Common use of Changing the Agreement Clause in Contracts

Changing the Agreement. ONGOING AGREEMENTS We may change all terms of an ongoing agreement 22.1 We may change any term of the agreement if: 1. We get your consent; or 2. We make the change in accordance with the relevant elements of this section 22. 22.2 We may immediately, and without notice to You make changes to the agreement where We reasonably expect a change to our agreement will have; 1. a positive effect on You; or 2. a neutral effect on You. 22.3 We may, subject to clause 22.4, make changes to the agreement where We reasonably expect a change to our agreement will; 1. have a detrimental impact on You; and 2. We believe that detriment is no more minor. 22.4 If We change our agreement in accordance with clause 22.3, We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effect. 22.5 We may make changes to the agreement including increasing or introducing new charges to take account of taxes imposed by law. If We make such changes We will; 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effect. 22.6 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of the change prior to your incurring any such fees; and 2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer You a reasonable alternative administrative facility, and the service is conditional upon access to such a facility, offer You an opportunity to cancel that service on fair terms. 22.7 We may make any changes which are required by law or are necessary for security reasons, fraud prevention or for technical reasons. If You will be affected by the change We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We reasonably can or as soon as possible after the change has taken effect. 22.8 If We seek to make a change which affects You, but that is not covered by clauses 22.1-22.7, We may make the change by: Individually notifying You at least thirty days prior to the change taking effect.

Appears in 1 contract

Samples: Master Service Agreement

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Changing the Agreement. ONGOING FIXED LENGTH AGREEMENTS We may not change all certain terms of an ongoing a fixed length agreement 22.1 21.1 Subject to this section 21, We cannot change fees during the term of a fixed length agreement unless, either; 1. The change is the result of a change in the price from a supplier for an input which is required for your service; 2. The change is required by law, pursuant to clause 21.11; 3. The change is in relation to a fee or charge that accounts for a tax imposed by law, pursuant to clause 21.9; 4. The change is in relation to a solely administrative fee, pursuant to clause 21.10; 5. The change is in relation to a type of fee or type of charge which is expressly identified as variable in the fixed- length agreement, including as expressed in clauses 21.9-21.11 or your service description; or 6. You agree to the change. 21.2 If We change the fees of a fixed length agreement under one of the exemptions specified in clause 21.1, We may only change fees in accordance with the procedures of this section 21. 21.3 We may change any term of the agreement not precluded by clause 21.1 if:; 1. We get your consentYou agree to the change; or 2. We make the change in accordance with the relevant elements of this section 2221. 22.2 21.4 We may immediately, immediately and without notice to You make changes to the agreement where We reasonably expect a change to our agreement will have; 1. a positive effect on You; or 2. a neutral effect on You. 22.3 21.5 If You can demonstrate that the change has neither a neutral or positive effect on You and has more than a minor detrimental impact on You, and is not a change of the type specified in clauses 21.9-21.11, then We will offer You the chance to cancel that service on fair terms. 21.6 We may, subject to clause 22.421.7, make changes to the agreement where We reasonably expect a change to our agreement will; 1. have a detrimental impact on You; and 2. We believe that detriment is no more than minor. 22.4 21.7 If We change our agreement in accordance with clause 22.321.6, We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effect. 22.5 21.8 If You can demonstrate that the change has more than a minor detrimental impact on You, and is not a change of the type specified in clauses 21.9-21.11, then We will offer You the chance to cancel that service on fair terms. 21.9 We may make changes to the agreement agreement, including increasing or introducing new charges charges, to take account of taxes imposed by law. If We make such changes We will; 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effect. 22.6 21.10 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of the change prior to your incurring any such fees; and 2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer You a reasonable alternative administrative facility, and the service is conditional upon access to such a facility, offer You an opportunity to cancel that service on fair terms. 22.7 21.11 We may make any changes which are required by law or are necessary for security reasons, fraud prevention or for technical reasons. If You will be affected by the change We will: 1. Endeavour to individually notify You of the change three days prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We reasonably can or as soon as possible after the change has taken effectoccurred. 22.8 21.12 If We seek to make a change which affects You, You but that is not covered by clauses 22.121.1-22.721.11, We may make the change by: : 1. Individually notifying You at least thirty days prior to the change taking effect; and 2. Offering You an opportunity to cancel the agreement for the affected service on fair terms within thirty days from the date of our notice.

