3. BILLING AND FEES. Unless otherwise specified, services are provided and invoices are issued on a monthly basis for actual usage of service and all subscription fees are due in advance of the start of service. In the case of a partial month’s service, the initial invoice shall include any prorated charges for the current month and the first full month of service. Any set-up, installation, or equipment charges shall be paid in advance at the time of, or delivery of, equipment or service. In the event of any dispute regarding a billing invoice, Customer shall notify Carolina Digital in writing within twenty-one (21) calendar days of the invoice date. Thereafter, said invoice shall be deemed to be correct and binding. Payment is due on the date set forth in the invoice as the due date, and if no such date is identified, then no later than 15 days from the date of the invoice. Any amount not paid within twenty-five (25) days after the invoice date shall bear interest commencing on the invoice date and continuing through the date payment is received, at a rate equal to the lesser of 1.5% per month or the highest rate permitted by law. In addition, invoices not paid by the twenty-fifth (25th) day from the invoice date will not be eligible for any quoted volume or term discounts. Customer is responsible for paying the entire amount billed on the invoice, including any reasonable disputed charges, whether or not documented in writing, to Carolina Digital. Any dispute resolved in Customer’s favor shall be credited on Customer’s next invoice. Customer shall not seek legal or equitable remedies, including, but not limited to, injunctive relief, which would require Carolina Digital to continue providing service to Customer. Customers with Toll-Free numbers may be charged a $25 fee per change on each Toll-Free number. Customer will be charged a fee of 5% of the Monthly Recurring Charges (MRC) plus $10.00 per telephone number associated with the account for reactivation of any service which was canceled due to non-payment. Accounts that are sixty (60) days past due will be deactivated and sent to collections and consequently, the Customer shall forfeit all telephone numbers associated with the account.
Customer shall be responsible for payment of any applicable local, state, or federal taxes, fees, and government-imposed charges or surcharges as set forth in the Services Agreement. Customers with flat or set price contracts shall not normally be responsible for paying such taxes, fees and charges in place at the time the contract was executed unless such payments are set forth in the Services Agreement. Customers with other contracts shall normally be responsible for payment of any applicable local, state, or federal taxes, fees, and government-imposed charges or surcharges unless otherwise set forth in the Services Agreement. Carolina Digital may bill any customer for any new or increased taxes, fees, and government-imposed charges or surcharges which take effect after the contract is executed even if the Services Agreement otherwise calls for a flat or set price.
Customer may be subject to various State and Local Sales Taxes on the hardware or other equipment purchased at your service location including such Taxes and government fees that Carolina Digital is required by law to collect from customers on behalf of local and the state government.