments shall be done by wire transfer to the account indicated on the invoice.
5.4 In the Quotation a maximum usage is mentioned (in the form of a maximum number of active users or any other usage metric referred to in the Quotation). StriveCloud will monitor the Licensee’s usage on a monthly basis and both Parties acknowledge and agree that the findings of StriveCloud in this respect are conclusive and have probative value. In the event the Licensee’s usage exceeds the maximum usage included in the Quotation, StriveCloud will take note of the difference of that month and send an invoice containing the price of that difference, using the applicable prices for usage set forth in the Quotation. In deviation from article 5.3, invoices for usage excess will be payable within fifteen (15) calendar days after the date of invoice.
5.5 All amounts not paid by the Licensee Software Reseller on the relevant due date shall bear an interest for late payment in accordance with the law of 8 August 2002 on combating late payments in commercial transactions, without prior notice of default. All costs arising from collecting any outstanding claims, including but not limited to legal fees or administrative costs, and with as minimum a fixed amount equal to the highest higher of fifteen percent (15%) of the unpaid amount or two hundred and fify fifty euros (EUR 250.00250), are for the account of the Licensee Software Reseller and may be recovered by StriveCloud. In addition, in case of non-payment of the license fees for the use of the StriveCloud Software, StriveCloud has the right to suspend access to the StriveCloud Software until all invoices in relation to such license fees are correctly paid.
5.6 In case of future versions, enhancements, modifications or updates to the StriveCloud Software, StriveCloud reserves the right to only make these new versions, enhancements, modifications or updates available to the Licensee upon additional payment or increased prices, as the case may be.
Appears in 2 contracts
Sources: Reseller Agreement, Reseller Agreement