SUSPENSION AND CANCELLATION OF SERVICES. 9.1 (Restriction and suspension) Without limitation to our rights pursuant to clause 8.3, We may restrict or suspend the Services or any of them at any time upon written notice to You if any of following occur:
(a) We (acting reasonably) are not satisfied with Our credit assessment of You and you do not take steps to rectify any concern arising from that credit assessment within 10 Business Days of Our giving You notice to do so;
(b) You commit an Event of Default;
(c) We are unable, for any reason including the default of one of Your third party carriers or suppliers, to provide the whole or part of a Service; or
(d) If Your account or you present an unacceptably high credit risk to Us, Your account has greatly surpassed the preceding monthly invoiced amounts or You, the Service or account appears fraudulent (as We are entitled to do as set out in the Communications Alliance Ltd, Telecommunications Consumer Protections Code C628:2007 (section 7.4.8)).
9.2 (Your obligations continue) If We restrict or suspend any Services provided to You, You will remain liable for all money due to Us under this agreement, during the period of such restriction or suspension.
9.3 (What happens on termination) If this agreement is cancelled by You, or terminated by either party:
(a) As a result of a breach of this agreement by You, You must pay to Us all reasonable costs and expenses incurred by Us in relation to the agreement being cancelled or terminated (including but not limited to legal costs, administrations costs and any costs incurred by Us to a third party).
(b) If you do not pay the account by the due date we reserve the right to place the outstanding amount due in the hands of a Registered Collection Agency for debt recovery. At this time they will assume the responsibility for collection of the outstanding amount and such amount owing will be liable to a 25% surcharge or actual legal costs to cover recovery charges.
(c) Where We are providing Fixed term services, if You cancel or terminate the Services before the expiry of the agreed contract term due to no fault of Ours or Your Services are terminated by Us due to non-compliance of these Terms & Conditions before the expiry of the agreed contract term, You must pay Us the Early Termination Fee.
(d) Fees and Charges will remain payable in respect of all cancelled Services for 30 days after the date on which We receive notice of Your cancellation, except where such Services are terminated by You due to a breach of...
SUSPENSION AND CANCELLATION OF SERVICES. Non-compliance by the User: The Parties agree that false statements and/or guarantees by the User, as well as the non-compliance with the obligations assumed in terms of this instrument, will be grounds for temporary suspensions and/or cancellation of the Services in accordance with what is indicated in this instrument, without the need for a judicial declaration, without this implying any responsibility for the Company, nor reason for total or partial reimbursement for the User with respect to the amounts that this may have paid and/or granted according to the contracted Membership, the Current Fee Table and/or what is established in this document.
SUSPENSION AND CANCELLATION OF SERVICES. 14.1 Your rights to cancel or terminate:
(a) You may cancel a Service by giving us 7 days notice provided that you may be liable to pay an exit fee in accordance with Clause 4.124.12 if you do so during a Fixed Term.
(b) You may otherwise cancel a Service at any time by giving us notice via the member service area of our Website if:
(i) you are entitled to do so in accordance with Clause 3.4;
(ii) we are in material breach of our Agreement, which is capable of being remedied, but which we have failed to remedy within 14 days after you telling us of that breach;
(iii) we are in material breach of our Agreement and it is something which cannot be remedied. This clause does not apply to Interruptions which occur because of:
(A) a cancellation, suspension or restriction to the supply of the Service in any of the circumstances listed in clause 14.4;
(B) a system or network outage for an insignificant period;
(C) maintenance of Service Equipment in accordance with clause 10.4;
(D) a fault or other event which may reasonably be attributed directly or indirectly to your Equipment; or
(E) your acts or omissions.
(c) If you cancel a Service for any of the reasons set out in paragraph (b), you will not be liable to pay an exit fee (provided that we can recover any outstanding Fees incurred up to the date on which our Agreement ends and any outstanding amounts that cover installation costs or Equipment where such Equipment can be used in connection with services provided by other suppliers), and you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance for the Service in accordance with Clause 4.15.
