Payments at Termination. If an Order is terminated early by Customer pursuant to Section 2 or 11.2, or by Datadog pursuant to Section 12.2: (a) Customer shall not be obligated to pay any amounts specified in the Order for Services not yet provided and (b) Datadog will refund to Customer a pro rata share of any unused amounts prepaid by Customer under the applicable Order for the Services (a “Pro- Rated Refund”). In all other cases, and regardless of whether Customer uses the Services at the levels reflected in the Orders or otherwise, Customer will not be entitled to a refund of Fees paid and any committed Fees for the full term of the Order(s) and any Fees accrued beyond any committed Fees based on Customer’s use of the Services prior to termination will become immediately due and payable.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Payments at Termination. If an Order is terminated early by Customer pursuant to Section 2 or 11.2, or by Datadog pursuant to Section 12.2: (a) Customer shall not be obligated to pay any amounts specified in the Order for Services not yet provided and (b) Datadog will refund to Customer a pro rata share of any unused amounts prepaid by Customer under the applicable Order for the Services (a “Pro- Pro-Rated Refund”). In all other cases, and regardless of whether Customer uses the Services at the levels reflected in the Orders or otherwise, Customer will not be entitled to a refund of Fees paid and any committed Fees for the full term of the Order(s) and any Fees accrued beyond any committed Fees based on Customer’s use of the Services prior to termination will become immediately due and payable.
Appears in 1 contract
Samples: Subscription Agreement
Payments at Termination. If an Order is terminated early by Customer pursuant to Section 2 or 11.24 (Availability), or by Datadog ResGuard pursuant to Section 12.2: 14.2 (Exceptions): (a) Customer shall not be obligated to pay any amounts specified in the Order for Services not yet provided and (b) Datadog ResGuard will refund to Customer a pro rata share of any unused amounts prepaid by Customer under the applicable Order for the Services (a “Pro- Pro-Rated Refund”). In all other cases, and regardless of whether Customer uses the Services at the levels reflected in the Orders or otherwise, Customer will not be entitled to a refund of Fees paid and any committed Fees for the full term of the Order(s) and any Fees accrued beyond any committed Fees based on Customer’s use of the Services prior to termination will become immediately due and payable.
Appears in 1 contract
Samples: Subscription Agreement