Changes to services and terms. 11.1 Artemis may at its absolute discretion make, and notify the Customer of, updated versions of the documents referred to in clause 1.2 or other documents referred to in any part of the Agreement (excluding in each case the Order) from time to time by notifying the Customer of such update by e-mail (together with a copy of the update or a link to a copy of the update) or by any other reasonable means which Artemis elects (Update Notification). 11.2 The document(s) subject to such Update Notification shall replace the preceding version of the same document(s) for the purposes of the Agreement from the date 30 calendar days after Update Notification of such revised document(s) in the event that the amendments cause the Customer a material detriment, and in the case of any other amendments, at least one day before the change it to take effect (the Update). 11.3 In the event that the Customer reasonably believes that any Update materially impacts it negatively in any manner it may by notice elect to terminate the Agreement in respect of all impacted Subscribed Services provided it exercises such right prior to such Update taking effect pursuant to clause 11.2 on not less than 10 Business Days prior written notice and notifies Xxxxxxx at the time of exercising such right of the negative impact which has caused it to exercise this right. In the event of such termination the Customer shall receive a refund of any pre-paid Charges in respect of such terminated Services. 11.4 The Customer acknowledges that Xxxxxxx shall be entitled to modify the features and functionality of the Services. Artemis shall use reasonable endeavours to ensure that any such modification does not materially adversely affect the use of the relevant Subscribed Service(s) by Artemis’ customers generally. Artemis may, without limitation to the generality of this clause 11.4, establish new limits on the Services (or any part), including introducing or removing features of the Services, or replacing the Services with materially equivalent Services, provided such changes are introduced by Update to the relevant impacted contractual documents. 11.5 No variation of the Agreement shall be valid or effective unless it is: 11.5.1 an Update made in accordance with the Agreement; or 11.5.2 made in writing, refers to the Agreement and is duly signed or executed by, or on behalf of, each party.
Appears in 1 contract
Samples: General Terms & Conditions
Changes to services and terms. 11.1 Artemis 6.1 The Supplier may at its absolute discretion make, and notify the Customer of, updated versions of the documents referred to in clause 1.2 1.2.2 or other documents referred to in any part of the our Agreement (excluding in each case the OrderOrder Form) from time to time by notifying the Customer of such update by e-mail (together with a copy of the update or a link to a copy of the update) or by any other reasonable means which Artemis the Supplier elects (Update Notification). The Supplier shall comply with its related obligations in the Data Protection Addendum.
11.2 6.2 The document(s) subject to such Update Notification shall replace the preceding version of the same document(s) for the purposes of the our Agreement from the date 30 calendar days Business Days’ after Update Notification of such revised document(s) in the event that the amendments cause the Customer a material detriment, and in the case of any other amendments, at least one day before the change it to take effect (the Update) (or at such later date as the Supplier may specify).
11.3 6.3 In the event that the Customer reasonably believes that any Update materially impacts it negatively in any manner it may by notice elect to terminate the our Agreement in respect of all impacted Subscribed Services provided it exercises such right prior to such Update taking effect pursuant to clause 11.2 6.2 on not less than 10 Business Days prior written notice and notifies Xxxxxxx the Supplier at the time of exercising such right of the negative impact which has caused it to exercise this right. In the event of such termination the Customer shall receive a refund of any pre-paid Charges Fees in respect of such terminated Services.
11.4 6.4 The Customer acknowledges that Xxxxxxx the Supplier shall be entitled to modify the features and functionality of the Services. Artemis The Supplier shall use reasonable endeavours to ensure that any such modification does not materially adversely affect the use of the relevant Subscribed Service(s) by Artemis’ the Supplier’s customers generally. Artemis The Supplier may, without limitation to the generality of this clause 11.46.4, establish new limits on the Services (or any part), including introducing limiting the volume of data which may be used, stored or removing features of transmitted in connection with the ServicesService, remove or replacing the Services with materially equivalent Servicesrestrict application programming interfaces or make alterations to data retention periods, provided such changes are introduced by Update to the relevant impacted contractual documents.
11.5 No variation of documents. The Supplier shall comply with its related obligations in the Agreement shall be valid or effective unless it is:
11.5.1 an Update made in accordance with the Agreement; or
11.5.2 made in writing, refers to the Agreement and is duly signed or executed by, or on behalf of, each partyData Protection Addendum.
Appears in 1 contract
Samples: Saas Agreement
Changes to services and terms. 11.1 Artemis 6.1 The Supplier may at its absolute discretion make, and notify the Customer of, updated versions of the documents referred to in clause 1.2 1.2.2 or other documents referred to in any part of the our Agreement (excluding in each case the OrderOrder Form) from time to time by notifying the Customer of such update by e-e- mail (together with a copy of the update or a link to a copy of the update) or by any other reasonable means which Artemis the Supplier elects (Update Notification). The Supplier shall comply with its related obligations in the Data Protection Addendum.
