Change Process. 6.1 Brigantia may make any changes to the Agreement (including to this MSA, Acceptable Use Policy or Service Description but excluding executed Orders and Letters of Engagement) as it deems necessary from time to time to take into account operational, legal, technical or commercial matters (including the terms on which its third party providers provide Brigantia with services). Brigantia's rights under this Clause shall not extend to changes to the Fees which shall be governed by the remaining terms of the Agreement. 6.2 If the Customer wishes to change any Services, the parties shall observe the following process: (a) In response to a request by the Customer for a change to the Services where that proposed change is acceptable to Brigantia, Brigantia shall prepare a Letter of Engagement, Order or SOW and submit to the Customer. The Letter of Engagement, Order or SOW shall constitute Brigantia's offer to vary the Services and shall remain open for acceptance for a period of 30 calendar days from the date of the Letter of Engagement. (b) If the Customer wishes to accept Brigantia's offer, it shall sign the Letter of Engagement, Order or SOW and submit it to Brigantia and the Services affected shall be amended in accordance with the terms of the Letter of Engagement, Order or SOW and the agreement 6.3 Where Brigantia elects to make a change to the Services under Clause 6.1, Brigantia will ensure that any change(s) applied to the affected Services provide functionality and/or features equivalent to or exceeding the functionality and/or features for that Service(s) prior to the change(s). 6.4 Changes made pursuant to Clause 6.1 shall be notified to the Customer by posting the changes to the Brigantia Website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. Brigantia will endeavour to give 30 days' notice of any such changes 6.5 Notwithstanding any other provision of the Agreement, in the event that Service(s) is/are changed due to: (a) the Customer's or Brigantia's decision to terminate a Service(s) in accordance with the Agreement; (b) Brigantia's suspension of a Service(s) under Clause 4.5; (c) an event where Brigantia is required to amend a Service(s) due to the act or omission of the Customer; or (d) any regrade, replacement order, renewal or any material change to the commercial and/or operational nature of the Service whatsoever, Brigantia shall no longer have any liability to the Customer in respect of any Credits that may have accrued to the Customer in respect of the affected Service(s).
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Change Process. 6.1 Brigantia may make any changes to the Agreement (including to this MSA, Acceptable Use Policy or Service Description but excluding executed Orders and Letters of Engagement) as it deems necessary from time to time to take into account operational, legal, technical or commercial matters (including the terms on which its third party providers provide Brigantia with services). Brigantia's rights under this Clause shall not extend to changes to the Fees which shall be governed by the remaining terms of the Agreement.
6.2 If the Customer wishes to change any Services, the parties shall observe the following process:
(a) In response to a request by the Customer for a change to the Services where that proposed change is acceptable to Brigantia, Brigantia shall prepare a Letter of Engagement, Order or SOW and submit to the Customer. The Letter of Engagement, Order or SOW shall constitute Brigantia's offer to vary the Services and shall remain open for acceptance for a period of 30 calendar days from the date of the Letter of Engagement.
(b) If the Customer wishes to accept Brigantia's offer, it shall sign the Letter of Engagement, Order or SOW and submit it to Brigantia and the Services affected shall be amended in accordance with the terms of the Letter of Engagement, Order or SOW and the agreement
6.3 Where Brigantia elects to make a change to the Services under Clause 6.1, Brigantia will ensure that any change(s) applied to the affected Services provide functionality and/or features equivalent to or exceeding the functionality and/or features for that Service(s) prior to the change(s).
6.4 Changes made pursuant to Clause 6.1 shall be notified to the Customer by posting the changes to the Brigantia Website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. Brigantia will endeavour to give 30 days' notice of any such changeschanges but any failure to give such notice shall not act to prevent such changes having full contractual effect.
6.5 Notwithstanding any other provision of the Agreement, in the event that Service(s) is/are changed due to:
(a) the Customer's or Brigantia's decision to terminate a Service(s) in accordance with the Agreement;
(b) Brigantia's suspension of a Service(s) under Clause 4.5;
(c) an event where Brigantia is required to amend a Service(s) due to the act or omission of the Customer; or
(d) any regrade, replacement order, renewal or any material change to the commercial and/or operational nature of the Service whatsoever, Brigantia shall no longer have any liability to the Customer in respect of any Credits that may have accrued to the Customer in respect of the affected Service(s).
Appears in 1 contract
Samples: Master Services Agreement
Change Process. 6.1 Brigantia may make any changes to the Agreement (including to this MSA, Acceptable Use Policy or Service Description but excluding executed Orders and Letters of Engagement) as it deems necessary from time to time to take into account operational, legal, technical or commercial matters (including the terms on which its third party providers provide Brigantia with services). Brigantia's rights under this Clause shall not extend to changes to the Fees which shall be governed by the remaining terms of the Agreement.
