The parties agree the fees for any Services in the relevant proposal.
Payment of all amounts due and owing to BEE123 under this agreement will, unless otherwise indicated in a proposal, be made:
• timeously and in full, without any deduction, set off or demand and free of exchange and bank charges in the currency specified in the proposal;
• upon presentation of BEE123's invoice; and
• annually in advance for the BEE123 SaaS and Consulting Services before the commencement of the subscription period and before each anniversary thereafter during its term.
BEE123 will not provide Client with Services or access to the BEE123 Portal until Client has paid the fees.
Client acknowledges that BEE123's fee structure is designed to offer Client the best possible value. BEE123 invests significantly in setting up Client's Services at the start of Client's subscription. BEE123 distributes these costs over Client's subscription period to make Client's fees more affordable. This enables BEE123 to maintain fair and consistent pricing for all its clients. As a result, fees paid in advance for any subscription period (or part) are not refundable, save in the event that Client terminates this agreement as a result of BEE123's proven material breach or unless otherwise indicated in a proposal.
Client must make payment in the manner specified in the relevant proposal.
It is Client's responsibility to ensure that payments to BEE123 are paid into BEE123's bank account. BEE123 will never notify Client of any changes to BEE123's bank details via email, telephone, or a purported bank stamped document and Client must consider any such request to be fraudulent and report it to Client's regular contact at BEE123. Client should not rely on bank details it receives on BEE123's invoices as it is possible for these to be intercepted and falsified. In the rare event that BEE123 does wish to change its bank details, it will only do so on 30 days prior written notice to Client through a secure method signed by an authorised representative of BEE123's executive. Client must ensure that its finance function responsible for payments is aware of the information contained in this clause.
Client must follow any steps BEE123 provides for Client to verify BEE123's bank details before payment is made.
Any additional surcharges and penalties specified will apply to any payment received after the due date to cover collection fees and additional administration costs. Client must pay the surcharges and penalties to BEE123 on-demand. Without prejudice to any other right or remedy BEE123 may have, BEE123 may, in accordance with clause 17.1suspension, suspend Client's access to and use of the BEE123 Portal and Services as BEE123, in its reasonable discretion, may decide until Client has paid all amounts in arrears.
To the extent permitted by applicable law, BEE123 may charge Client interest for overdue amounts within BEE123's reasonable discretion. If Client does not pay the overdue amounts within 14 days of receiving written notice from BEE123 to do so, any amount not paid by Client on the date of the statement of outstanding invoices will bear interest for BEE123's benefit, from the due date until the date Client pays it, both days inclusive, compounded monthly in arrears. The rate of interest will be at a rate of two percent per annum above the prime overdraft rate of BEE123's bankers published from time to time. A letter signed by a general, branch or other bank manager setting out their rate will be proof of the rate. Interest will be payable on a claim for damages from when the damages were suffered.
BEE123 may use any money Client pays BEE123 to settle Client's indebtedness under the agreement.
Client may not withhold or set off payment of any amount due to BEE123 for any reason.
A certificate, signed by an accountant appointed by BEE123, of the amount due by Client and the date on which it is payable will be proof of the correctness of the certificate's contents and the amount that Client must pay pending Client providing evidence that such an amount is not due.
All fees exclude any tax (unless indicated otherwise). Client will be liable to pay applicable taxes in addition to the fees.
The fees will be escalated automatically by the escalation rate on each anniversary of the then-current subscription period.
Fees for new or additional services are subject to change upon 30 days' written notice from BEE123. BEE123 may provide such notice at any time by email or, where applicable, posting the changes to the BEE123 Portal.
Client (and any signatory) consents and agrees that BEE123 may provide any registered credit bureau with information about the payment of amounts.
If BEE123 suspends the service due to Client's non-payment, Client will pay BEE123 the reasonable costs BEE123 incurred (including redeployment, travel and associated expenses) in remobilising BEE123's personnel affected by the agreement and recommencing the Services.