Service Fee and Payment Clause Samples
The 'Service Fee and Payment' clause defines the terms under which payments for services are calculated, invoiced, and collected. It typically outlines the amount or method for determining the service fee, the schedule for invoicing, and the timeframe and method for payment. For example, it may specify that payments are due within 30 days of receiving an invoice or that late payments incur interest. This clause ensures both parties have a clear understanding of financial obligations, reducing the risk of disputes over payment and helping to maintain a smooth business relationship.
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Service Fee and Payment. 2.1 Party B shall pay an annual service fee to Party A in the equivalent amount of Party B’s audited total amount of net income of such year (the “Service Fee”). If Party B’s annual net income is zero or negative, Party B is not required to pay the annual Service Fee and Party A has the obligation to reimburse Party B for such loss.
2.2 Party A agrees that, during the term of this Agreement, Party A shall enjoy all economic benefits of, and bear all risks or losses arising from, the business operation of Party B; to ensure that Party B could meet its daily operating cash flow requirements and/or for the purpose of offsetting any operating loss incurred, regardless of Party B’s actual occurrence of such operating losses, Party A may in its full discretion to provide financial support to Party B (to the extent permitted under PRC laws and regulations), and Party A may provide financial support to Part B in the form of loans, and they shall enter into independent loan agreements in relation to such loans; in the event that Party B incurs any operating loss or experiences significant operation difficulties, Party A is entitled to request Party B to cease its operations at any time, and Party B shall unconditionally accept the request of Party A.
2.3 In the event that Party B fails to pay the Service Fee and other expenses in accordance with this Agreement, Party A is entitled to an additional damage in an amount representing 0.05% of late payment per month to Party A if Party B does not make the payment within 30 days after the official notice for payment by Party A.
2.4 If at its own expense, Party A is entitled to appoint its employees or other certified accountants or auditors in PRC or other countries (the “Authorized Representative of Party A”) to examine Party B’s accounts to review the calculation method and the amount of the Service Fee. For this purpose, Party B shall provide the Authorized Representative of Party A with all requested documents, accounts, records, data, and etc., so that the Authorized Representative of Party A can audit Party B’s accounts and determine the amount of the Service Fee, and Party B consent to the disclosure of such information and materials by Party A’s shareholders to the satisfaction of the requirements of securities regulations. Except for material mistakes, the amount of the Service Fee shall be the amount as determined by the Authorized Representative of Party A.
2.5 Party A and Party B hereby confirm that, the afor...
Service Fee and Payment. 2.1 Party A can refer to the specific service content and service targets, and use Party B’s income and customer volume in a specific period as a reference to determine the service price and appropriate payment method by itself. The calculation and payment of the service fee is stipulated in Appendix II of the Agreement.
2.2 If Party A determines the fee calculation mechanism specified herein should no longer apply due to whatever reason, Party A shall actively and faithfully render an adjustment scheme to determine a new fee standard or mechanism. If Service Accepting Party does not response within the 7-day period as mentioned above, it shall be deemed as having accepted the adjustments proposed by Party A.
Service Fee and Payment. 3.1 The WFOE shall have the right to determine, at its reasonable discretion, the service fee and proper payment manners for Service Receiving Parties. The calculation and payment manners of the service fee are stipulated in Schedule 2 of the Agreement.
3.2 If the WFOE, in its reasonable discretion, determines that the fee calculation mechanism specified shall no longer apply for any reasons at any time or from time to time during the term of this Agreement, the WFOE shall have the rights to adjust the fee by giving a 10-day written notice to Service Receiving Parties.
Service Fee and Payment. 2.1 Party A shall have the right to determine, at its sole discretion, the service fee and proper payment manners for Party B. The calculation and payment manners of the service fee are stipulated in Schedule 2 of this Agreement.
2.2 If Party A, at its sole discretion, determines that the fee calculation mechanism specified herein shall no longer apply for any reasons at any time or from time to time during the term of this Agreement, Party A shall have the rights to adjust the fee by giving a 10-day written notice to Party B in advance.
Service Fee and Payment. 5.1 Subject to TLEC performing the Services to the reasonable satisfaction of Uptrend, Uptrend shall pay TLEC the Service Fee in accordance with the terms of this Contract.
5.2 Unless otherwise agreed by the Parties in writing, the Service Fee is denominated in HK$ and is inclusive of all fees, costs, charges, expenses and disbursements incurred by TLEC in its performance of the Services and is also inclusive of any and all taxes, levies, duties or other charges or withholdings of a similar nature in any jurisdiction arising from the fees or other sums paid to Uptrend in relation to the Services.
5.3 TLEC shall invoice Uptrend for payment of the Service Fee according to the Payment Schedule. Payment will be made within 90 days upon receipt of the invoice by Uptrend or otherwise stated.
