OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if: (a) there is an emergency; (b) you breach any material provision of this SFOA and you cannot remedy the breach; (c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so, (d) we reasonably suspect fraud by you or any other person in connection with the service; (e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice; (f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute; (g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you; (h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment; (i) you vacate the premises to which we had been supplying Services to you; (j) we reasonably believe that your usage of the Services is unusually high; (k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy; (l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study; (m) without liability, suspend the provision of any Service for a reasonable period for operational reasons; (n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law; or (o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due. 16.2 On termination of this SFOA, you must: (a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination; (b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination; (c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and (d) pay the applicable Early Termination Fee (if any) to us. 16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended. 16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate. 16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies. 16.6 If you wish to lift the suspension you should contact us. 16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us. 16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 10 contracts
Samples: Standard Form of Agreement, Standard Form of Agreement, Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) there is an emergency;
(b) you breach any material provision of this SFOA SFOA, and you cannot remedy the breach;
(c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) we reasonably suspect fraud by you or any other person in connection with the service;
(e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) you vacate the premises to which we had been supplying Services to you;
(j) we reasonably believe that your usage of the Services is unusually high;
(k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy;
(l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
study (m) without liability, suspend the provision of any Service for a reasonable period for operational reasons;
reasons (n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisationorganization, any other competent authority or by authorisation authorization of or under law; or
(o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 3 contracts
Samples: Standard Form of Agreement, Standard Form of Agreement, Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND.
16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) there is an emergency;
(b) you breach any material provision of this SFOA and you cannot remedy the breach;
(c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) we reasonably suspect fraud by you or any other person in connection with the service;
(e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) you vacate the premises to which we had been supplying Services to you;
(j) we reasonably believe that your usage of the Services is unusually high;
(k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy;
(l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
(m) without liability, suspend the provision of any Service for a reasonable period for operational reasons;
(n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law; or
(o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 1 contract
Samples: Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) there is an emergency;
(b) you breach any material provision of this SFOA SFOA, and you cannot remedy the breach;
(c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) we reasonably suspect fraud by you or any other person in connection with the service;
(e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) you vacate the premises to which we had been supplying Services to you;
(j) we reasonably believe that your usage of the Services is unusually high;
(k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthycreditworthy;
(l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
(m) without liability, suspend the provision of any Service for a reasonable period for operational reasons;
(n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law; or
(o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result because of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit limit, or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 1 contract
Samples: Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) there is an emergency;
(b) you breach any material provision of this SFOA SFOA, and you cannot remedy the breach;
(c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) we reasonably suspect fraud by you or any other person in connection with the service;
(e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) you vacate the premises to which we had been supplying Services to you;
(j) we reasonably believe that your usage of the Services is unusually high;
(k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy;
(l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
study (m) without liability, suspend the provision of any Service for a reasonable period for operational reasons;
(n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisationorganization, any other competent authority or by authorisation authorization of or under law; oror Standard Form of Agreement The Brainy Bunch Pty Ltd T/AS VOIP PARTNERS – ACN 000 000 000
(o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 1 contract
Samples: Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) there is an emergency;
(b) you breach any material provision of this SFOA and you cannot remedy the breach;
(c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) we reasonably suspect fraud by you or any other person in connection with the service;
(e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) you vacate the premises to which we had been supplying Services to you;
(j) we reasonably believe that your usage of the Services is unusually high;
(k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy;
(l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
(m) without liability, suspend the provision of any Service for a reasonable period for operational reasons;
(n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law; or
(o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
16.9 We may review your creditworthiness:
(a) prior to the activation or provision of any of the Services;
(b) if we have reasonable grounds for believing that you represent a credit risk in relation to your ability to pay for the Service; or
(c) if in our reasonable opinion there has been a material change in your financial position.
16.10 You consent to our:
(a) providing and exchanging your details with a credit reporting agency; and
(b) obtaining a Credit Report from any credit reporting agency for the purpose of assessing your commercial credit or ongoing creditworthiness.
