AgdaPkt 2018-12-03 Joint SA PFA - Laserfiche WebLink

Browse Search

6.G. - Page 8 of 40 2.1 Commencement of Bllling. Provider shall deliver written notice (a "Connection Notice") stating when Services were installed either as part of Customers first invoice for particular Services or in a separate notification. If Customer notifies Provider earlier than three days after delivery of the Connection Notice that Services are not Functioning properly, Provider shall correct any deficiencies and, on Customer's request, credit Customer's account in the amount of 1/30 of the applicable MRC for each day the Services did not function properly. 2.2 Payment of Invoices And Dis u es, The fees payable to Provider by Customer and the invoice dates and due dates of such fees are set forth in the applicable Orders (the "Fees"). Fixed charges are billed In advance and usage -based charges are billed in arrears. If Invoice and due dates are not set forth in the applicable Orders, invoices will be sent to Customer within 30 days of the implementation of the applicable Services for fixed charges and within 30 days of the conclusion of the month for which recurring or usage -based charges are assessed, and all Fees are due within 30 days after the involce date. Billing for partial months is prorated. Past due amounts bear interest at 1,5% per month or the highest rate allowed by law (whichever is less). Acceptance of any such interest charges paid by Customer will not constitute a waiver by Provider of any Customer Default (as defined below) with respect to any such overdue amount. Customer is responsible for all charges respecting the Services, even if Incurred as the result of unauthorized use. Provider's failure to submit an invoice will not relieve Customer of its obligation to pay all amounts owed when due, unless otherwise agreed upon in writing by both parties. (a) If Customer in good faith disputes any charges invoiced by Provider, Customer shall promptly pay all undisputed charges and may notify Provider in writing of any such disputed amounts within 60 days after the invoice date, identifying in reasonable detail its reasons for the dispute and the nature and amount of the dispute. All amounts not timely and appropriately disputed within 60 days after the invoice date will be deemed final and not subject to further dispute. If Customer was billed in error, a credit for the amount billed incorrectly will be made to the next invoice, If the amountwas billed correctly, Customer shall pay the amount within 15 days of confirmation. (b) If Provider receives Customer's payments more than 30 days after the Invoice dates For two consecutive months, Customer shall, within five days after Provider's request, deposit with Provider an amount equal to two month's monthly recurring charges. On expiration or termination of the Agreement and Customer's compliance with its financial obligations hereunder, Provider shall return to Customer all amounts on deposit, if any. (c) The first billing cycle may include a partial month's recurring fee and a full month's recurring fee if Provider provides Services for a partial month. Fees are payable for the duration of the Service Term, (d) Provider may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge -backs. (e) Customer will be responsible for all expenses, including reasonable attorney's fees and collection costs, Provider incurs in collecting any unpaid amounts due under the Agreement. 2.3 Taxes and Fees. Except for Provider's federal and state Income tax and Provider's personal property tax, Customer is responsible for the determination, calculation, collection and payment of all taxes and other fees (including FCC fees such as universal service fees, TRS, etc.) that may be imposed on Provider or Customer, all taxes and fees arising in any jurisdiction imposed on or incident to the provision, sale or use of Services, including but not limited to value added, consumption, sales, use, gross receipts, Foreign withholding (which will be grossed up), excise, access, bypass, ad valorem, franchise or other taxes, fees, duties or surcharges (including regulatory and 911 surcharges), whether imposed on Provider or a Provider affiliate, along with similar charges stated in an Order (collectively "Taxes and Fees"). Some Taxes and Fees are recovered through imposition of a percentage surcharge on the charges for Services. Fees are exclusive of Taxes and Fees. Customer may present Provider with an exemption certificate eliminating Provider's liability to pay certain Taxes and Fees; Provider will give effect thereto prospectively. 2.4 Reieulatory and I.eeal Changes. if Provider notifies Customer that changes in applicable law, regulation, rule or order materially affect delivery of Services, then the parties shall negotiate in good faith appropriate changes to any 2 ATTY/AGR/2013.176/ASTOUND BROADBAND— MSA REV. 10-07.13 MLG 2013 ASTOUND BROADBAND Proprietary and Confidential 132