Appears in 1 contract

Samples: Master Service Agreement

Changing the Agreement. ONGOING AGREEMENTS 2A.1 When can we make changes to fixed length or non fixed length agreements? We may can make any type of change all terms of an ongoing agreement 22.1 We may change any term of the to a fixed length agreement or a non-fixed length agreement if: 1. We get your consent(a) the change will benefit or will not adversely affect you; (b) you agree to the change; or 2. We make (c) we: (i) reasonably expect the change to adversely affect you; and (ii) give you reasonable notice of the change; and, (iii) if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in accordance clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) how to obtain information about the change. 2A.5 What do we mean by fair terms? (a) When we have to give you notice of a change on fair terms, we will: (i) give you 21 days notice in writing of the change before the change occurs, and (ii) offer you the right to cancel the service within 42 days from the date of our notice in writing. (b) If you choose to cancel the service under clause 2A.5(a)(ii) above, (i) we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) (ii) you will only have to pay (A) your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and (B) any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). (c) If you have overpaid for the service because (i) the service is cancelled during a billing cycle; or (ii) the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the relevant elements of this section 22amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 22.2 We may immediately2A.6 Changes that we can make to fixed length agreements, and without notice to You even if the change (a) If the agreement is a fixed-length agreement, we can make changes to the agreement where even if they impact you, (i) if the change is in relation to the cost of international services. In this case, as our rates for international services are subject to variation, we can change the charges and do not need to tell (ii) if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We reasonably expect would consider it fair and reasonable for us to make a change to our the agreement will have; 1to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a positive effect transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on You; or 2. a neutral effect on Youtax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. 22.3 We may(b) If the agreement is a fixed-length agreement, subject to clause 22.4, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: (i) use of a reasonable alternative at no fee or charge, or (ii) a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), (c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a premium service (where We reasonably expect a we are passing on an increase in the cost charged to us by the supplier who supplies that premium service to us). If the change to our agreement will; 1. have a detrimental impact on You; and 2. We believe that detriment is no more minor. 22.4 If We change our agreement in accordance with clause 22.3, We impacts you we will: 1. Endeavour (i) wherever possible, still try to individually notify You of the change prior to the change taking effect, although give you at times this may not be possible; and 2. Individually notify You least 21 days notice in writing of the change increase in price if you have used the premium service within 90 days of the change taking effect.previous six (6) months, and 22.5 We may (ii) allow you to elect to not use the premium service without attracting any additional charges, (d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is a result of another carrier or service provider varying their agreement including increasing or introducing new charges with us so that we need to take account of taxes imposed by lawmake changes to the agreement. If We make such changes We will;the change impacts you we will : 1. Endeavour (i) whenever possible, still try to individually notify You give you at least 21 days (ii) give you 42 days from the date of the change prior notice in which you may cancel the service without incurring fees or charges other than: (A) usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and (B) any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you (a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change taking effectis likely to benefit you or have a neutral or minor detrimental impact on you. (b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: (i) will offer you the right to cancel the service without incurring fees or charges other than: (A) usage charges or access fees (incurred to the date on which the service is cancelled, although at times this may not which is the date on which you notify us you wish to cancel the service), and (B) any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be possibleused in connection with services provided by any third party); and 2. Individually notify You in writing of (ii) may offer you an alternative remedy to address the impact the change within 90 days of the change taking effecthas had on you. 22.6 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of 2A.8 How can you change anything in the change prior to your incurring any such fees; and 2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer You a reasonable alternative administrative facilityagreement? Unless expressly allowed in the agreement, and the service is conditional upon access to such a facility, offer You an opportunity to cancel that service on fair terms. 22.7 We may you cannot make any changes which are required by law or are necessary for security reasons, fraud prevention or for technical reasons. If You will be affected by the change We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We reasonably can or as soon as possible after the change has taken effectagreement without first obtaining our consent. 22.8 If We seek to make a change which affects You, but that is not covered by clauses 22.1-22.7, We may make the change by: Individually notifying You at least thirty days prior to the change taking effect.

