CHANGING THIS AGREEMENT. 5.1 Subject to Clause 5.2, we may change this Agreement (including changing or introducing new Charges or changing or withdrawing the Services or Third Party Services) on written notice to you. We will use reasonable efforts to give you at least 14 days prior written notice of these changes. 5.2 Notwithstanding anything in this Agreement but subject to Clause 5.3, in April of each year, we may introduce an increase to all or any Charges by an amount up to or equal to the UK Retail Price Index (RPI) “All Items” rate published by the Office for National Statistics (or by any other body to which the functions of that office may be transferred) in January of that year. If the RPI rate is a decrease, Charges will not be reduced and if that index is not published for the given month, Vodafone may use a substituted index or index figures published by that office for that month. Vodafone may not notify the Customer of a change under this clause 5.2. 5.3 If we change this Agreement to your material detriment then we will notify you at least 30 days prior to the change. You may then end this Agreement by providing 30 days prior written notice to us which you must provide within 30 days of our original notice of change under clause 5.1 and if you do this, the changes shall not apply to you during the notice period. This clause 5.3 shall not apply where we have changed the Agreement to comply with applicable laws or regulations. The following shall be a material detriment for the purposes of this clause: (a) any increase in your UK standard Charges of more than 10% (in aggregate) in a 12 month period; (b) an increase in your monthly inclusive price plan Charges save as set out in clause 5.2; or (c) a withdrawal of the core Services or an adverse change to the core Services. 5.4 Save as set out in this Clause 5, changes to this Agreement must be made by written agreement signed by both Parties.
Appears in 1 contract
Samples: General Terms Agreement
CHANGING THIS AGREEMENT. 5.1 Subject to Clause clause 5.2, we may may, on written notice to you, change this Agreement (including changing or introducing new Charges or changing or withdrawing the Services or Third Party Services): (i) on written notice where required to youcomply with applicable laws or regulations; (ii) due to a change in our or a third party provider’s charges, out-payments, operations or services; or (iii) where we reasonably determine the change is needed to maintain or improve the quality of the Service. We will use reasonable efforts to give you at least 14 days prior written notice of these changes.
5.2 Notwithstanding anything in this Agreement but subject to Clause 5.3, in In April of each year, we may will introduce an increase to all or any Charges by an amount up to or equal to the UK Retail Price Index (RPI) “All Items” rate published by the Office for National Statistics (or by any other body to which the functions of that office may be transferred) in January of that year. If the RPI rate is a decrease, Charges will not be reduced and if that index is not published for the given month, Vodafone may use a substituted index or index figures published by that office for that month. Vodafone may not notify the Customer of a change under this clause 5.2.
5.3 If we change this Agreement to your material detriment detriment, then we will notify you at least 30 days prior to the change. You may then end this Agreement by providing 30 days prior written notice to us which you must provide within 30 days of our original notice of change under clause 5.1 and if you do this, the changes shall not apply to you during the notice period. This clause 5.3 shall not apply where we have changed the Agreement to comply with applicable laws or regulationsregulations or any change to implement the RPI change set out in clause 5.2 above. The following shall be a material detriment for the purposes of this clause: (a) any increase in your UK standard Charges of more than 10% (in aggregate) in a 12 12-month period; (b) an increase in your monthly inclusive price plan Charges save as set out in clause 5.2; or (c) a withdrawal of the core Services or an adverse change to the core Services.
5.4 Save as set out in this Clause 5, changes to this Agreement must be made by written agreement signed by both Parties.;
Appears in 1 contract
Samples: General Terms Agreement
CHANGING THIS AGREEMENT. 5.1 Subject to Clause clause 5.2, we may may, on written notice to you, change this Agreement (including changing or introducing new Charges or changing or withdrawing the Services or Third Party Services): (i) on written notice where required to youcomply with applicable laws or regulations; (ii) due to a change in our or a third party provider’s charges, out-payments, operations or services; or (iii) where we reasonably determine the change is needed to maintain or improve the quality of the Service. We will use reasonable efforts to give you at least 14 days prior written notice of these changes.
5.2 Notwithstanding anything in this Agreement but subject to Clause 5.3, in In April of each year, we may will introduce an increase to all or any Charges by an amount up to or equal to the UK Retail Price Index (RPI) “All Items” rate published by the Office for National Statistics (or by any other body to which the functions of that office may be transferred) in January of that year. If the RPI rate is a decrease, Charges will not be reduced and if that index is not published for the given month, Vodafone may use a substituted index or index figures published by that office for that month. Vodafone may not notify the Customer of a change under this clause 5.2.
5.3 If we change this Agreement to your material detriment then we will notify you at least 30 days prior to the change. You may then end this Agreement by providing 30 days prior written notice to us which you must provide within 30 days of our original notice of change under clause 5.1 and if you do this, the changes shall not apply to you during the notice period. This clause 5.3 shall not apply where we have changed the Agreement to comply with applicable laws or regulationsregulations or any change to implement the RPI change set out in clause 5.2 above. The following shall be a material detriment for the purposes of this clause: (a) any increase in your UK standard Charges of more than 10% (in aggregate) in a 12 month period; (b) an increase in your monthly inclusive price plan Charges save as set out in clause 5.2; or (c) a withdrawal of the core Services or an adverse change to the core Services.
