Common use of Contract Duration and Termination Clause in Contracts

Contract Duration and Termination. 8.1 Contract Duration and Termination by Customer. Unless the Service Agreement or other Written Contract ZLs a different contract duration period, these Terms and Conditions and the Complete Agreement as a whole shall be effective (the “Effective Date”) beginning on the earlier of (a) the date of installation or (b) the date Customer and ZettaLync enter into a binding contractual arrangement. Unless the Service Agreement or other Written Contract ZLs a different contract duration period, the contract duration period (the “Initial Term”) shall be one year from the Effective Date. Upon expiration of the Initial Term or an Agreed Renewal Term, the parties may (a) continue to do business without a fixed contract duration, on the terms of the Complete Agreement, as ZettaLync may modify them by Website Posting or other means, in which case either party may terminate the Service on 30 days’ notice to the other, or (b) expressly agree in writing to an extend the contract for a specific period of time (“Agreed Renewal Term”). Choice (a) is the default. Please see Paragraph 5 and 16 for a discussion of the broad right of ZettaLync to change terms and conditions after expiration of the Initial Term or an Agreed Renewal Term and the narrower right of ZettaLync to change terms and conditions during the Initial Term or an Agreed Renewal Term. For Services billed by a Fixed Service Fee, Customer may only terminate prior to the end of the Initial Term or Agreed Renewal Term, by giving written notice to ZettaLync and paying a Fixed Service Fee Termination Amount equal to the number of months remaining in the Term times the amount of the monthly Fixed Service Fee (“Fixed Service Fee Termination Amount”). For Services billed pursuant to Usage Fees, Customer may only terminate prior to the end of the Initial Term or Agreed Renewal Term by giving written notice to ZettaLync and by payment of a Usage Fee Termination Amount equal to the number of months remaining in the Term times the average of the prior three (or if less than three months have elapsed, average over the actual number of months elapsed) months’ Usage Fees (“Usage Fee Termination Amount”). All Fixed Service Fee Termination Amounts and Usage Fee Termination Amounts described herein shall be referred to herein from time to time as “Termination Fees.” Upon receiving notice of Customer’s early termination, ZettaLync shall calculate and invoice Termination Fees, and ZettaLync reserves the right to declare the Customer’s notice of termination null and void if Customer does not pay the Termination Fees within 10 days after being invoiced for them.

Contract Duration and Termination. 8.1 Contract Duration and Termination by Customer. Unless the Service Agreement or other Written Contract ZLs ZettaLync a different contract duration period, these Terms and Conditions and the Complete Agreement as a whole shall be effective (the “Effective Date”) beginning on the earlier of (a) the date of installation or (b) the date Customer and ZettaLync enter into a binding contractual arrangement. Unless the Service Agreement or other Written Contract ZLs ZettaLync a different contract duration period, the contract duration period (the “Initial Term”) shall be one year from the Effective Date. Upon expiration of the Initial Term or an Agreed Renewal Term, the parties may (a) continue to do business without a fixed contract duration, on the terms of the Complete Agreement, as ZettaLync may modify them by Website Posting or other means, in which case either party may terminate the Service on 30 days’ notice to the other, or (b) expressly agree in writing to an extend the contract for a specific period of time (“Agreed Renewal Term”). Choice (a) is the default. Please see Paragraph 5 and 16 for a discussion of the broad right of ZettaLync to change terms and conditions after expiration of the Initial Term or an Agreed Renewal Term and the narrower right of ZettaLync to change terms and conditions during the Initial Term or an Agreed Renewal Term. For Services billed by a Fixed Service Fee, Customer may only terminate prior to the end of the Initial Term or Agreed Renewal Term, by giving written notice to ZettaLync and paying a Fixed Service Fee Termination Amount equal to the number of months remaining in the Term times the amount of the monthly Fixed Service Fee (“Fixed Service Fee Termination Amount”). For Services billed pursuant to Usage Fees, Customer may only terminate prior to the end of the Initial Term or Agreed Renewal Term by giving written notice to ZettaLync and by payment of a Usage Fee Termination Amount equal to the number of months remaining in the Term times the average of the prior three (or if less than three months have elapsed, average over the actual number of months elapsed) months’ Usage Fees (“Usage Fee Termination Amount”). All Fixed Service Fee Termination Amounts and Usage Fee Termination Amounts described herein shall be referred to herein from time to time as “Termination Fees.” Upon receiving notice of Customer’s early termination, ZettaLync shall calculate and invoice Termination Fees, and ZettaLync reserves the right to declare the Customer’s notice of termination null and void if Customer does not pay the Termination Fees within 10 days after being invoiced for them.

Contract Duration and Termination. 8.1 Contract Duration and Termination by Customer. Unless the Service Agreement or other Written Writ- ten Contract ZLs sets a different contract duration period, these Terms and Conditions and the Complete Com- plete Agreement as a whole shall be effective (the “Effective Date”) beginning on the earlier of (a) the date of installation or (b) the date Customer and ZettaLync SET enter into a binding contractual arrangementarrange- ment. Unless the Service Agreement or other Written Contract ZLs sets a different contract duration period, the contract duration period (the “Initial Term”) shall be one year from the Effective Date. Upon expiration of the Initial Term or an Agreed Renewal Term, the parties may (a) continue to do business without a fixed contract duration, on the terms of the Complete Agreement, as ZettaLync SET may modify them by Website Posting or other means, in which case either party may terminate the Service Ser- vice on 30 days’ notice to the other, or (b) expressly agree in writing to an extend the contract for a specific period of time (“Agreed Renewal Term”). Choice (a) is the default. Please see Paragraph 5 and 16 for a discussion of the broad right of ZettaLync SET to change terms and conditions after expiration expira- tion of the Initial Term or an Agreed Renewal Term and the narrower right of ZettaLync SET to change terms and conditions during the Initial Term or an Agreed Renewal Term. For Services billed by a Fixed Service Fee, Customer may only terminate prior to the end of the Initial Term or Agreed Renewal Term, by giving written notice to ZettaLync SET and paying a Fixed Service Fee Termination Amount equal to the number of months remaining in the Term times the amount of the monthly Fixed Service Fee (“Fixed Service Fee Termination Amount”). For Services billed pursuant to Usage Fees, Customer may only terminate prior to the end of the Initial Term or Agreed Renewal Term by giving written notice no- xxxx to ZettaLync SET and by payment of a Usage Fee Termination Amount equal to the number of months remaining re- maining in the Term times the average of the prior three (or if less than three months have elapsed, average over the actual number of months elapsed) months’ Usage Fees (“Usage Fee Termination Amount”). All Fixed Service Fee Termination Amounts and Usage Fee Termination Amounts described de- scribed herein shall be referred to herein from time to time as “Termination Fees.” Upon receiving notice of Customer’s early termination, ZettaLync SET shall calculate and invoice Termination Fees, and ZettaLync SET reserves the right to declare the Customer’s notice of termination null and void if Customer does not pay the Termination Fees within 10 days after being invoiced for them.