Common use of New Subprocessors Clause in Contracts

New Subprocessors. Conga will, at least 15 days before appointing any new Subprocessor, inform Customer of Conga’s intent to appointment (including the name and location of such Subprocessor and the activities it will perform) a new Subprocessor by sending an email to notifications to Customer. Customer may object to Conga’s use of a new Subprocessor by notifying Conga promptly in writing within fifteen (15) days after receipt of Conga’s notice. In the event Customer objects to a new Subprocessor, as permitted in the preceding sentence, Conga will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Subprocessor without unreasonably burdening Customer. If Conga is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may terminate the applicable Order Form(s) with respect only to those Services which cannot be provided by Conga without the use of the objected-to new Subprocessor by providing written notice to Conga. Conga will refund Customer any prepaid fees covering the remainder of the term of such Order Form(s) following the effective date of termination with respect to such terminated Services, without imposing on Customer any penalty for such termination. Conga shall have no penalty or liability for termination under this Section beyond the refund of prepaid fees and this is Customer sole and exclusive remedy for termination under this Section.

Appears in 4 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

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