Adjustments or Refunds Clause Samples
The "Adjustments or Refunds" clause establishes the terms under which payments may be modified or returned in response to specific circumstances, such as errors, overpayments, or unsatisfactory goods or services. Typically, this clause outlines the process for requesting an adjustment or refund, including any required documentation, timeframes for making claims, and the method by which funds will be returned or credited. Its core practical function is to provide a clear mechanism for resolving payment discrepancies, thereby protecting both parties from financial loss and ensuring fairness in the transaction.
Adjustments or Refunds. Any adjustment or refund shall be an amount equal to the pro-rata part of the monthly charges applicable to the interrupted Service and associated Equipment charges for the period of time during which the Service is interrupted. The adjustment or refund will be accomplished by a credit on a subsequent ▇▇▇▇ for the Service. Except as otherwise expressly provided in this Agreement, the liability of the Service Parties, their officers, shareholders, directors, employees, affiliates, vendors, sub-contractors, carrier partners, content providers, agents and other persons or entities involved in providing the Services or Equipment for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges for a respective Service and associated Equipment fees with regard thereto for a regular billing period ("Maximum Credit"). No credit allowance will be made for:
i. interruptions of Service due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by Customer to use a Service;
ii. interruptions of a Service due to the negligence of any person other than Heritage Cable including, but not limited to, the other common carriers connected to the Heritage Cable's facilities;
iii. interruptions of a Service due to the failure or malfunction of Customer owned equipment or third party equipment;
iv. interruptions of a Service during any period in which Heritage Cable is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions,
v. interruptions of a Service during a period in which Customer continues to use the Service on an impaired basis;
vi. interruptions during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements;
vii. interruptions of a Service due to circumstances or causes beyond the control of Heritage Cable.
Adjustments or Refunds. Any adjustment or refund, given in each case in Optimum’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law. No credit allowance will be made for interruptions of Service that are: (a) due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service; (b) due to the negligence of any person other than Optimum including, but not limited to, the other common carriers connected to the Optimum's facilities; (c) due to the failure or malfunction of Customer owned equipment or third party equipment; (d) during any period in which Optimum is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions; (e) during a period in which Customer continues to use the Service on an impaired basis; (f) less than thirty (30) minutes’ duration; (g) during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements; or
Adjustments or Refunds. Any adjustment or refund, given in each case in Suddenlink’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law. No credit allowance will be made for interruptions of Service that are: (a) due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service; (b) due to the negligence of any person other than Suddenlink including, but not limited to, the other common carriers connected to the Suddenlink's facilities; (c) due to the failure or malfunction of Customer owned equipment or third party equipment;