Common use of Ending the Services and this Agreement Clause in Contracts

Ending the Services and this Agreement. Either you or us may end this Agreement at any time for any reason by giving the other notice which, if Your Plan is an annual plan, must be given at least 30 days beforehand. If Your Plan is a paid plan and we end the Agreement for any reason other than those set out below, then we will provide you with a pro-rata refund of any fees you have paid for your then current Subscription Term, from the date the Agreement ends until the scheduled expiry date of that Subscription Term. We only have to provide this refund if you request it in writing within 60 days of the date the Agreement ends. We may also immediately end this Agreement at any time if you have breached any of the terms of this Agreement or we (in our sole discretion) consider it necessary or reasonable to do so (for example, to protect the Services and the use of them by anyone else or where our ability or right to provide any part of the Services or any Plugin has been suspended, terminated or restricted). We will notify you if we end the Agreement in these circumstances. Where we are entitled to end this Agreement we may choose to end, suspend, downgrade or restrict your access and use of the Services and/or any Plugin, and we can do so without notifying you. To avoid any doubt, the exercise of those rights to end, suspend or restrict will never prevent us from exercising our rights to end the Agreement, and we can exercise the rights to suspend or restrict more than once for the same or different reasons. Ending this Agreement or any of the Services does not affect: ● clauses 10 (Ownership), 12 (Disclaimers), 13 (Ending the Services and this Agreement), 14 (Liability) and 15 (General), which will continue to operate; ● the provisions of any Data Terms that expressly, or by their nature, survive the ending or termination of this agreement or any services; or ● any rights or remedies that have accrued beforehand.

Appears in 3 contracts

Samples: addressfinder.nz, addressfinder.com.au, addressfinder.nz

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Ending the Services and this Agreement. Either you or us may end this Agreement at any time for any reason by giving Subject to the other notice which, if Your Plan is an annual plan, must be given at least 30 days beforehand. If Your Plan is a paid plan and we end the Agreement for any reason other than those set out below, then we will provide you with a pro-rata refund terms of any fees you have paid for your then current Subscription TermServices Contract an Account Owner has with us, from the date the Agreement ends until the scheduled expiry date of that Subscription Term. We only have to provide this refund if you request it in writing within 60 days of the date the Agreement ends. We Account Owner may also immediately end this Agreement at any time by telling us in writing. An Account User may only end this Agreement by ceasing to use the Services and Software and by deleting or removing the Software from all devices within the Account User’s possession or control and, if requested by us in writing, certifying to us that the Account User has done so. We may end this Agreement for any reason by giving the Account Owner at least 30 days' notice beforehand, subject to any Services Contract the Account Owner has with us. We may also end this Agreement at any time in any of the following circumstances: • if you are an Account Owner, you have breached any this Agreement; • if you are an Account User, you have breached this Agreement, your Account Owner’s agreement with us has ended or we have otherwise ended, suspended or restricted your Account Owner’s access or use of the terms of this Agreement Services or Software; or • we (in our sole discretion) consider it necessary or reasonable to do so (for example, if required by law, to protect the Software or Services and the use of them by anyone else or where our ability or right to provide any part of the Software or Services or any Plugin has been suspended, terminated stopped or restricted, such as where required Third Party Products have been suspended or terminated). We will endeavour to notify you Account Owners if we end the Agreement in these circumstancesthe circumstances noted above. Where we are entitled to end this Agreement we may choose to end, suspend, downgrade suspend or restrict your access and use of the Services and/or any Pluginor Software (or both of them), and we can do so without notifying you. To avoid any doubt, the exercise of those rights to end, suspend or restrict will never prevent us from exercising our rights to end the Agreement, and we can exercise the rights to suspend or restrict more than once for the same or different reasons. When this Agreement ends for any reason: • all rights we have granted to you under this Agreement shall cease; and • you must immediately cease using the Services and Software, delete or remove the Software from all devices within your possession or control and, if requested by us in writing, certify to us that you have done so. Ending this Agreement or any of the Services does not affect: ● affect clauses 10 that are intended to survive termination (Ownership)including clauses 1, 12 (Disclaimers)3, 13 (Ending the Services 5, 6, 7, 8, 9, 13, 14, 15, 16, 17 and this Agreement), 14 (Liability) and 15 (General)18, which will continue to operate; ● the provisions of any Data Terms that expressly, ) or by their nature, survive the ending or termination of this agreement or any services; or ● any rights or remedies that have accrued beforehand.

Appears in 2 contracts

Samples: Services and Software And, Services and Software And

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