Appears in 1 contract

Samples: Standard Form Agreement

Changing the Agreement. ONGOING AGREEMENTS We may 2A.1 When can we make changes to fixed length or non fixed length agreements? a) the change all terms of an ongoing agreementwill benefit or will not adversely affect you; 22.1 We may change any term of b) you agree to the agreement if: 1. We get your consentchange; or 2. We make c) we: i. reasonably expect the change to adversely affect you; and ii. give you reasonable notice of the change; and, iii. if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in accordance clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by xxxx message or xxxx insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change. 2A.5 What do we mean by fair terms? a) When we have to give you notice of a change on fair terms, we will: i. give you 21 days notice in writing of the change before the change occurs, and ii. offer you the right to cancel the service within 42 days from the date of our notice in writing. b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) ii. you will only have to pay A. your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). c) If you have overpaid for the service because i. the service is cancelled during a billing cycle; or ii. the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the relevant elements of this section 22amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 22.2 We may immediately2A.6 Changes that we can make to fixed length agreements, and without notice to You even if the change impacts you a) If the agreement is a fixed-length agreement, we can make changes to the agreement where even if they impact you, i. if the change is in relation to the cost of international services or roaming. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.XxxxXXX.xxx.xx/ or call Customer Service for further information; ii. if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We reasonably expect would consider it fair and reasonable for us to make a change to our the agreement will have; 1to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a positive effect transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on You; or 2. a neutral effect on Youtax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. 22.3 We mayb) If the agreement is a fixed-length agreement, subject to clause 22.4, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. use of a reasonable alternative at no fee or charge, or ii. a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium service (where We reasonably expect a we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us. If the change to our agreement will; 1. have a detrimental impact on You; and 2. We believe that detriment is no more minor. 22.4 If We change our agreement in accordance with clause 22.3, We impacts you we will: 1. Endeavour i. wherever possible, still try to individually notify You give you at least 21 days notice in writing of the change prior increase in price if you have used the content or premium service within the previous six (6) months, and ii. allow you to elect to not use the content or premium service without attracting any additional charges, d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change taking effectis a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. whenever possible, although still try to give you at times this may not be possible; and 2. Individually notify You least 21 days notice in writing of the change within 90 , and ii. give you 42 days from the date of the change taking effectnotice in which you may cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 22.5 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: i. will offer you the right to cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party); and ii. may offer you an alternative remedy to address the impact the change has had on you. Some examples of a change that would benefit you: • if we decrease a call charge or access fee; or • if we offer a new feature of the service. Some examples of a change that we consider would have a minor detrimental impact on • Withdrawing a minor feature of the service; • Changing the content available with your service; • a small increase in a content charge. An example of a change that would have a neutral impact on you would be changing the URL or website address for accessing information using the service. 2A.8 How can you change anything in the agreement? Unless expressly allowed in the agreement, you cannot make any changes to the agreement including increasing or introducing new charges to take account of taxes imposed by law. If We make such changes We will; 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effectwithout first obtaining our consent. 22.6 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of the change prior to your incurring any such fees; and 2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer You a reasonable alternative administrative facility, and the service is conditional upon access to such a facility, offer You an opportunity to cancel that service on fair terms. 22.7 We may make any changes which are required by law or are necessary for security reasons, fraud prevention or for technical reasons. If You will be affected by the change We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We reasonably can or as soon as possible after the change has taken effect. 22.8 If We seek to make a change which affects You, but that is not covered by clauses 22.1-22.7, We may make the change by: Individually notifying You at least thirty days prior to the change taking effect.

