Reseller Transactions. Notwithstanding anything to the contrary herein, if You order the APEX Service through a Reseller:
(a) All references and terms related to fees, payments, cancellation or termination rights, or similar financial terms (the “Financial Terms”) in the Agreement (including, without limitation, the following Clauses of Part A: 3.2.B (Right to Refund), 4.1.A (Order Confirmation), 4.1.B (Payment of Fees), 4.1.C (Credit Card Payments), 4.2 (Payment Terms), 4.3 (Taxes), 4.4 (Invoice Errors), 6.3.C (Refunds), 17.7 (Assignment and Subcontracting)) will not apply to You. Financial Terms in Your agreement with the Reseller will apply instead.
(b) All notices in the Agreement required from You to Dell will also be required from You to Reseller.
(c) In the event that You or Reseller (i) become insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or (ii) become subject to control of a trustee, receiver, or similar authority, or to any bankruptcy or insolvency proceeding, You consent to the assignment of Your agreement with Reseller for the APEX Service to Dell if such assignment is permitted under Dell’s agreement with the Reseller.
Reseller Transactions. Notwithstanding anything to the contrary herein, if You order the Service Offering through a Reseller: (a) All references and terms related to fees, payments, cancellation or termination rights, or similar financial terms (the “Financial Terms”) in the Agreement (including, without limitation, the following Clauses: 3.2.B (Right to Refund),
4.1. A (Order Confirmation), 4.1.B (Payment of Fees), 4.1.C (Credit Card Payments), 4.2 (Payment Terms), 4.3 (Taxes), 4.4 (Invoice Errors), 6.3.B (Refunds), 17.8 (Assignment and Subcontracting)) will not apply to You. Financial Terms in Your agreement with the Reseller will apply instead.
Reseller Transactions. If Subscriber places an order for Subscriptions or Professional Services from an authorized Solo Reseller the terms of this Agreement apply to Subscriber’s use of such Subscriptions or Professional Services except for (1) payment and taxes which shall be addressed in the agreement between the reseller and Subscriber and (2), where reseller manages Support Services on behalf of Subscriber, the Technical Support Policy.
Reseller Transactions. If any of Your purchases were made through an authorized reseller of Ours (“Reseller”):
a. You will pay any owed amounts to the Reseller, as agreed between You and the Reseller. You agree that We may suspend or terminate Your use of the Services if We do not receive Our payment of Fees from the Reseller.
b. You may place Your order through the Reseller via an order placed with Us, or through Your purchases via the self-service function in the Service. The Reseller and You are responsible for the accuracy of the orders placed.
c. Reseller may not modify this Agreement or make any commitments on Our behalf. Only this Agreement governs Our obligations to You.
d. The amounts paid by the Reseller to Us for Your use of the Services under this Agreement will be deemed the amount actually paid under this Terms of Service for purposes of calculating Our liability under Section 15.
e. Your renewal pricing will be communicated to You by the Reseller in accordance with the terms You have with the Reseller or Us prior to the renewal Subscription Term, under Section 18.
Reseller Transactions. Notwithstanding anything to the contrary herein, if Customer buys an Offering through a Reseller (as opposed to directly from Supplier), then:
7.1 All references and terms related to fees, payments, cancellation or termination rights, or similar financial terms (the “Financial Terms”) in these Cloud Terms ((including, without limitation, Clauses 3.1A – C, 3.2, 4.1B, and 4.2) or Governing Agreement shall not apply to the Customer, and such Financial Terms shall instead be governed by Customer’s agreement with the Reseller; and
7.2 All notices in these Cloud Terms or Governing Agreement required from Customer to Supplier shall be required, in addition, from Customer to Reseller.
Reseller Transactions. If the order is placed through an authorized Spirion reseller, then the payment terms in Section 4(a) will not apply (unless Spirion notifies Customer otherwise), as the Customer’s payment terms with the reseller will apply.
