Customers will sometimes ask for a billing agent to handle the contractual and billing relationship with Gem. The following language can be added to the Order Form contract notes section to accommodate that request:
Billing Agent: By signing this Order Form, Customer is requesting that Service Provider invoice the company listed in the “Bill To” portion of this Order Form (the “Billing Agent”). Customer shall be responsible for ensuring that Billing Agent remits payment to Service Provider. Notwithstanding the company listed in the “Bill To” portion of this Order Form, or any invoice Service Provider sends to Billing Agent, as between Customer and Billing Agent, all rights and obligations under the Agreement apply to Customer only. Billing Agent is not a third party beneficiary of the Agreement, and any dispute regarding non-payment between Billing Agent and Customer shall exclusively be the responsibility of Customer and Billing Agent. For the avoidance of doubt, in the event the fees due hereunder (now or in the future) are not paid or remitted to Service Provider, Service Provider shall be entitled to exercise all its rights and remedies under the Agreement against Customer.