6.2 If the Customer wishes to change any Services, the parties shall observe the following process:
(a) In response to a request by the Customer for a change to the Services where that proposed change is acceptable to Brigantia, Brigantia shall prepare a Letter of Engagement, Order or SOW and submit to the Customer. The Letter of Engagement, Order or SOW shall constitute Brigantia's offer to vary the Services and shall remain open for acceptance for a period of 30 calendar days from the date of the Letter of Engagement.
(b) If the Customer wishes to accept BrigantiaXxxxxxxxx's offer, it shall sign the Letter of Engagement, Order or SOW and submit it to Brigantia and the Services affected shall be amended in accordance with the terms of the Letter of Engagement, Order or SOW and the agreement
6.3 Where Brigantia elects to make a change to the Services under Clause 6.1, Brigantia will ensure that any change(s) applied to the affected Services provide functionality and/or features equivalent to or exceeding the functionality and/or features for that Service(s) prior to the change(s).
6.4 Changes made pursuant to Clause 6.1 shall be notified to the Customer by posting the changes to the Brigantia Website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. Brigantia will endeavour to give 30 days' notice of any such changeschanges but any failure to give such notice shall not act to prevent such changes having full contractual effect.
6.5 Notwithstanding any other provision of the Agreement, in the event that Service(s) is/are changed due to:
(a) the Customer's or Brigantia's decision to terminate a Service(s) in accordance with the Agreement;
(b) Brigantia's suspension of a Service(s) under Clause 4.5;
(c) an event where Brigantia is required to amend a Service(s) due to the act or omission of the Customer; or
(d) any regrade, replacement order, renewal or any material change to the commercial and/or operational nature of the Service whatsoever, Brigantia shall no longer have any liability to the Customer in respect of any Credits that may have accrued to the Customer in respect of the affected Service(s).
Appears in 1 contract
Samples: Master Services Agreement
Change Process. 6.1 Brigantia Doodle may make any changes to the this Agreement (including to this MSA, Acceptable Use Policy or Policy, Service Description but excluding executed Orders and Letters of Engagementor SLA) as it deems necessary from time to time to take into account operational, legal, legal and technical or commercial matters (including the terms on which its third party providers provide Brigantia Doodle with services). BrigantiaDoodle's rights under this Clause shall not extend to changes to the Fees which shall be governed by the remaining terms of the this Agreement.
6.2 If Notwithstanding the Customer wishes to change any Services, the parties shall observe the following process:
(a) In response to a request by the Customer for a change to the Services where that proposed change is acceptable to Brigantia, Brigantia shall prepare a Letter provisions of Engagement, Order or SOW and submit to the Customer. The Letter of Engagement, Order or SOW shall constitute Brigantia's offer to vary the Services and shall remain open for acceptance for a period of 30 calendar days from the date of the Letter of Engagement.
(b) If the Customer wishes to accept Brigantia's offer, it shall sign the Letter of Engagement, Order or SOW and submit it to Brigantia and the Services affected shall be amended in accordance with the terms of the Letter of Engagement, Order or SOW and the agreement
6.3 Where Brigantia elects to make a change to the Services under Clause 6.1, Brigantia 6.1 Doodle will ensure that any change(s) applied to the affected Services a Service Description provide functionality and/or features equivalent to or exceeding the functionality and/or features for that Service(s) Service prior to the change(s).
6.4 6.3 Changes made pursuant to Clause 6.1 shall be notified to the Customer by posting the changes to the Brigantia Doodle Website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. Brigantia Doodle will endeavour to give 30 days' notice of any such changeschanges but any failure to give such notice shall not act to prevent such changes having full contractual effect.
6.5 6.4 Notwithstanding any other provision of the this Agreement, in the event that Service(s) is/are changed due to:
(a) the Customer's or BrigantiaDoodle's decision to terminate a Service(s) in accordance with the this Agreement;
(b) BrigantiaXxxxxx's suspension of a Service(s) under Clause 4.54.3;
(c) an event where Brigantia Doodle is required to amend a Service(s) due to the act or omission of the Customer; Customer or
(d) any regrade, replacement order, renewal or any material change to the commercial and/or operational nature of the Service whatsoeverwhatsoever any Credits or Service Credits that have then accrued to the Customer in respect of the affected Service(s), Brigantia Doodle shall no longer have any liability to the Customer in respect of such Credits.
6.5 Continued use of the service(s) will mean acceptance of these terms and any Credits that may have accrued changes pursuant to the Customer in respect of the affected Service(s)above mentioned change process clause - section 6.
Appears in 1 contract
Samples: Master Service Agreement