End of Agreement. Services provided under this software as a service agreement shall be provided for the period defined in Account Creation unless earlier terminated in accordance with the agreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services term, all rights to access or use the services, including the SkillsTX programs listed in the ordering document, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non- breaching party may terminate the applicable Account Creation under which the breach occurred. If SkillsTX ends the Account Creation as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services ordered under the agreement plus related taxes and expenses. If SkillsTX ends the services under the Indemnification section, you must pay within 30 days all amounts remaining unpaid for services plus related taxes and expenses. The nonbreaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreement, you may not use the services ordered. You further agree that if you have used an SkillsTX Financing Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the services that are subject to such contract. In addition, SkillsTX may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay SkillsTX as required under the agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections C, D, N or R of this agreement. SkillsTX may terminate the services hereunder if any if the foregoing is not cured within 30 days after SkillsTX’s initial notice thereof. Any suspension by SkillsTX of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 days after the termination of the applicable ordering document, SkillsTX may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that SkillsTX has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
End of Agreement. Services provided under this software as a service agreement shall be provided for the period defined in Account Creation the ordering document unless earlier terminated in accordance with the agreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services term, all rights to access or use the services, including the SkillsTX Destiny programs listed in the ordering document, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 15 days of written specification of the breach, then the breaching party is in default and the non- non-breaching party may terminate the applicable Account Creation ordering document under which the breach occurred. If SkillsTX Destiny ends the Account Creation ordering document as specified in the preceding sentence, you must pay within 30 15 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services ordered under the agreement plus related taxes and expenses. If SkillsTX Destiny ends the services under the Indemnification section, you must pay within 30 15 days all amounts remaining unpaid for services plus related taxes and expenses. The nonbreaching non-breaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreement, you may not use the services ordered. You further agree that if you have used an SkillsTX a Destiny Financing Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the services that are subject to such contract. In addition, SkillsTX Destiny may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay SkillsTX Destiny as required under the agreement and do not cure within the first ten 7 days of the 30 15 day cure period, or (ii) if you violate any provision within sections C, D, N or R of this software as a service agreement. SkillsTX Destiny may terminate the services hereunder if any if of the foregoing is not cured within 30 15 days after SkillsTXDestiny’s initial notice thereof. Any suspension by SkillsTX Destiny of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 30 days after the termination of the applicable ordering document, SkillsTX Destiny may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that SkillsTX Destiny has no obligation to retain your data and that your data may be irretrievably deleted after 60 30 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
Appears in 1 contract
Samples: Software as a Service Agreement
End of Agreement. Article 12.1 Services provided under this software as a service agreement Agreement shall be provided for the period defined in Account Creation the Ordering Document unless earlier terminated in accordance with the agreementAgreement. The term of the services Services and any renewal years are collectively defined as the “services termServices Term.” At the end of the services termServices Term, all rights to access or use the servicesServices, including the SkillsTX TechniPhi programs listed in the ordering documentOrdering Document, shall end. .
Article 12.2 If either of us breaches a material term of the agreement Agreement and fails to correct the breach within 30 60 days of written specification of the breach, then the breaching party is in default and the non- breaching party may terminate the applicable Account Creation Ordering Document under which the breach occurred. If SkillsTX TechniPhi ends the Account Creation Ordering Document as specified in the preceding sentence, you You must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services Services ordered under the agreement Agreement plus related taxes and expenses. If SkillsTX TechniPhi ends the services Services under the Indemnification section, you You must pay within 30 days all amounts remaining unpaid for services Services plus related taxes and expenses. The nonbreaching non-breaching party may agree in its sole discretion to extend the 30 30-day period for so long as the breaching party continues reasonable efforts to cure the breach. .