16.11 If necessary, you agree to co-operate with us, in the preparation of a Credit Report and promptly provide all financial information and non-financial information reasonably requested for the purpose of preparing the Credit Report.
16.12 If your Purchase Equipment is acquired with the assistance of third-party finance:
(a) you acknowledge that you will have entered into a separate agreement with that third party (Third Party Finance) and that we will not be liable in any way; and
(b) In the event that you choose to terminate your Third Party Finance agreement, this Agreement will continue to remain afoot and for any information regarding your equipment/ services purchased via third-party finance and agreement, you will need to contact them directly.
Appears in 1 contract
Samples: Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) there is an emergency;
(b) you breach any material provision of this SFOA and you cannot remedy the breach;
(c) you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) we reasonably suspect fraud by you or any other person in connection with the service;
(e) you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) you vacate the premises to which we had been supplying Services to you;
(j) we reasonably believe that your usage of the Services is unusually high;
(k) we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy;
(l) the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
(m) without liability, suspend the provision of any Service for a reasonable period for operational reasons;
(n) we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law; or
(o) you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 1 contract
Samples: Standard Form of Agreement
OUR RIGHT TO TERMINATE OR SUSPEND. 16.1 We may terminate this SFOA, or suspend or limit the provision of any Service or Equipment by notice in writing to you if:
(a) : there is an emergency;
(b) ; you breach any material provision of this SFOA and you cannot remedy the breach;
(c) ; you breach a material term of the agreement and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,
(d) , we reasonably suspect fraud by you or any other person in connection with the service;
(e) ; you fail to pay any amount due under this SFOA by the due date, we give you notice requiring payment of that amount (which we may not give in respect of an amount which is genuinely disputed until we have investigated the dispute) and you fail to pay that amount in full within ten (10) business days after we give you that notice;
(f) ; we reasonably consider you a credit risk because you have not paid amounts owing to us and which is not the subject of a valid dispute;
(g) ; you are declared bankrupt or a provisional liquidator, liquidator, receiver or any other administrator of your business or assets is appointed or you enter into any arrangement with your creditors or any class of creditors, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you;
(h) ; any Equipment or Service provided to you receive does not function because we are unable to enter your premises in order to update or rectify such equipment;
(i) ; you vacate the premises to which we had been supplying Services to you;
(j) ; we reasonably believe that your usage of the Services is unusually high;
(k) ; we reasonably determine that you have failed our credit check requirements or that you are no longer credit worthy;
(l) ; the physical infrastructure and site conditions for your Service do not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study;
(m) ; without liability, suspend the provision of any Service for a reasonable period for operational reasons;
(n) ; we are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law; or
(o) or you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due.
16.2 On termination of this SFOA, you must:
(a) pay all charges incurred by you under this SFOA up to the time of termination which will become immediately due and owing upon termination;
(b) pay all outstanding amounts in a lump sum for any Equipment which you have purchased and not fully paid for at the date of termination;
(c) if we request and at our option, either immediately return all of our Equipment (at your cost) or make such Equipment available for our, or our Suppliers, collection; and
(d) pay the applicable Early Termination Fee (if any) to us.
16.3 If the Service is suspended, you will have to pay access fees for the Service while it is suspended.
16.4 If the Service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or equipment that we are not responsible for, such as equipment that is owned by you or is not provided by us for you to use in connection with the Service, you will be entitled to a refund or a rebate of any access fees for the period of suspension. You should contact customer service for your refund or rebate.
16.5 If the Service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee. You should check the relevant standard pricing table for the service concerned to see if a suspension fee applies.
16.6 If you wish to lift the suspension you should contact us.
16.7 We may refer any debt owing to us to an external collection agent or commence legal action to recover any unpaid debt to us.
16.8 If we suspend, limit or cancel the Services for unpaid charges or any other reason, subsequent reconnection may incur a reconnection fee (except if our action resulted from our or a Supplier’s mistake or manifest error).
Appears in 1 contract
Samples: Standard Form of Agreement