Common use of Change to Third Party Subcontractors Clause in Contracts

Change to Third Party Subcontractors. If Mimecast appoints a new Third-Party Subcontractor or intends to make any changes concerning the addition or replacement of the Third-Party Subcontractors, it shall provide Customer with at least 20 days written notice. For the purposes of this Clause 8.2, notice may be provided electronically, including but not limited to posting on the Mimecast administrative console of the Services, a notice on the Trust Center and/or in a e-newsletter sent to Customer (if Customer has subscribed to such e-newsletter via Mimecast’s online preference center). If Customer objects to the appointment or replacement of Third-Party Subcontractor in writing based on legitimate data protection grounds within ten (10) days after Mimecast’s advanced written notice of a new Third-Party Subcontractor, Mimecast, at its option may suggest a commercially reasonable change to Customer’s use of the Services so that the relevant Third-Party Subcontractor is not used in terms of the Service/s procured. If Mimecast is unable to enact such change within a reasonable period of time, Customer may, upon not less than twenty (20) days’ written notice from the date of notification by Mimecast, terminate the applicable Services Order with respect to those Services which cannot be provided without the use of the relevant Third-Party Subcontractor. If Customer does not provide a written objection within such ten (10) day period, Customer is deemed to have consented to such appointment or change in Third-Party Subcontractor. Termination of any ordering document under this Clause 8 shall entitle Customer to receive a pro-rata refund of any unused portion of the fees paid in advance. For the avoidance of doubt, termination under this Clause 8 shall not entitle Customer to any refund of fees paid for the period up to the effective date of termination.

Change to Third Party Subcontractors. If Mimecast appoints a new Third-Party Subcontractor or intends to make any changes concerning the addition or replacement of the Third-Party Subcontractors, it shall provide Customer with at least 20 days reasonable advance written notice. For the purposes of this Clause 8.2, notice may be provided electronically, including but not limited to posting on the Mimecast administrative console of the Services, a notice on the Trust Center and/or in a e-newsletter sent to Customer (if Customer has subscribed to such e-newsletter via Mimecast’s online preference center). If Customer objects to the appointment or replacement of Third-Party Subcontractor in writing based on legitimate data protection grounds within ten (10) days after Mimecast’s advanced written notice of a new Third-Third- Party Subcontractor, Mimecast, at its option may suggest a commercially reasonable change to Customer’s use of the Services so that the relevant Third-Party Subcontractor is not used in terms of the Service/s procured. If Mimecast is unable to enact such change within a reasonable period of time, Customer may, upon not less than twenty (20) days’ written notice from the date of notification by Mimecast, terminate the applicable Services Order with respect to those Services which cannot be provided without the use of the relevant Third-Party Subcontractor. If Customer does not provide a written objection within such ten (10) day period, Customer is deemed to have consented to such appointment or change in Third-Party Subcontractor. Termination of any ordering document under this Clause 8 shall entitle Customer to receive a pro-rata refund of any unused portion of the fees paid in advance. For the avoidance of doubt, termination under this Clause 8 shall not entitle Customer to any refund of fees paid for the period up to the effective date of termination.

Change to Third Party Subcontractors. If Mimecast appoints a new Third-Party Subcontractor or intends to make any changes concerning the addition or replacement of the Third-Party Subcontractors, it shall provide Customer with at least 20 days written notice. For the purposes of this Clause 8.2, notice may be provided electronically, including but not limited to posting on the Mimecast administrative console of the Services, a notice on the Trust Center and/or in a e-newsletter sent to Customer (if Customer has subscribed to such e-newsletter via Mimecast’s online preference center). If Customer objects to the appointment or replacement of Third-Party Subcontractor in writing based on legitimate data protection grounds within ten (10) days after Mimecast’s advanced written notice of a new Third-Party Subcontractor, Mimecast, at its option may suggest a commercially reasonable change to Customer’s use of the Services so that the relevant Third-Party Subcontractor is not used in terms of the Service/s procured. If Mimecast is unable to enact such change within a reasonable period of time, Customer may, upon not less than twenty (20) days’ written notice from the date of notification by Mimecast, terminate the applicable Services Order with respect to those Services which cannot be provided without the use of the relevant Third-Party Subcontractor. If Customer does not provide a written objection within such ten (10) day period, Customer is deemed to have consented to such appointment or change in Third-Third- Party Subcontractor. Termination of any ordering document under this Clause 8 shall entitle Customer to receive a pro-rata refund of any unused portion of the fees paid in advance. For the avoidance of doubt, termination under this Clause 8 shall not entitle Customer to any refund of fees paid for the period up to the effective date of termination.