Article 12.3 You agree that if you You are in default under the agreementAgreement, you You may not use the services Services ordered. You further agree that if you You have used an SkillsTX Financing Division a TechniPhi contract to pay for the fees due under an order and you You are in default under that contract, you You may not use the services Services that are subject to such contract. In addition, SkillsTX TechniPhi may immediately suspend your Your password, account, and access to or use of the services (i) Services if you You fail to pay SkillsTX TechniPhi as required under the agreement Agreement and do not cure within the first ten days of the 30 30- day cure period, or (ii) if you violate any provision within sections C, D, N or R of this agreement. SkillsTX TechniPhi may terminate the services Services hereunder if any if of the foregoing is not cured within 30 days after SkillsTXTechniPhi’s initial notice thereof. Any suspension by SkillsTX TechniPhi of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 days after the termination of the applicable ordering document, SkillsTX may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that SkillsTX has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.Services
Appears in 1 contract
Samples: Terms and Conditions Agreement
End of Agreement. Services provided under The initial term of this software as a service agreement Agreement shall be provided as specified in the Sales Order and shall automatically renew for additional one (1) year periods at the same price for the period defined in Account Creation Services unless earlier terminated by written notice provided by you or VOW no later than thirty (30) days prior to the expiration of the initial term or any renewal term, or unless this Agreement is otherwise terminated in accordance with the agreementits terms. The term of the services Services and any renewal years are collectively defined as the “services termServices Term.” Notwithstanding the foregoing, you may terminate this Agreement at any time by providing thirty (30) days prior written notice together with a payment to VOW of a termination fee equal to fifty percent (50%) the remaining contract value of this Agreement. At the end of the services termServices Term, all rights to access or use the servicesServices, including the SkillsTX programs VOW Programs listed in the ordering document, shall end. If either of us breaches a material term of the agreement this Agreement and fails to correct the breach within 30 days of written specification notice of the breach, then the breaching party is in default and the non- non-breaching party may terminate the applicable Account Creation Sales Order under which the breach occurred. If SkillsTX VOW ends the Account Creation Sales Order as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services Services ordered under the agreement this Agreement plus related taxes and expenses. If SkillsTX VOW ends the services Services under the Indemnification section, you must pay within 30 days all amounts remaining unpaid for services Services plus related taxes and expenses. The nonbreaching non-breaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreementthis Agreement, you may not use the services Services ordered. You further agree that if you have used an SkillsTX Financing Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the services that are subject to such contract. In addition, SkillsTX VOW may immediately suspend your password, account, and access to or use of the services Services (i) if you fail to pay SkillsTX VOW as required under the agreement this Agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections Sections C, D, N K or R M of this agreementAgreement. SkillsTX VOW may terminate the services Services hereunder if any if of the foregoing is not cured within 30 days after SkillsTXVOW’s initial notice thereof. Any suspension by SkillsTX VOW of the services Services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreementthis Agreement. At your request, and for a period of up to 60 days after the termination of the applicable ordering documentSales Order, SkillsTX VOW may permit you to access the services Services solely to the extent necessary for you to retrieve a file of your data then in the services Services environment. You agree and acknowledge that SkillsTX VOW has no obligation to retain your data and that your data may will be irretrievably deleted after 60 days following handled in accordance with the termination of Business Associate Agreement entered into between you and VOW (the ordering document“BAA”). Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
Appears in 1 contract
Samples: Terms and Conditions
End of Agreement. Services provided under this software as a service agreement shall be provided for the period defined in Account Creation the ordering document unless earlier terminated in accordance with the agreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services term, all rights to access or use the services, including the SkillsTX FieldServio programs listed in the ordering document, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non- breaching nonbreaching party may terminate the applicable Account Creation ordering document under which the breach occurred. If SkillsTX Standpoint ends the Account Creation ordering document as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services ordered under the agreement plus related taxes and expenses. If SkillsTX Standpoint ends the services under the Indemnification section, you must pay within 30 days all amounts remaining unpaid for services plus related taxes and expenses. The nonbreaching non-breaching party may agree in its sole discretion to extend the 30 30-day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreement, you may not use the services ordered. You further agree that if you have used an SkillsTX Financing Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the services that are subject to such contract. In addition, SkillsTX Standpoint may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay SkillsTX Standpoint as required under the agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections C, D, N or R of this software as a service agreement. SkillsTX Standpoint may terminate the services hereunder if any if of the foregoing is not cured within 30 days after SkillsTXStandpoint’s initial notice thereof. Any suspension by SkillsTX Standpoint of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 days after the termination of the applicable ordering document, SkillsTX Standpoint may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that SkillsTX Standpoint has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the ordering document. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
Appears in 1 contract
Samples: Software as a Service Agreement