11.2 6.2 The document(s) subject to such Update Notification shall replace the preceding version of the same document(s) for the purposes of the our Agreement from the date 30 calendar days Business Days’ after Update Notification of such revised document(s) in the event that the amendments cause the Customer a material detriment, and in the case of any other amendments, at least one day before the change it to take effect (the Update) (or at such later date as the Supplier may specify).
11.3 6.3 In the event that the Customer reasonably believes that any Update materially impacts it negatively in any manner it may by notice elect to terminate the our Agreement in respect of all impacted Subscribed Services provided it exercises such right prior to such Update taking effect pursuant to clause 11.2 6.2 on not less than 10 Business Days prior written notice and notifies Xxxxxxx the Supplier at the time of exercising such right of the negative impact which has caused it to exercise this right. In the event of such termination the Customer shall receive a refund of any pre-paid Charges Fees in respect of such terminated Services.
11.4 6.4 The Customer acknowledges that Xxxxxxx the Supplier shall be entitled to modify the features and functionality of the Services. Artemis The Supplier shall use reasonable endeavours to ensure that any such modification does not materially adversely affect the use of the relevant Subscribed Service(s) by Artemis’ the Supplier’s customers generally. Artemis The Supplier may, without limitation to the generality of this clause 11.46.4, establish new limits on the Services (or any part), including introducing limiting the volume of data which may be used, stored or removing features of transmitted in connection with the ServicesService, remove or replacing the Services with materially equivalent Servicesrestrict application programming interfaces or make alterations to data retention periods, provided such changes are introduced by Update to the relevant impacted contractual documents.
11.5 No variation of documents. The Supplier shall comply with its related obligations in the Agreement shall be valid or effective unless it is:
11.5.1 an Update made in accordance with the Agreement; or
11.5.2 made in writing, refers to the Agreement and is duly signed or executed by, or on behalf of, each partyData Protection Addendum.
Appears in 1 contract
Samples: Saas Agreement
Changes to services and terms. 11.1 Artemis 6.1 The Supplier may at its absolute discretion make, and notify the Customer of, updated versions of the documents referred to in clause 1.2 1.2.2 or other documents referred to in any part of the our Agreement (excluding in each case the OrderStatement of Works) from time to time by notifying the Customer of such update by e-mail (together with a copy of the update or a link to a copy of the update) or by any other reasonable means which Artemis the Supplier elects (Update Notification). The Supplier will comply with its related obligations in the Data Protection Addendum.
11.2 6.2 The document(s) subject to such Update Notification shall replace the preceding version of the same document(s) for the purposes of the our Agreement from the date 30 calendar days Business Days’ after Update Notification of such revised document(s) in the event that the amendments cause the Customer a material detriment, and in the case of any other amendments, at least one day before the change it to take effect (the Update) (or at such later date as the Supplier may specify).
11.3 6.3 In the event that the Customer reasonably believes that any Update materially impacts it negatively in any manner it may by notice elect to terminate the our Agreement in respect of all impacted Subscribed Services provided it exercises such right prior to such Update taking effect pursuant to clause 11.2 6.2 on not less than 10 Business Days prior written notice and notifies Xxxxxxx the Supplier at the time of exercising such right of the negative impact which has caused it to exercise this right. In the event of such termination the Customer shall receive a refund of any pre-paid Charges Fees (pro rata) in respect of such terminated Services.
11.4 6.4 The Customer acknowledges that Xxxxxxx the Supplier shall be entitled to modify the features and functionality of the Services. Artemis shall use reasonable endeavours to ensure that any such modification does not materially adversely affect the use of the relevant Subscribed Service(s) by Artemis’ customers generally. Artemis The Supplier may, without limitation to the generality of this clause 11.46.4, establish new limits on the Services (or any part), including introducing limiting the volume of data which may be used, stored or removing features of transmitted in connection with the ServicesService, remove or replacing the Services with materially equivalent Servicesrestrict application programming interfaces or make alterations to default data retention periods, provided such changes are introduced by Update to the relevant impacted contractual documents.documents. The Supplier will comply with its related obligations in the Data Protection Addendum.
11.5 No variation 6.5 The Customer acknowledges that the Supplier shall apply appropriate statistical analysis to the Customer Data for the purpose of modifying the features and functionality and further evaluating the efficacy of the Agreement shall be valid or effective unless it is:
11.5.1 an Update made in accordance with Services where the Agreement; or
11.5.2 made in writing, refers to the Agreement and is duly signed or executed by, or on behalf of, each partyreported results do not constitute Protected Data.
