Common use of Deactivation Clause in Contracts

Deactivation. You can deactivate a company or fund at any time during the Subscription Period. Deactivated companies or funds are included in the total number of companies or funds in a Subscription. Declaration You acknowledge that BGL, through its Software, is not providing an agent service and is not responsible for the preparation of any taxation, superannuation or other related documents on behalf of Your business / entity. It can, however, submit transmissions (e.g. lodgements and prefill) through the SBR channel that Your business / entity chooses to make through this Software. The parties each declare that nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, joint venture, or partnership between the parties. Error Rectification All software contains errors also known as “bugs”. BGL will rectify Software errors as follows: Critical errors, no workaround available - The entire application(s), components or business functionality will not work, and no workaround is available. The business impact of the error is critical. Users are prevented from using the system. BGL will work urgently until the error is resolved. Major errors, workaround available - The entire application(s), components or business functionality will not work but a business workaround is available. The business impact of the error is high. Users are hindered from being able to utilise the system and/or their productivity is lowered. BGL will rectify the error within 10 days. Medium errors, workaround available - A minor part of the application(s) or business functionality does not work as expected. The business functionality is nominally compromised. The business impact of the error is medium. The user is partially hindered from being able to utilise the system but also has a reasonable workaround. BGL will rectify the error within 30 days. Minor errors - The function does not perform as expected, however business functionality is not compromised. The business impact of the issue is low. The error does not impair users from utilising the system. BGL will rectify the error within 90 days. Errors and Omissions BGL or the Owner(s) of the Software shall not be held liable for any errors or omissions in the Software and shall not be held liable for any consequential, direct or indirect loss incurred by You as a result of the use of the Software. Fair Use Policy BGL’s Fair Use Policy is intended to ensure the availability of the Software to all subscribers. BGL may apply the Fair Use Policy where Your usage of the Software is: ● Fraudulent, ● involves a non-ordinary use, ● causes significant congestion, disruption or otherwise adversely affect the performance of the Software or related services, or ● adversely affects another subscriber’s use of or access to the Software or related services. In the event You breach the Fair Use Policy, BGL will give You with 3 days to rectify Your breach. If You do not rectify Your breach within those 3 days, BGL reserves the right to cancel Your Subscription or limit Your access to the Software. General Obligations You must only use the Software for Your own lawful business purposes, in accordance with this Agreement and any notice sent by BGL to You or any condition posted on the BGL Website. Should You not accept a change to this Agreement made by BGL, You can cancel Your Subscription and receive a pro rata refund for any Subscription Fees paid in advance.

Appears in 5 contracts

Samples: Cloud Software Subscription Agreement, Cloud Software Subscription Agreement, Cloud Software Subscription Agreement

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Deactivation. You can deactivate a company or fund at any time during the Subscription Period. Deactivated companies or funds are included in the total number of companies or funds in a Subscription. Declaration You acknowledge that BGL, through its Software, is not providing an agent service and is not responsible for the preparation of any taxation, superannuation or other related documents on behalf of Your business / entity. It can, however, submit transmissions (e.g. lodgements and prefill) through the SBR channel that Your business / entity chooses to make through this Software. The parties each declare that nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, joint venture, or partnership between the parties. Error Rectification All software contains errors also known as “bugs”. BGL will rectify Software errors as follows: Critical errors, no workaround available - The entire application(s), components or business functionality will not work, and no workaround is available. The business impact of the error is critical. Users are prevented from using the system. BGL will work urgently until the error is resolved. Major errors, workaround available - The entire application(s), components or business functionality will not work but a business workaround is available. The business impact of the error is high. Users are hindered from being able to utilise the system and/or their productivity is lowered. BGL will rectify the error within 10 days. Medium errors, workaround available - A minor part of the application(s) or business functionality does not work as expected. The business functionality is nominally compromised. The business impact of the error is medium. The user is partially hindered from being able to utilise the system but also has a reasonable workaround. BGL will rectify the error within 30 days. Minor errors - The function does not perform as expected, however business functionality is not compromised. The business impact of the issue is low. The error does not impair users from utilising the system. BGL will rectify the error within 90 days. Errors and Omissions BGL or the Owner(s) of the Software shall not be held liable for any errors or omissions in the Software and shall not be held liable for any consequential, direct or indirect loss incurred by You as a result of the use of the Software. Fair Use Policy BGL’s Fair Use Policy is intended to ensure the availability of the Software to all subscribers. BGL may apply the Fair Use Policy where Your usage of the Software is: ● Fraudulent, ● involves a non-ordinary use, ● causes significant congestion, disruption or otherwise adversely affect the performance of the Software or related services, or ● adversely affects another subscriber’s use of or access to the Software or related services. In the event You breach the Fair Use Policy, BGL will give You provide you with 3 days for You to rectify Your breach. If You do not rectify Your breach within those 3 days, BGL reserves the right to cancel Your Subscription subscription or limit Your access to the Software. General Obligations You must only use the Software for Your own lawful business purposes, in accordance with this Agreement and any notice sent by BGL to You or any condition posted on the BGL Website. Should You not accept a change to this Agreement made by BGL, You can cancel Your Subscription and receive a pro rata refund for any Subscription Fees paid in advance.

