Common use of Service Fees and Payment Terms Clause in Contracts

Service Fees and Payment Terms. 6.1. We will invoice you for fees as provided for in this Agreement. Payments to be in accordance with this Agreement will be consideration of only the Services provided for in this Agreement. All other services not provided for in this Agreement, including but not limited to, (I) emergency or runner services performed at your request, (ii) services performed other than during our normal working hours, (iii) services performed on equipment not covered by this Agreement, will be invoiced to you at our then prevailing time and material rates. Our fees under this Agreement are based upon your agreement to receive and pay for the Services for at least the full initial term set forth in this Agreement. The fees set forth in this Agreement are based upon the number of devices and services to be performed as set out in the Agreement. If the actual number of devices installed or services to be performed is greater than that set forth in this Agreement, the fees will be increased accordingly. 6.2. We will invoice you in accordance with the terms of the Agreement and if not expressly provided, then on an annual basis prior to the effective start date and on an annual anniversary of the effective start date. Invoices are due and payable upon receipt unless we have approved other payments terms set out in this Agreement. If any payment is not received when due, we may deem you to be in breach of this Agreement and may enforce any remedies available to us hereunder or by law, including without limitation, acceleration of payments, suspension or termination of Services at any time without notice, and we shall be entitled to compensation for Services previously performed and costs reasonably incurred in connection with the suspensions or termination. If payments are not paid when owed you agree to pay, upon demand, as a late charge, one and one-half percent (1.5%) of the amount of payment per month, limited by the maximum rate permitted by law of each overdue amount under this Agreement. You shall reimburse us our costs and expenses (including reasonable attorneys and other fees) incurred for collection under this Agreement. If you dispute any portion or all of an invoice, you shall notify us in writing of the amount in dispute and the reason for the dispute within 10 days of receipt of the invoice. The undisputed portion shall be paid to us when due, and the interest on any unpaid portion shall accrue from due date, to the extent that amounts are determined to be payable to us. In the event you terminate this Agreement or an individual Premise prior to the end of the then current term, you agree to pay to us, in addition to all other fees or charges due prior to termination, the fees remaining to be paid for the unexpired portion of the term of this Agreement or of any individual Premises. You acknowledge and agree that this amount is an agreed upon early termination charge in the nature of liquidated damages, and it not a penalty. 6.3. Except to the extent set out in this Agreement, our fees do not include any sales or other taxes, fees, duties or other government charges related to the Services. You agree to pay such applicable amounts or reimburse us for any amounts we have paid. 6.4. Unless otherwise set out in this Agreement, the fees for each year after the Initial Term of the Agreement may be increased by us (but not more than once in any twelve-month (12) month period) by giving you thirty days prior written notice of such increase. In addition, at each renewal, fees shall be adjusted for any additions or deletions to the Services selected for the renewal term.

Appears in 1 contract

Sources: System Services Test, Inspection, Maintenance and Monitoring Servicing Agreement

Service Fees and Payment Terms. 6.15.1. As Installation Services are performed, conditions may change or circumstances outside of our reasonable control (such as changes to law of codes) may develop which require us to expend additional costs, effort or time to complete the Installation. If such 4.2. We will invoice you for fees Equipment and Installation Services as provided for in this Agreement. Payments to be in accordance with this Agreement will be consideration of only the Equipment and Installation Services provided for in this Agreement. All other services not provided for in this Agreementservices, including but not limited to, (Ii) emergency or runner services performed at your request, (ii) services performed other than during our normal working hours, (iii) services performed on equipment not covered by this Agreement, will be invoiced billed to you at our then than prevailing time and material rates. Our fees under this Agreement are based upon your agreement to receive and pay for the Services for at least the full initial term set forth in this Agreement. The fees set forth in this Agreement are based upon the number of devices and services to be performed as set out in the Agreement. If the actual number of devices installed or services to be performed is greater than that set forth in this Agreement, the fees will be increased accordingly. 6.2. We will invoice you in accordance with the terms of the Agreement and if not expressly provided, then on an annual basis prior to the effective start date and on an annual anniversary of the effective start date. Invoices are due and payable upon receipt unless we have approved other payments terms set out in this Agreement. If any payment is not received when due, we may deem you to be in breach of this Agreement and may enforce any remedies available to us is hereunder or by law, including without limitation, acceleration of payments, suspension or termination of the Installation Services at any time without notice, and we shall be entitled to compensation for Services the Installation previously performed and costs reasonably incurred in connection with the suspensions or terminationsuspension or 5.2. If payments are not paid when owed should arise we shall notify you and request you agree to pay, upon demand, as a late charge, one and one-half percent (1.5%) of the amount of payment per month, limited by the maximum rate permitted by law of each overdue amount under this Agreement. You shall reimburse us make an equitable adjustment to our costs and expenses (including reasonable attorneys and other fees) incurred for collection under this Agreement. If you dispute any portion do not agree to such equitable adjustment for circumstances required, Installation Services maybe be suspended or all of an invoice, you terminated. We shall notify us in writing be compensated for the Equipment and Installation Services performed and for reasonable costs incurred with the suspension or termination of the amount Installation. We shall not be responsible for any loss, delay, injury damage or failure of performance that may be caused by circumstances beyond our reasonable control, including but not limited to acts of omissions by you, or your employees agents or contractors, Act of God, war, civil disobedience, acts or omissions of government, fire, theft, corrosion, flood, water damage, lightning, labor strike or disagreement, riots, explosions, delays in dispute and the reason for the dispute within 10 days transportation or shortage of receipt of the invoice. The undisputed portion shall be paid to us when due, and the interest on any unpaid portion shall accrue from due date, to the extent that amounts are determined to be payable to usfuel or materials. In the event you terminate this Agreement or an individual Premise prior of any such circumstances, we shall be excused from the performance of Installation Services and the time for performance shall be extended by a period equal to the end of the then current term, you agree to pay to us, in addition to all other fees or charges due prior to termination, the fees remaining to be paid for the unexpired portion of the term of this Agreement or of any individual Premises. You acknowledge and agree that this amount is an agreed upon early termination charge in the nature of liquidated damages, and it not time lost plus a penaltyreasonably recovery period. 6.3. Except to the extent set out in this Agreement, our fees do not include any sales or other taxes, fees, duties or other government charges related to the Services. You agree to pay such applicable amounts or reimburse us for any amounts we have paid. 6.4. Unless otherwise set out in this Agreement, the fees for each year after the Initial Term of the Agreement may be increased by us (but not more than once in any twelve-month (12) month period) by giving you thirty days prior written notice of such increase. In addition, at each renewal, fees shall be adjusted for any additions or deletions to the Services selected for the renewal term.