Appears in 1 contract

Samples: Standard Form of Agreement

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Changing the Agreement. ONGOING AGREEMENTS We may 2A.1 When can we make changes to fixed length or non fixed length agreements? a) the change all terms of an ongoing agreementwill benefit or will not adversely affect you; 22.1 We may change any term of b) you agree to the agreement if: 1. We get your consentchange; or 2. We make c) we: i. reasonably expect the change to adversely affect you; and ii. give you reasonable notice of the change; and, iii. if your agreement is a fixed length agreement, we also make sure that we comply with our obligations set out below. 2A.2 What must we do if we make changes to fixed length agreements? (a) Generally, if we make a change to a fixed length agreement which impacts you and it is not of the type listed in accordance clauses 2A.6 or 2A.7 below, we must give you notice in writing of the change on fair terms and the right to cancel the service. (b) If we make a change to a fixed length agreement which is of the type listed in clauses 2A.6 or 2A.7 below, we must comply with our obligations set out in clauses 2A.6 or 2A.7. 2A.3 When do we consider that a change will impact you? We consider that a change will impact you if you have used or been billed for the service affected by the change during the 6 months before our notice and we consider that the change will have more than a minor detrimental impact on you. 2A.4 What do we mean by notice in writing? When we have to give you notice in writing under clause 2A.5 below of a change to the agreement, we can do so by giving it to you in person, sending it to you by mail or to your email address (if you have agreed to allow us to tell you about changes to the agreement by email), by bill message or bill insert, or in the case of pre-paid services, by making the information available on our website or at retail outlets and informing you (by recorded message, text message or in writing) of how to obtain information about the change. 2A.5 What do we mean by fair terms? a) When we have to give you notice of a change on fair terms, we will: i. give you 21 days notice in writing of the change before the change occurs, and ii. offer you the right to cancel the service within 42 days from the date of our notice in writing. b) If you choose to cancel the service under clause 2A.5(a)(ii) above, i. we will cancel the service on the date on which you notify us that you wish to cancel the service (which must be within 42 days from the date of our notice in writing) ii. you will only have to pay A. your usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service) and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). c) If you have overpaid for the service because i. the service is cancelled during a billing cycle; or ii. the change related to a price increase that became effective prior to the date your service was cancelled then your account (if you continue to have any account with us) will be credited with the relevant elements of this section 22amount you have overpaid, or if you have stopped obtaining the service, we will use reasonable endeavours to notify you that you have overpaid and refund the overpayment. 22.2 We may immediately2A.6 Changes that we can make to fixed length agreements, and without notice to You even if the change a) If the agreement is a fixed-length agreement, we can make changes to the agreement where even if they impact you, i. if the change is in relation to the cost of international services or roaming. In this case, as our rates for international services or roaming are subject to variation, we can change the charges and do not need to tell you individually beforehand. Before you travel overseas you should contact us for indicative pricing. Go to xxxx://xxx.xxxxx0x.xxx.xx/ or call Customer Service for further information; ii. if the change is required by law or is in relation to a fee or charge to account for a tax imposed by law and it is fair and reasonable for us to do so. If we expect the change to adversely affect you, we will whenever possible, try to give you at least 21 days notice in writing of the change. We reasonably expect would consider it fair and reasonable for us to make a change to our the agreement will have; 1to account for a tax imposed by law, if the tax imposed is directed at you, the end-user and relates to your use of, and charges you must pay us for use of, the service. An example of this would be where we pass on to you an increase in the rate of a positive effect transaction tax, such as GST or stamp duty. We would not consider it fair and reasonable to pass on You; or 2. a neutral effect on Youtax imposed by law if the tax imposed is directed at us, the supplier, and affects the cost to us of supplying the service to you. 22.3 We mayb) If the agreement is a fixed-length agreement, subject to clause 22.4, we can make changes to the agreement, if the change is in relation to a fee or charge for a service ancillary to the supply of the service (for example, a billing fee or credit card transaction fee). If the change impacts you we will offer you: i. use of a reasonable alternative at no fee or charge, or ii. a right to cancel the service without incurring fees or charges other than usage charges and access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), c) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change is to increase the price of a content or premium service (where We reasonably expect a we are passing on an increase in the cost charged to us by the supplier who supplies that content service or premium service to us. If the change to our agreement will; 1. have a detrimental impact on You; and 2. We believe that detriment is no more minor. 