Common use of Cancellation and Termination Clause in Contracts

Cancellation and Termination. 8.1 Either You or Dubber may elect to terminate Your Account and subscription to the Service as of the end of your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4, in addition to other amounts You may owe Dubber, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of these Terms by Xxxxxx, provided that You provide advance notice of such breach to Dubber and afford Dubber not less than thirty (30) days to reasonably cure such breach. 8.4 Dubber reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You or Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policy. Unless legally prohibited from doing so, Xxxxxx will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber shall not be liable to You, Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You or Users may be referred to law enforcement authorities at Our sole discretion.

Appears in 1 contract

Samples: Terms of Service

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Cancellation and Termination. 8.1 Either You or Dubber Party may elect to terminate Your Account and subscription to the a Service as of the end of your Your then current Subscription Term by providing notice, in accordance with these Termsthis Agreement, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the a Service is so terminated, Your subscription to the a Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any an Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If Except for Your termination under Section 8.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 8.4 and 8.5, in addition to other amounts You may owe DubberiVcardo, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the a Service or cancel Your Account as a result of a material breach of these Terms this Agreement by XxxxxxiVcardo, provided that You provide advance notice of such breach to Dubber iVcardo and afford Dubber iVcardo not less than thirty (30) days to reasonably cure such breachbreach as provided for in Section 8.5 herein. 8.4 Dubber reserves We reserve the right to modify, suspend or terminate the Service Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the ServiceServices, and remove, disable and discard any of Your Service Data if We believe that You You, Agents or End-Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policythis Agreement. Unless legally prohibited from doing so, Xxxxxx We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion. 8.5 A Party may terminate this Agreement for cause (a) upon thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by You in accordance with this section, We will, to the extent permitted by applicable law, refund You any prepaid fees covering the remainder of the Subscription Term after the effective date of termination. If this Agreement is terminated by Us in accordance with this section, You will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. 8.6 Upon request by You made within thirty (30) days after the effective date of termination or expiration of this Agreement, We will make Service Data available to You for export or download as provided in the Documentation. After such 30-day period, We will have no obligation to maintain or provide any Service Data, and, as provided in the Documentation, will have the right to delete or destroy all copies of Service Data in Our systems or otherwise in Our possession or control, unless prohibited by law.

Appears in 1 contract

Samples: Master Subscription Agreement

Cancellation and Termination. 8.1 Either You or Dubber a. Bingo/DADI may elect to terminate Your Account and subscription the Agreement immediately by giving notice to the Service as Customer if: i. the Customer is in breach of this Agreement, and such breach is either incapable of being remedied or has not been remedied within fourteen (14) days of Bingo/DADI giving the end Customer written notice of your then current Subscription Term by providing notice, that breach; ii. the Customer fails to make the required payments or the Customer is otherwise in arrears of its payment obligations in accordance with these Termsthis Agreement after Bingo/DADI has requested payment of such outstanding amounts within fourteen (14) days; iii. in Bingo/DADI’s opinion the Bin(s) is/are being used for a purpose contrary to law or this Agreement, on or prior and the Customer fails to remedy the date thirty purpose within seven (307) days preceding of Bingo/DADI giving the end Customer a written notice demanding that the Customer’s use of such Subscription Termthe Bin(s) be changed; or iv. Unless Your Account Bingo/DADI has received notice that the Bin(s) has/have been placed on a Site without the Customer having first obtained appropriate permission in accordance with clause 14(c) of this Agreement, and subscription the Customer has failed to obtain the Service necessary permission within seven (7) days of Bingo/DADI giving the Customer written notice of that breach. b. In the event of termination of the Agreement in accordance with clause 6(a), Bingo/DADI may retrieve its Equipment at any time from the Customer’s Site. c. The Customer may terminate this Agreement: i. immediately by giving written notice to Bingo/DADI if Bingo/DADI is so terminatedin breach of a fundamental term of this Agreement; or ii. if permitted by clauses 2(b), Your subscription 3(f) or 18(g) of this Agreement. d. If: i. the Customer attempts to terminate this Agreement other than in accordance with the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Termprovisions of clause 6(c) of this Agreement or otherwise repudiates this Agreement; or ii. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service Bingo/DADI terminates this Agreement for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments reasons contemplated by clause 6(a) of this Agreement, Bingo/DADI will be provided entitled to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the early termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4fees calculated, in addition to other any outstanding amounts You may owe Dubberon the account for: 1. The cost of picking up the bins, You must immediately pay any then unpaid Subscription Charges associated with the remainder especially on short notice 2. Cost of such Subscription Termclean, service and regular maintenance of bin(s) for safe use by another customer 3. This amount will not be payable by You Incremental administrative cost in the event You terminate Your subscription early closure of the account; and 4. Foregone earnings for discounts provided to the Service or cancel Your Account as a result of a material breach of these Terms Customer by Xxxxxx, provided that You provide advance notice of such breach to Dubber and afford Dubber not less than thirty (30) days to reasonably cure such breachBingo/DADI in entering into this Contract. 8.4 Dubber reserves e. The early termination fees in clause 6(d) are agreed by both parties to be a genuine pre- estimate of Bingo/DADI’s damages and are therefore not a penalty at law. f. On termination of this Agreement by either party, all Charges that are outstanding and have not yet been paid by the right Customer to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Users’ rights to access Bingo/DADI will become immediately due and use the Service, and remove, disable and discard any of Your Data if We believe that You or Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policy. Unless legally prohibited from doing so, Xxxxxx will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber shall not be liable to You, Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You or Users may be referred to law enforcement authorities at Our sole discretionpayable.