Appears in 1 contract

Sources: System Installation Agreement

Service Fees and Payment Terms. 6.1. We will invoice you for fees as provided for in this Agreement. Payments to be in accordance with this Agreement will be consideration of only the Services provided for in this Agreement. All other services not provided for in this Agreement, including but not limited to, (I) emergency or runner services performed at your request, (ii) services performed other than during our normal working hours, (iii) services performed on equipment not covered by this Agreement, will be invoiced to you at our then prevailing time and material rates. Our fees under this Agreement are based upon your agreement to receive and pay for the Services for at least the full initial term set forth in this Agreement. The fees set forth in this Agreement are is based upon the number of devices and services to be performed as set out in the Agreement. If the actual number of devices installed or services to be performed is greater than that set forth in this Agreement, the fees will be increased accordingly. 6.2. We will invoice you in accordance with the terms of the Agreement and if not expressly provided, then on an annual basis prior to the effective start date and on an annual anniversary of the effective start date. Invoices are due and payable upon receipt unless we have approved other payments terms set out in this Agreement. If any payment is not received when due, we may deem you to be in breach of this Agreement and may enforce any remedies available to us hereunder or by law, including without limitation, acceleration of payments, suspension or termination of Services at any time without notice, and we shall be entitled to compensation for Services previously performed and costs reasonably incurred in connection with the suspensions or termination. If payments are not paid when owed you agree to pay, upon demand, as a late charge, one and one-half percent (1.5%) of the amount of payment per month, limited by the maximum rate permitted by law of each overdue amount under this Agreement. You shall reimburse us our costs and expenses (including reasonable attorneys and other fees) incurred for collection under this Agreement. If you dispute any portion or all of an invoice, you shall notify us in writing of the amount in dispute and the reason for the dispute within 10 21 days of receipt of the invoice. The undisputed portion shall be paid to us when due, and the interest on any unpaid portion shall accrue from due date, to the extent that amounts are determined to be payable to us. In the event you terminate this Agreement or an individual Premise prior to the end of the then current term, you agree to pay to us, in addition to all other fees or charges due prior to termination, the fees remaining to be paid for the unexpired portion of the term of this Agreement or of any individual Premises. You acknowledge and agree that this amount is an agreed upon early termination charge in the nature of liquidated damages, and it not a penalty. 6.3. Except to the extent set out in this Agreement, our fees do not include any sales or other taxes, fees, duties or other government charges related to the Services. You agree to pay such applicable amounts or reimburse us for any amounts we have paid. 6.4. Unless otherwise set out in this Agreement, the fees for each year after the Initial Term of the Agreement may be increased by us (but not more than once in any twelve-twelve- month (12) month period) by giving you thirty days prior written notice of such increase. In addition, at each renewal, fees shall be adjusted for any additions or deletions to the Services selected for the renewal term.

Appears in 1 contract

Sources: Master Terms and Conditions for Test, Inspection, Maintenance and Monitoring Services