22.4 If We change our agreement in accordance with clause 22.3, We impacts you we will: 1. Endeavour i. wherever possible, still try to individually notify You give you at least 21 days notice in writing of the change prior increase in price if you have used the content or premium service within the previous six (6) months, and ii. allow you to elect to not use the content or premium service without attracting any additional charges, d) If the agreement is a fixed-length agreement, we can make changes to the agreement, if the change taking effectis a result of another carrier or service provider varying their agreement with us so that we need to make changes to the agreement. If the change impacts you we will : i. whenever possible, although still try to give you at times this may not be possible; and 2. Individually notify You least 21 days notice in writing of the change within 90 , and ii. give you 42 days from the date of the change taking effectnotice in which you may cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party). 22.5 2A.7 Changes that are likely to benefit you or have a neutral or minor detrimental impact on you a) We can make changes to a fixed length agreement relating to the characteristics of the service (including price) if the change is likely to benefit you or have a neutral or minor detrimental impact on you. b) If you can demonstrate that such a change has had more than a minor detrimental impact on you and the change is not of a type described in paragraph 2A.6 we: i. will offer you the right to cancel the service without incurring fees or charges other than: A. usage charges or access fees (incurred to the date on which the service is cancelled, which is the date on which you notify us you wish to cancel the service), and B. any outstanding amounts that cover installation costs or equipment charges (in relation to equipment that can be used in connection with services provided by any third party); and ii. may offer you an alternative remedy to address the impact the change has had on you. Some examples of a change that would benefit you:   if we decrease a call charge or access fee; or if we offer a new feature of the service. Some examples of a change that we consider would have a minor detrimental impact on   Withdrawing a minor feature of the service; Changing the content available with your service;  a small increase in a content charge. An example of a change that would have a neutral impact on you would be changing the URL or website address for accessing information using the service. 2A.8 How can you change anything in the agreement? Unless expressly allowed in the agreement, you cannot make any changes to the agreement including increasing or introducing new charges to take account of taxes imposed by law. If We make such changes We will; 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You in writing of the change within 90 days of the change taking effectwithout first obtaining our consent. 22.6 We may increase existing charges or introduce new charges for administration facilities (eg; credit card payments). If We make such changes and You are an affected customer We will; 1. Individually notify You of the change prior to your incurring any such fees; and 2. Offer You a reasonable alternative administrative facility with no additional charges; or 3. If We are unable to offer You a reasonable alternative administrative facility, and the service is conditional upon access to such a facility, offer You an opportunity to cancel that service on fair terms. 22.7 We may make any changes which are required by law or are necessary for security reasons, fraud prevention or for technical reasons. If You will be affected by the change We will: 1. Endeavour to individually notify You of the change prior to the change taking effect, although at times this may not be possible; and 2. Individually notify You with as much warning as We reasonably can or as soon as possible after the change has taken effect. 22.8 If We seek to make a change which affects You, but that is not covered by clauses 22.1-22.7, We may make the change by: Individually notifying You at least thirty days prior to the change taking effect.

Appears in 1 contract

Samples: Digital Mobile Service Agreement

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