Client is liable for Logicworks’ costs of collection, including reasonable attorney’s fees and expenses.
Logicworks may apply all payments to the most recent invoice and charge interest on overdue fees at the lesser of 1.5% per month or the maximum rate permitted by law. While any fees are past due, the guarantees in the SLA will not apply, Client will not be eligible to receive Service Credits, and Logicworks may suspend the Services as provided below in Section 17. All fees not objected to in writing within thirty days after their invoice date will be deemed to be accurate.
dollars within thirty days from the invoice date without setoff, deduction or delay either by wire transfer or by check drawn on a U.S. Invoices may be delivered electronically or by any means acceptable under the notice provision in Section 30 below. Other fees may be invoiced separately or included on Logicworks’ monthly invoices. Fixed Recurring Fees are generally invoiced in advance while usage-based Recurring Fees are invoiced in arrears. Logicworks will invoice Recurring Fees at or around the beginning of each month. Client shall pay Logicworks for all Services associated with its account, including all fees resulting from unauthorized use, except where the unauthorized use results from Logicworks’ breach of this Agreement. Recurring Fees and related charges for each component of the Configuration start to accrue on the component’s Commencement Date, except if Logicworks requests information necessary to deploy the Configuration and Client fails to provide it within five Business Days, Recurring Fees and related charges will begin to accrue at the end of the fifth Business Day. Setup fees are due and payable when Client signs the Agreement. Client shall pay all fees due to Logicworks under this Agreement, including any setup fees, monthly recurring fees ( “Recurring Fees”), hourly fees, deposits, usage-based fees, one-time fees and any Early Termination Fee.
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Client shall: (A) comply with all Client Laws (B) cooperate with Logicworks’ reasonable investigation of Downtime, Service issues, security issues and any suspected breach of this Agreement (C) comply with all license terms or terms of use for any software, data, service or Website used or accessed with the Services (D) give Logicworks true, accurate, current and complete information when establishing the Services and promptly inform Logicworks of any changes to that information that could affect the Services (E) be responsible for the use of the Services by Client, its customers and end users, and any person who gains access to the Services as a result of Client’s failure to use reasonable security precautions and (F) comply with all of the terms and conditions applicable to Client in this Agreement.Ĥ.
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The Hosting Services do not include, and Logicworks is not responsible for, any Virtual Server that is not identified by name on a Service Order, even if Client is billed for the Virtual Server by Logicworks, obtains a software license for that Virtual Server from Logicworks or the Virtual Server is running on Logicworks’ infrastructure.ģ.
Starting on the Commencement Date and continuing for the remainder of the Term, Logicworks shall provide the Hosting Services to Client in accordance with all Logicworks Laws and the terms and conditions of this Agreement, including the Hosting Agreement Summary, Service Order(s), Responsibility Matrix, Technical Policies and applicable Service Terms. This Agreement is effective as of the date on which it is countersigned by Logicworks or on the Billing Commencement Date, whichever occurs first (the “Effective Date”).Ģ. This Agreement consists of the following documents: (A) the Hosting Agreement Summary (B) these General Service Terms and Conditions (C) the specific terms that apply to the Services and Third-Party Products listed on a Service Order (the “Service Terms”) (D) the Service Order(s) (E) the Acceptable Use Policy (F) the Responsibility Matrix (G) the Technical Policies and (H) any schedules, addendum exhibits and other documents incorporated therein by reference.
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