Appears in 1 contract

Samples: Terms and Conditions

Cancellation and Termination. 8.1 Either You or Dubber a. Bingo/DADI may elect to terminate Your Account and subscription the Agreement immediately by giving notice to the Service as Customer if: i. the Customer is in breach of this Agreement, and such breach is either incapable of being remedied or has not been remedied within fourteen (14) days of Bingo/DADI giving the end Customer written notice of your then current Subscription Term by providing notice, that breach; ii. the Customer fails to make the required payments or the Customer is otherwise in arrears of its payment obligations in accordance with these Termsthis Agreement after Bingo/DADI has requested payment of such outstanding amounts within fourteen (14) days; iii. in Bingo/DADI’s opinion the Bin(s) is/are being used for a purpose contrary to law or this Agreement, on or prior and the Customer fails to remedy the date thirty purpose within seven (307) days preceding of Bingo/DADI giving the end Customer a written notice demanding that the Customer’s use of such Subscription Termthe Bin(s) be changed; or iv. Unless Your Account Bingo/DADI has received notice that the Bin(s) has/have been placed on a Site without the Customer having first obtained appropriate permission in accordance with clause 14(c) of this Agreement, and subscription the Customer has failed to obtain the Service necessary permission within seven (7) days of Bingo/DADI giving the Customer written notice of that breach. b. In the event of termination of the Agreement in accordance with clause 6(a), Bingo/DADI may retrieve its Equipment at any time from the Customer’s Site. c. The Customer may terminate this Agreement: i. immediately by giving written notice to Bingo/DADI if Bingo/DADI is so terminatedin breach of a fundamental term of this Agreement; or ii. if permitted by clauses 2(b), Your subscription 3(f) or 18(g) of this Agreement. d. If: i. the Customer attempts to terminate this Agreement other than in accordance with the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Termprovisions of clause 6(c) of this Agreement or otherwise repudiates this Agreement; or ii. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service Bingo/DADI terminates this Agreement for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments reasons contemplated by clause 6(a) of this Agreement, Bingo/DADI will be provided entitled to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the early termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4fees calculated, in addition to other any outstanding amounts You may owe Dubberon the account for: 1. The cost of picking up the bins, You must immediately pay any then unpaid Subscription Charges associated with the remainder especially on short notice (e.g. transport, fuel, driver cost) 2. Cost of such Subscription Termclean, service and regular maintenance of bin(s) for safe use by another customer 3. This amount will not be payable by You Incremental administrative cost in the event You terminate Your subscription early closure of the account; and 4. Foregone earnings for discounts provided to the Service or cancel Your Account as a result of a material breach of these Terms Customer by Xxxxxx, provided that You provide advance notice of such breach to Dubber and afford Dubber not less than thirty (30) days to reasonably cure such breachBingo/DADI in entering into this Contract. 8.4 Dubber reserves e. The early termination fees in clause 6(d) are agreed by both parties to be a genuine pre- estimate of Bingo/DADI’s damages and are therefore not a penalty at law. f. On termination of this Agreement by either party, all Charges that are outstanding and have not yet been paid by the right Customer to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Users’ rights to access Bingo/DADI will become immediately due and use the Service, and remove, disable and discard any of Your Data if We believe that You or Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policy. Unless legally prohibited from doing so, Xxxxxx will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber shall not be liable to You, Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You or Users may be referred to law enforcement authorities at Our sole discretionpayable.