Appears in 4 contracts

Samples: Cloud Software Subscription Agreement, Cloud Software Subscription Agreement, Cloud Software Subscription Agreement

Deactivation. You can deactivate a company or fund at any time during the Subscription Period. Deactivated companies or funds are included in the total number of companies or funds in a Subscription. Declaration You acknowledge that BGL, through its Software, is not providing an agent service and is not responsible for the preparation of any taxation, superannuation or other related documents on behalf of Your business / entity. It can, however, submit transmissions (e.g. lodgements and prefill) through the SBR channel that Your business / entity chooses to make through this Software. The parties each declare that nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, joint venture, or partnership between the parties. Error Rectification All software contains errors also known as “bugs”. BGL will rectify Software errors as follows: Critical errors, no workaround available - The entire application(s), components or business functionality will not work, and no workaround is available. The business impact of the error is critical. Users are prevented from using the system. BGL will work urgently until the error is resolved. Major errors, workaround available - The entire application(s), components or business functionality will not work but a business workaround is available. The business impact of the error is high. Users are hindered from being able to utilise the system and/or their productivity is lowered. BGL will rectify the error within 10 days. Medium errors, workaround available - A minor part of the application(s) or business functionality does not work as expected. The business functionality is nominally compromised. The business impact of the error is medium. The user is partially hindered from being able to utilise the system but also has a reasonable workaround. BGL will rectify the error within 30 days. Minor errors - The function does not perform as expected, however business functionality is not compromised. The business impact of the issue is low. The error does not impair users from utilising the system. BGL will rectify the error within 90 days. Errors and Omissions BGL or the Owner(s) of the Software shall not be held liable for any errors or omissions in the Software and shall not be held liable for any consequential, direct or indirect loss incurred by You as a result of the use of the Software. Fair Use Policy BGL’s Fair Use Policy is intended to ensure the availability of the Software to all subscribers. BGL may apply the Fair Use Policy where Your usage of the Software is: ● Fraudulent, ● involves a non-ordinary use, ● causes significant congestion, disruption or otherwise adversely affect the performance of the Software or related services, or ● adversely affects another subscriber’s use of or access to the Software or related services. In the event You breach the Fair Use Policy, BGL will give You with 3 business days to rectify Your breach. If You do not rectify Your breach within those 3 business days, BGL reserves the right to cancel Your Subscription or limit Your access to the Software. General Obligations You must only use the Software for Your own lawful business purposes, in accordance with this Agreement and any notice sent by BGL to You or any condition posted on the BGL Website. Should You not accept a change to this Agreement made by BGL, You can cancel Your Subscription and receive a pro rata refund for any Subscription Fees paid in advance.

Appears in 2 contracts

Samples: Cloud Software Subscription Agreement, Cloud Software Subscription Agreement

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Deactivation. You can deactivate a company or fund at any time during the Subscription Period. Deactivated companies or funds are included in the total number of companies or funds in a Subscription. Declaration You acknowledge that BGL, through its Software, is not providing an agent service and is not responsible for the preparation of any taxation, superannuation or other related documents on behalf of Your business / business/entity. It can, however, submit transmissions (e.g. lodgements and prefill) through the SBR channel that Your business / business/entity chooses to make through this Software. The parties each declare that nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, joint venture, or partnership between the parties. Error Rectification All software contains errors also known as “bugs”. BGL will rectify Software errors as follows: Critical errors, no workaround available - The entire application(s), components or business functionality will not work, and no workaround is available. The business impact of the error is critical. Users are prevented from using the system. BGL will work urgently until the error is resolved. Major errors, workaround available - The entire application(s), components or business functionality will not work but a business workaround is available. The business impact of the error is high. Users are hindered from being able to utilise the system and/or their productivity is lowered. BGL will rectify the error within 10 days. Medium errors, workaround available - A minor part of the application(s) or business functionality does not work as expected. The business functionality is nominally compromised. The business impact of the error is medium. The user is partially hindered from being able to utilise the system but also has a reasonable workaround. BGL will rectify the error within 30 days. Minor errors - The function does not perform as expected, however business functionality is not compromised. The business impact of the issue is low. The error does not impair users from utilising the system. BGL will rectify the error within 90 days. Errors and Omissions BGL or the Owner(s) of the Software shall not be held liable for any errors or omissions in the Software and shall not be held liable for any consequential, direct or indirect loss incurred by You as a result of the use of the Software. Fair Use Policy BGL’s Fair Use Policy is intended to ensure the availability of the Software to all subscribers. BGL may apply the Fair Use Policy where Your usage of the Software is: ● Fraudulent, ● involves a non-ordinary use, ● causes significant congestion, disruption or otherwise adversely affect the performance of the Software or related services, or ● adversely affects another subscriber’s use of or access to the Software or related services. In the event You breach the Fair Use Policy, BGL will give You provide you with 3 days for You to rectify Your breach. If You do not rectify Your breach within those 3 days, BGL reserves the right to cancel Your Subscription subscription or limit Your access to the Software. General Obligations You must only use the Software for Your own lawful business purposes, in accordance with this Agreement and any notice sent by BGL to You or any condition posted on the BGL Website.BGL acknowledges that You use the Software to provide services to third parties and to Your associated entities. Should You not accept a change to this Agreement made by BGL, You can cancel Your Subscription and receive a pro pro-rata refund for any Subscription Fees paid in advance.

Appears in 1 contract

Samples: Cloud Software Subscription Agreement

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