Common use of Remuneration and Payment Clause in Contracts

Remuneration and Payment. 1. The Customer shall apply for registration stating his relevant data. The registration is subject to a reg- istration fee according to the then effective price list. 2. The charge rates for services delivered under this Agreement are listed in the price list which is effec- tive at the moment of delivery and will be invoiced on a monthly basis. An annual fee becomes due in the first month. Individual service orders shall be invoiced upon completion of the services on a month- ly basis. In case of Standard Framework Agreements Customer agrees to order a certain volume dur- ing a defined period of time. Invoicing shall be on a monthly basis for the preceding month and is based upon the remuneration agreed upon in the Framework Agreement, in accordance with the then current price list. The remuneration fixed in the Standard Framework Agreement is based on the as- sumption that Customer will use the entire volume to which ▇▇▇▇▇▇▇▇ has committed himself to. In the event that Customer falls short of using the agreed volume by more than 10 %, PROSTEP has the right to claim an additional charge in the amount of the balance between the remuneration set forth in the Framework Agreement and the remuneration due according to the effective price list for the actual- ly used services. 3. To the extent that the parties agree on volume-based invoicing, invoices will be issued based on file type (single file, assembly or drawing sheet) and file size (in MByte) subject to the following conditions. The volume will be counted in the uncompressed format of the originating CAD system for each model / file; any portion of a MByte will count as a full MByte. The PROSTEP system environment will be used for counting purposes. Customer will be invoiced for the volume of actually converted data (in Mbyte) for each translation job whereas the amount of MByte counted may differ from the amount of MByte provided by Customer (e.g. in case of multiple usage of repetitive parts in assemblies). PRO- STEP will invoice Customer for services that are not volume-based (e.g., customer specific adapta- tion) on a time and materials basis, according to the then effective price list or specific provisions in the Framework Agreement. 4. Customer will be invoiced on a monthly basis. Invoices shall be due for payment within fourteen (14) days after their receipt with no deduction. The compensation is subject to the statutory value added tax valid at that time. If Customer is in default with its payments, and customer does not remit payment within the time limit set in a first reminder, PROSTEP may stop the further accomplishment of the con- tractual services and may block the account. If the Customer remits payment within three months after blocking, the account may be reopened against a reactivation fee listed in the price list effective at that time. Once the account is reactivated existing partner connections remain in use. If the customer does not remit payment within three months after blocking a reactivation is no longer possible and the account as well as all related partner connections will be permanently deleted. Customer shall not offset claims, unless its counter-claims are undisputed or have become res judica- ta. Customer shall assign claims against PROSTEP only with the prior agreement of PROSTEP.