Appears in 1 contract

Samples: Terms and Conditions

Cancellation and Termination. 8.1 Either You or Dubber Party may elect to terminate Your Account and subscription to the a Service as of the end of your Your then current Subscription Term by providing notice, in accordance with these Termsthis Agreement, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the a Service is so terminated, Your subscription to the a Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any an Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If Except for Your termination under Section 8.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 8.4 and 8.5, in addition to other amounts You may owe Dubber, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of these Terms by Xxxxxx, provided that You provide advance notice of such breach to Dubber and afford Dubber not less than thirty (30) days to reasonably cure such breach.addition 8.4 Dubber reserves We reserve the right to modify, suspend or terminate the Service Services (or any part thereof)part 8.5 A Party may terminate this Agreement for cause (a) upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, Your Account receivership, liquidation or Your and/or Users’ rights to access and use assignment for the Service, and remove, disable and discard any benefit of Your Data if We believe that creditors. If this Agreement is terminated by You or Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policy. Unless legally prohibited from doing sothis Section, Xxxxxx will use commercially reasonable efforts We will, to contact the extent permitted by applicable law, refund You directly via email to notify You when taking any prepaid fees covering the remainder of the foregoing actionsSubscription Term after the effective date of termination. Dubber shall not be liable If this Agreement is terminated by Us in accordance with this Section, You will pay any unpaid fees covering the remainder of the Subscription Term pursuant to You, Users or any other third party for any such modification, suspension or discontinuation all applicable Order Forms. In no event will termination relieve You of Your rights obligation to access and use pay any fees payable to Us for the Service. Any suspected fraudulent, abusive, or illegal activity period prior to the effective date of termination. 8.6 Upon request by You made within thirty (30) days after the effective date of termination or Users may be referred expiration of this Agreement, We will make Service Data available to law enforcement authorities at You for export or download as provided in the Documentation. After such 30-day period, We will have no obligation to maintain or provide any Service Data, and, as provided in the Documentation, will have the right to delete or destroy all copies of Service Data in Our sole discretionsystems or otherwise in Our possession or control, unless prohibited by law.

Appears in 1 contract

Samples: Master Subscription Agreement

Cancellation and Termination. 8.1 Either You or Dubber may elect to terminate Your Account and subscription to the Service as of the end of your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the a Service is so terminatedmutually renewed by the parties prior to the end of the then current Subscription Term, Your subscription to a Service (including any and all Deployed Associated Services) will automatically expire at the Service will renew for a Subscription Term equivalent in length to end of the then expiring Subscription Term. Unless otherwise provided for in any a Quotation Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation , unless You make such refund request in writing within fifteen (15) days of Your subscription subscribing to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelledService. 8.3 If Except for Your termination under Section 8.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 8.4 and 8.5, in addition to other amounts You may owe DubberLife Fitness, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the a Service or cancel Your Account as a result of a material breach of these Terms this Agreement by XxxxxxLife Fitness, provided that You provide advance notice of such breach to Dubber Life Fitness and afford Dubber Life Fitness not less than thirty (30) days to reasonably cure such breachbreach as provided for in Section 8.5 herein. 8.4 Dubber reserves We reserve the right to modify, suspend or terminate the Service Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the ServiceServices, and remove, disable and discard any of Your Service Data if We believe that You You, Agents or End-Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policythis Agreement. Unless legally prohibited from doing so, Xxxxxx We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion. 8.5 A Party may terminate this Agreement for cause (a) upon thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or