Appears in 1 contract
Samples: Software as a Service Agreement
Changes to services and terms. 11.1 Artemis 7.1 The Supplier may at its absolute discretion make, and notify the Customer of, updated versions of the documents referred to in clause 1.2 1.2.2 or other documents referred to in any part of the our Agreement (excluding in each case the OrderOrder Form) from time to time by notifying the Customer of such update by e-mail (together with a copy of the update or a link to a copy of the update) or by any other reasonable means which Artemis the Supplier elects (Update Notification). The Supplier shall comply with its related obligations in the Data Protection Addendum.
11.2 7.2 The document(s) subject to such Update Notification shall replace the preceding version of the same document(s) for the purposes of the our Agreement from the date 30 calendar days Days’ after Update Notification of such revised document(s) in the event that the amendments cause the Customer a material detriment, and in the case of any other amendments, at least one day before the change it to take effect (the Update) (or at such later date as the Supplier may specify).
11.3 7.3 In the event that the Customer reasonably believes that any Update materially impacts it negatively in any manner it may by notice elect to terminate the our Agreement in respect of all impacted Subscribed Services provided it exercises such right prior to such Update taking effect pursuant to clause 11.2 7.2 on not less than 10 Business Days prior written notice and notifies Xxxxxxx the Supplier at the time of exercising such right of the negative impact which has caused it to exercise this right. In the event of such termination the Customer shall receive a refund of any pre-paid Charges Fees in respect of such terminated Services.
11.4 7.4 The Customer acknowledges that Xxxxxxx the Supplier shall be entitled to modify the features and functionality of the Services. Artemis The Supplier shall use reasonable endeavours to ensure that any such modification does not materially adversely affect the use of the relevant Subscribed Service(s) by Artemis’ the Supplier’s customers generally. Artemis The Supplier may, without limitation to the generality of this clause 11.47.4, establish new limits on the Services (or any part), including introducing limiting the volume of data which may be used, stored or removing features of transmitted in connection with the ServicesService, remove or replacing the Services with materially equivalent Servicesrestrict application programming interfaces or make alterations to data retention periods, provided such changes are introduced by Update to the relevant impacted contractual documents.documents. The Supplier shall comply with its related obligations in the Data Protection Addendum.
11.5 No variation 7.5 The Supplier may release new versions, releases or patches in connection with the Software. The Supplier shall endeavour to notify the Customer about such new versions, releases and patches but in any event The Supplier shall be free to apply such new versions, releases or patches, whether remotely or otherwise, as they require from time to time. To the extent that The Supplier requires the assistance of the Agreement shall be valid or effective unless it is:
11.5.1 an Update made Customer in accordance with the Agreement; or
11.5.2 made in writing, refers relation to the Agreement application of such version, release or patch the Customer will provide such assistance as may be required by The Supplier. If the version, release or patch cannot be applied as a result of any failure of the Customer to provide adequate access and/or assistance this may affect the performance of the Software and is duly signed to the extent that such failure leads to any performance issues or executed bybreach of warranty of the Software, The Supplier shall not be responsible for any such performance issue or on behalf of, each partybreach.
Appears in 1 contract
Samples: Master Saas Terms
Changes to services and terms. 11.1 Artemis may at its absolute discretion make, and notify the Customer of, updated versions of the documents referred to in clause 1.2 36.2 or other documents referred to in any part of the Agreement (excluding in each case the Order) from time to time by notifying the Customer of such update by e-mail (together with a copy of the update or a link to a copy of the update) or by any other reasonable means which Artemis elects (Update Notification).
11.2 The document(s) subject to such Update Notification shall replace the preceding version of the same document(s) for the purposes of the Agreement from the date 30 calendar days after Update Notification of such revised document(s) in the event that the amendments cause the Customer a material detriment, and in the case of any other amendments, at least one day before the change it to take effect (the Update).
11.3 In the event that the Customer reasonably believes that any Update materially impacts it negatively in any manner it may by notice elect to terminate the Agreement in respect of all impacted Subscribed Services provided it exercises such right prior to such Update taking effect pursuant to clause 11.2 on not less than 10 Business Days prior written notice and notifies Xxxxxxx at the time of exercising such right of the negative impact which has caused it to exercise this right. In the event of such termination the Customer shall receive a refund of any pre-paid Charges in respect of such terminated Services.
11.4 The Customer acknowledges that Xxxxxxx shall be entitled to modify the features and functionality of the Services. Artemis shall use reasonable endeavours to ensure that any such modification does not materially adversely affect the use of the relevant Subscribed Service(s) by Artemis’ customers generally. Artemis may, without limitation to the generality of this clause 11.4, establish new limits on the Services (or any part), including introducing or removing features of the Services, or replacing the Services with materially equivalent Services, provided such changes are introduced by Update to the relevant impacted contractual documents.
11.5 No variation of the Agreement shall be valid or effective unless it is:
11.5.1 an Update made in accordance with the Agreement; or
11.5.2 made in writing, refers to the Agreement and is duly signed or executed by, or on behalf of, each party.
Appears in 1 contract
Samples: General Terms & Conditions