5.4 Save as set out in this Clause 5, changes to this Agreement must be made by written agreement signed by both Parties.;
Appears in 1 contract
Samples: General Terms Agreement
CHANGING THIS AGREEMENT. 5.1 Subject to Clause 5.2, we We may change this Agreement (including changing or introducing new Charges or changing or withdrawing the Services or Third Party Services) on written notice to you. We will use reasonable efforts to give you at least 14 days prior written notice of these changes.
5.2 Notwithstanding anything in this Agreement but subject to Clause 5.3, in April of each year, we may introduce an increase to all or any Charges by an amount up to or equal to the UK Retail Price Index (RPI) “All Items” rate published by the Office for National Statistics (or by any other body to which the functions of that office may be transferred) in January of that year. If the RPI rate is a decrease, Charges will not be reduced and if that index is not published for the given month, Vodafone may use a substituted index or index figures published by that office for that month. Vodafone may not notify the Customer of a change under this clause 5.2.
5.3 If we change this Agreement to your material detriment then we will notify you at least 30 days prior to the change. You may then end this Agreement by providing 30 days prior written notice to us which you must provide within 30 14 days of our original notice of change under clause 5.1 and if you do this, the changes shall not apply to you during the notice period. This clause 5.3 clause
5.2 shall not apply where we have changed the Agreement to comply with applicable laws or regulations. The following shall be a material detriment for the purposes of this clause: :
(a) any increase in your UK standard monthly Charges of more than 10% (in aggregate) in a 12 month period; (b) an increase in your monthly inclusive price plan Charges save as set out in clause 5.2Charges; or (c) following the Commencement Date a withdrawal of the core Services or an adverse change to the core Services.
5.3 Where we are unable to deliver fixed line services to more than 80% of your sites (as set out in the Order Form(s)), we shall provide notice pursuant to clause 5.1 or where applicable, pursuant to section 8 of the Service Terms. Following such notice, you may:
(a) end this Agreement by providing 30 days prior written notice to us which you must provide within 14 days of our original notice of change under clause 5.1 or section 8 of the Service Terms;
(b) elect to continue receiving only the mobile element of the Service by providing us with written notice within 14 days of our original notice of change; or
(c) continue receiving the mobile element of the Service and any fixed line Service that can be or has been delivered (where you have not provided notice under clause 5.3(a) or 5.3(b), this clause 5.3(c) shall apply).
5.4 Where clause 5.3(a), 5.3(b) or 5.3(c) apply, the Investment Fund shall be re-calculated and if any outstanding balance cannot be set-off by Vodafone, you shall pay us the Investment Fund Repayment.
5.5 Where you provide notice under clause 5.3 (b):
(a) we shall have no further obligation to provide any fixed line Services under this Agreement;
(b) the Charges payable by you in respect of the fixed element of the Service (as set out in the Order Form) shall no longer apply; and
(c) the Minimum Term shall be amended and replaced with a Minimum Term of either 24, 36 or 60 months (this shall be at your discretion and shall be set out in your notice pursuant to clause 5.3(b)).
5.6 Save as set out in this Clause clause 5, changes to this Agreement must be made by written agreement signed by of both Parties.
Appears in 1 contract
Samples: Service Agreement
CHANGING THIS AGREEMENT. 5.1 Subject to Clause clause 5.2, we may may, on written notice to you, change this Agreement (including changing or introducing new Charges or changing or withdrawing the Services or Third Party Services): (i) on written notice where required to youcomply with applicable laws or regulations; (ii) due to a change in our or a third party provider’s charges, out-payments, operations or services; or (iii) where we reasonably determine the change is needed to maintain or improve the quality of the Service. We will use reasonable efforts to give you at least 14 days prior written notice of these changes.
5.2 Notwithstanding anything in this Agreement but subject to Clause 5.3, in In April of each year, we may will introduce an increase to all or any Charges by an amount up to or a percentage equal to to: (a) the UK Retail Consumer Price Index (RPI“CPI”) “All Items” rate published by the Office for National Statistics (or by any other body to which the functions of that office may be transferred) in January of that yearyear (“CPI Rate”); and (b) an additional 3.9% of all or any Charges on top of the CPI Rate. In the event that the CPI Rate is negative, this shall be ignored and the additional 3.9% shall still apply. If the RPI rate is a decrease, Charges will not be reduced and if that index CPI Rate is not published for the given month, Vodafone may use a substituted index or index figures published by that office for that month. Vodafone may not notify the Customer of a change under this clause 5.2.
5.3 If we change this Agreement to your material detriment then we will notify you at least 30 days prior to the change. You may then end this Agreement by providing 30 days prior written notice to us which you must provide within 30 days of our original notice of change under clause 5.1 and if you do this, the changes shall not apply to you during the notice period. This clause 5.3 shall not apply where we have changed the Agreement to comply with applicable laws or regulationsregulations or any change to implement the CPI +3.9% change set out in clause 5.2 above. The following shall be a material detriment for the purposes of this clause: (a) any increase in your UK standard Charges of more than 10% (in aggregateaggregate and excluding any annual increase made in accordance with clause 5.2) in a 12 month period; (b) an increase in your monthly inclusive price plan Charges save as set out in clause 5.2; or (c) a withdrawal of the core Services or an adverse change to the core Services.
5.4 Save as set out in this Clause 5, changes to this Agreement must be made by written agreement signed by both Parties.;
Appears in 1 contract
Samples: General Terms Agreement