Appears in 1 contract

Samples: Subscription Agreement

Cancellation and Termination. 8.1 Either You or Dubber Party may elect to terminate Your Account and subscription to the a Service as of the end of your Your then current Subscription Term by providing notice, in accordance with these Termsthis Agreement, on or prior to the date no less than thirty (30) days preceding prior to the end of such Subscription TermTerm . Unless Your Account and subscription to the a Service is so terminated, Your subscription to the a Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any an Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 8.2 No Except for Your termination rights under Section 8.5, no refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If Except for Your termination under Section 8.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 8.4 and 8.5, in addition to other amounts You may owe DubberZendesk, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the a Service or cancel Your Account as a result of a material breach of these Terms this Agreement by Xxxxxx, provided that You provide advance notice of such breach to Dubber and afford Dubber not less than thirty (30) days to reasonably cure such breachZendesk. 8.4 Dubber reserves We reserve the right to modifyrestrict functionality, suspend or terminate the Service Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the ServiceServices, and remove, disable and discard quarantine any of Your Service Data if We reasonably believe that You You, Agents or End-Users have violated these Termsthis Agreement. This right includes the removal or disablement of Your Service Data in accordance with Our Copyright Infringement Notice and Takedown Policy. Policy available at xxx.xxxxxxx.xxx/xxxxxxx/xxxxxxxxx-xxxxxxxx/xxxx/. Unless legally prohibited from doing so, Xxxxxx We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion. 8.5 A Party may terminate this Agreement for cause (a) upon written notice to the other Party of a material breach if such breach remains uncured at the expiration of thirty (30) days from the date of the breaching Party’s receipt of such notice; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by You in accordance with this section, We will, to the extent permitted by applicable law, refund You any prepaid fees covering the remainder of the Subscription Term after the effective date of termination. If this Agreement is terminated by Us in accordance with this section, You will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. 8.6 Upon request by You made within thirty (30) days after the effective date of termination or expiration of this Agreement, We will make Service Data available to You for export or download as provided in the Documentation. After such 30-day period, We will have no obligation to maintain or provide any Service Data, and, as provided in the Documentation, will delete all copies of Service Data in Our possession or control in accordance with Our Data Deletion Policy, unless prohibited by law.

Appears in 1 contract

Samples: Master Subscription Agreement

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Cancellation and Termination. 8.1 Either You or Dubber may elect to terminate Your Account and subscription to the Service as of the end of your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the a Service is so terminatedmutually renewed by the parties prior to the end of the then current Subscription Term, Your subscription to a Service (including any and all Deployed Associated Services) will automatically expire at the Service will renew for a Subscription Term equivalent in length to end of the then expiring Subscription Term. Unless otherwise provided for in any a Quotation Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation , unless You make such refund request in writing within fifteen (15) days of Your subscription subscribing to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelledService. 8.3 If Except for Your termination under Section 8.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 8.4 and 8.5, in addition to other amounts You may owe DubberLife Fitness, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the a Service or cancel Your Account as a result of a material breach of these Terms this Agreement by XxxxxxLife Fitness, provided that You provide advance notice of such breach to Dubber Life Fitness and afford Dubber Life Fitness not less than thirty (30) days to reasonably cure such breachbreach as provided for in Section 8.5 herein. 8.4 Dubber reserves We reserve the right to modify, suspend or terminate the Service Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the ServiceServices, and remove, disable and discard any of Your Service Data if We believe that You You, Agents or End-Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policythis Agreement. Unless legally prohibited from doing so, Xxxxxx We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion. 8.5 A Party may terminate this Agreement for cause (a) upon thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by You in accordance with this section, We will, to the extent permitted by applicable law, refund You any prepaid fees covering the remainder of the Subscription Term after the effective date of termination. If this Agreement is terminated by Us in accordance with this section, You will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Quotation Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. 8.6 Upon request by You made within thirty (30) days after the effective date of termination or expiration of this Agreement, We will make Service Data available to You for export or download as provided in the Documentation. After such 30-day period, We will have no obligation to maintain or provide any Service Data, and, as provided in the Documentation, will have the right to delete or destroy all copies of Service Data in Our systems or otherwise in Our possession or control, unless prohibited by law.