Service Fee and Payment. The Parties agree that the service fee for Party A’s provision of technical support specified under Appendix 1 hereto to Party B (the “Service Fee”) shall be calculated and paid as per the methods set out in Appendix 2.
Service Fee and Payment. 3.1 The WFOE shall have the right to determine, at its reasonable discretion, the service fee and proper payment manners for the Service Receiving Party. The calculation and payment manners of the service fee are stipulated in Schedule 1 of this Agreement.
3.2 If the WFOE, in its reasonable discretion, determines that the fee calculation mechanism specified shall no longer apply for any reasons at any time or from time to time during the term of this Agreement, the WFOE shall have the right to adjust the fee by giving a 10-day written notice to the Service Receiving Party.
3.3 The Service Receiving Party shall procure its shareholders to pledge all of the shares of the Service Receiving Party held by such shareholders in favor of the WFOE to secure the service fee payable by the Service Receiving Party under this Agreement.
Service Fee and Payment. 2.1 By considering the contents of specific services provided and the target of service, Party A may determine, in its discretion, a fair service fee and proper payment arrangement according to the income and student number of Party B and Subsidiaries of Party B in a fixed period. The calculation and payment arrangement of the service fee is provided in Appendix II of the Agreement.
2.2 If Party A determines the fee calculation mechanism specified herein should no longer apply due to whatever reason and need to be adjusted, Party A shall actively and faithfully propose an adjustment scheme to determine a new fee standard or mechanism. If Service Accepting Party does not respond within seven (7) days after receiving the adjustment scheme as mentioned above, it shall be deemed as having accepted the adjustments proposed by Party A.
Service Fee and Payment. 2.1 The Service Provider will charge the Service Recipient, and the Service Recipient will pay the Service Provider, an arm's length service fee for the Services provided, which shall be equal to the amount determined in accordance with Exhibit B.
2.2 The costs incurred by the Service Provider in providing the Services under this Agreement will be calculated using a generally accepted cost accounting system and will be based on actual direct and indirect costs incurred by the Service Provider's or any of its affiliates' personnel or costs incurred by third parties contracted by the Service Provider.
2.3 All payments made by any Service Recipient under this Agreement will be in U.S. dollars net of any deduction or withholding for any and all Taxes (defined below) imposed on any party by the local taxing authority.
2.4 The Service Provider will invoice the Service Recipient for Services provided monthly. Each such invoice shall be payable upon receipt by the applicable Service Recipient. Interest will be charged on past due unpaid balances in the amount of the maximum interest rate per month legally permitted under the jurisdiction of the applicable Service Recipient. Payment will be made in the United States of America in accordance with the terms of the applicable invoice.
2.5 The parties have established this Agreement with the intent to satisfy the arm's length standard under local law. The parties intend to maintain contemporaneous documentation to support the determination of the service fee under this Agreement. In the event that the local taxing authority of any party makes an adjustment to any intercompany transaction and the local party has used its best efforts to resolve the matter, the parties hereby mutually agree that each is contractually bound to reimburse the other an amount equal to any final transfer pricing adjustment determined by said local taxing authority regarding the intercompany transactions at issue. This adjustment includes interest, penalty and any other additions to tax. Any reimbursement under this provision is to be made regardless of any local tax authority or tax treaty procedural matters relating to this Agreement.
Service Fee and Payment. The fee for the Services is the dollar amount stated on the face of this Order (the “Service Fee”). If no dollar amount is included in this Order, the Service Fee shall be Provider’s standard fee then being charged for similar services to similar customers. Unless otherwise specified in this Order or expressly approved in writing in advance by Company, the Service Fee shall include and cover all costs and expenses incurred by Provider to perform the Services (including, without limitation, the cost of equipment, supplies, materials, personnel, general overhead, travel and related expenses), as well as all applicable taxes (including, without limitation, all sales, use, service or excise taxes) and Company shall not be responsible for reimbursing Provider for any such costs, expenses or taxes. No increase in the Service Fee is effective, whether due to increased costs incurred by Provider in performing the Services or otherwise, without the prior written consent of Company. Provider shall invoice Company for this Order within thirty (30) days of completion of the Services or as otherwise stated in this Order. Unless otherwise stated in this Order or unless otherwise provided in a Separate Agreement, Company shall pay all properly invoiced amounts due to Provider within forty-five (45) days after receipt of such invoice, except for any amounts disputed by Company. The parties shall seek to resolve all such disputes expeditiously and in good faith. Provider shall continue performing its obligations under this Order notwithstanding any such dispute. Without prejudice to any other right or remedy, Company reserves the right to set off any amount owing to it by Provider against any amount payable by Company to Provider. Payment of an invoice is not evidence or admission that the Services meet the requirements of the Order.