Appears in 1 contract

Samples: Subscription Agreement

Cancellation and Termination. 8.1 7.1 Either You or Dubber Party may elect to terminate Your Customer’s Account and subscription to the a Service as of the end of your Customer’s then current Subscription Term by providing notice, in accordance with these Termsthis Agreement, on or prior to the date thirty ninety (3090) days preceding the end of such Subscription Term. Unless Your Customer’s Account and subscription to the a Service is so terminated, Your Customer’s subscription to the a Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any an Order Form, the Subscription Charges applicable to Your Customer’s subscription to the a Service for any such subsequent Subscription Term shall be Our ANCILE’s standard Subscription Charges for the Service Plan fees to which You have Customer has subscribed as of the time such subsequent Subscription Term commences. 8.2 7.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You Customer if You elect Customer elects to terminate Your Customer’s subscription to the Service or cancel Your Customer’s Account prior to the end of Your Customer’s then effective Subscription Term. Following the xxx.xxxxxx.xxx • xxxxx@xxxxxx.xxx • +0 000-000-0000 7.3 Except for Customer’s termination or cancellation of Your under Section 7.5, if Customer terminates a subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If You terminate Your subscription to the a Service or cancel Your cancels Customer’s Account prior to the end of Your Customer’s then effective Subscription Term or We ANCILE effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 7.4 and 7.5, in addition to other amounts You Customer may owe DubberANCILE, You Customer must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You Customer in the event You Customer terminate Your Customer’s subscription to the a Service or cancel Your Customer’s Account as a result of a material breach of these Terms this Agreement by XxxxxxANCILE, provided that You Customer provide advance notice of such breach to Dubber ANCILE and afford Dubber ANCILE not less than thirty (30) days to reasonably cure such breachbreach as provided for in Section 7.5 herein. 8.4 Dubber 7.4 ANCILE reserves the right to modify, suspend or terminate the Service Services (or any part thereof), Your Customer’s Account or Your Customer’s and/or its Users’ rights to access and use the ServiceServices, and remove, disable and discard any of Your Service Data if We believe ANCILE believes that You Customer, or its Users have violated these Termsthis Agreement. This includes the removal or disablement of Your Service Data in accordance with Our Copyright Infringement Notice ANCILE’s copyright infringement notice and Takedown Policytakedown policy. Unless legally prohibited from doing so, Xxxxxx ANCILE will use commercially reasonable efforts to contact You Customer directly via email to notify You Customer when taking any of the foregoing actions. Dubber ANCILE shall not be liable to YouCustomer or its Users, Users or any other third party for any such modification, suspension or discontinuation of Your Customer’s rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You Customer or its Users may be referred to law enforcement authorities at Our ANCILE’s sole discretion. 7.5 A Party may terminate this Agreement for cause (a) upon thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by Customer in accordance with this section, ANCILE will, to the extent permitted by applicable law, refund Customer any prepaid fees covering the remainder of the Subscription Term after the effective date of termination. If this Agreement is terminated by ANCILE in accordance with this section, Customer will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Order Forms. In no event will termination relieve Customer of Customer’s obligation to pay any fees payable to ANCILE for the period prior to the effective date of termination. 7.6 Upon request by Customer made within thirty (30) days after the effective date of termination or expiration of this Agreement, ANCILE will make Service Data available to Customer for export or download as provided in the Documentation. After such 30- day period, ANCILE will have no obligation to maintain or provide any Service Data, and, as provided in the Documentation, will have the right to delete or destroy all copies of Service Data in ANCILE’s systems or otherwise in ANCILE’s possession or control, unless prohibited by law.

Appears in 1 contract

Samples: Master Subscription Agreement

Cancellation and Termination. 8.1 7.1 Either You or Dubber Party may elect to terminate Your Account and subscription to the a Service as of the end of your Your then current Subscription Term by providing notice, in accordance with these Termsthis Agreement, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the a Service is so terminated, Your subscription to the a Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any an Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. 8.2 No 7.2 To the extent permitted by law, no refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If 7.3 Except for Your termination under Section 7.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 7.4 and 7.5, in addition to other amounts You may owe DubberFlexitime, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the a Service or cancel Your Account as a result of a material breach of these Terms this Agreement by XxxxxxFlexitime, provided that You provide advance notice of such breach to Dubber Flexitime and afford Dubber give Flexitime not less than thirty (30) days to reasonably cure such breachbreach as provided for in Section 7.5 herein. 8.4 Dubber reserves 7.4 We reserve the right to modify, suspend or terminate the Service Services (or any part thereof), Your Account or Your and/or Users’ rights to access and use the ServiceServices, and remove, disable and discard any of Your Service Data if We believe that You or Users or have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our Copyright Infringement Notice and Takedown Policythis Agreement. Unless legally prohibited from doing so, Xxxxxx We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber We shall not be liable to You, Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You or Users may be referred to law enforcement authorities at Our sole discretion. 7.5 A Party may terminate this Agreement for cause: A. upon thirty (30) days’ written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or B. if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated in accordance with this section, We will, to the extent permitted by applicable law, refund You any prepaid fees covering the remainder of the Subscription Term after the effective date of termination and You will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Order Forms as the case may be. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.

Appears in 1 contract

Samples: Subscription Agreement

Cancellation and Termination. 8.1 Either You or Dubber Party may elect to terminate Your Account and subscription to the a Service as of the end of your Your then current Subscription Term by providing notice, in accordance with these Termsthis Agreement, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the a Service is so terminated, Your subscription to the a Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any an Order Form, the Subscription Charges applicable to Your subscription to the a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 8.2 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. 8.3 If Except for Your termination under Section 8.5, if You terminate Your subscription to the a Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 8.4Sections 2, 8.4 and 8.5, in addition to other amounts You may owe Dubber, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of these Terms by Xxxxxx, provided that You provide advance notice of such breach to Dubber and afford Dubber not less than thirty (30) days to reasonably cure such breach.addition 8.4 Dubber reserves We reserve the right to modify, suspend or terminate the Service Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the ServiceServices, and remove, disable and discard any of Your Service Data if We believe that You You, Agents or End-Users have violated these Termsthis Agreement. This includes the removal or disablement of Your Service Data in accordance with Our Copyright Infringement Notice and Takedown Policy. Policy available at xxx.XXXXxxx.xxx/xxxxxxx/xxxxxxxxx-xxxxxxxx/XXXX/. Unless legally prohibited from doing so, Xxxxxx We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Dubber We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension suspension, or discontinuation of Your rights to access and use the ServiceServices. Any suspected fraudulent, abusive, or illegal activity by You You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion. 8.5 A Party may terminate this Agreement for cause (a) upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by You in accordance with this Section, We will, to the extent permitted by applicable law, refund You any prepaid fees covering the remainder of the Subscription Term after the effective date of termination. If this Agreement is terminated by Us in accordance with this Section, You will pay any unpaid fees covering the remainder of the Subscription Term pursuant to all applicable Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. 8.6 Upon request by You made within thirty (30) days after the effective date of termination or expiration of this Agreement, We will make Service Data available to You for export or download as provided in the Documentation. After such 30-day period, We will have no obligation to maintain or provide any Service Data, and, as provided in the Documentation, will have the right to delete or destroy all copies of Service Data in Our systems or otherwise in Our possession or control, unless prohibited by law.

Appears in 1 contract

Samples: Master Subscription Agreement

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