SUSPENSION AND CANCELLATION OF SERVICES. 23 13. LIABILITY 28
13.1 Our liability for property damage, personal injury and death 28 13.2 Our liability for interruptions to the service 28 13.3 Our liability under the Customer Service Guarantee 28 13.4 Consumer guarantees 29 13.5 Limitation of liability for breach of a consumer guarantee 29 13.6 Exclusion of liability 30 13.7 Cancellation of a service 30 14.1 No liability 30 14.2 Termination for Force Majeure 30 16.1 Your right to assign 31 16.2 Our right to assign or transfer 31 17.1 Giving notice to you 32 17.2 Disputes 33 17.3 Intellectual property 33 17.4 Authority 33 17.5 Governing law 33 17.6 Subcontractors 33 17.7 No waiver 33 17.8 Survival 33 17.9 Severability of provisions 33
SUSPENSION AND CANCELLATION OF SERVICES. 16.1 Finity may suspend access to or use of the Services or permanently cancel a Finity Back Office Instance in the event that:
16.1.1 the Customer or the Client fails to comply with:
SUSPENSION AND CANCELLATION OF SERVICES. 11.1 Your rights to cancel or terminate
a) You may cancel a Service by giving us 30 days notice in writing provided that you may be liable to pay an early termination fee in accordance with clause 3.12 if you do so during a fixed term.
b) You may otherwise cancel a Service at any time by giving us notice in writing if:
(i) you are entitled to do so in accordance with clause 2.6;
(ii) we are in material breach of our Agreement, which is bapable of being remedied, but which we have failed to remedy within 14 days after you telling us of that breach; and
(iii) we are in material breach of our Agreement and it is something which cannot be remedied. If you cancel a Service for any of the reasons set out in this paragraph (b), you will not be liable to pay an early termination fee and you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance for the Service in accordance with clause 3.15.
SUSPENSION AND CANCELLATION OF SERVICES. 14.1 Your rights to cancel or terminate:
a. You may cancel a Service by giving us 7 days notice in writing or via email to Voice & Coms Pty Ltd provided that you may be liable to pay an early termination fee in accordance with Clause 4.13 if you do so during a Fixed Term.
b. You may otherwise cancel a Service at any time by giving us notice in writing or via email to Voice & Coms if:
i. you are entitled to do so in accordance with Clause 3.4; ii. we are in material breach of our Agreement, which is capable of being remedied, but which we have failed to remedy within 14 days after you telling us of that breach; or iii. we are in material breach of our Agreement and it is something which cannot be rem- edied. If you cancel a Service for any of the reasons set out in this paragraph (b), you will not be liable to pay an early termination fee (provided that we can recover any outstanding Fees in- curred up to the date on which our Agreement ends and any outstanding amounts that cover installation costs or Equipment where such Equipment can be used in connection with ser- vices provided by other suppliers), and you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance for the Service in accordance with Clause 4.16.
SUSPENSION AND CANCELLATION OF SERVICES. 15.1 Your rights to cancel or terminate
(i) you are entitled to do so in accordance with Clause Error! Reference source not found.;
(ii) you are entitled to do so in accordance with Clause 17.2;
(iii) we are in material breach of our Agreement, which is capable of being remedied, but which we have failed to remedy within 30 days after you give us notice to remedy the breach; or
(iv) we are in material breach of our Agreement and it is something which cannot be remedied, including where there have been prolonged or repeated Interruptions to the Service that have resulted in an Interruption to the Service of at least 14 days. This clause does not apply to Interruptions which occur because of:
(A) a cancellation, suspension or restriction to the supply of the Service in any of the circumstances listed in Clause 15.4;
(B) a system or network outage for an insignificant period;
(C) Scheduled Maintenance;
(D) a fault or other event which may reasonably be attributed directly or indirectly to your Equipment; or
(E) your acts or omissions. If you cancel a Service for any of the reasons set out in paragraph (b):
(i) you will not be liable to pay an Early Termination Charge (provided that we can recover any outstanding Charges incurred up to the date on which our Agreement ends and any outstanding amounts that cover installation costs or Equipment); and
(ii) you will be entitled to a refund of the unexpired portion of any amounts you have paid in advance for the Service in accordance with Clause 7.11.
SUSPENSION AND CANCELLATION OF SERVICES. 1We may, in our sole discretion, limit, suspend or cancel a Service (in whole or in part) with immediate effect without giving notice in writing to you:
SUSPENSION AND CANCELLATION OF SERVICES. 20 11.1 YOUR RIGHTS TO CANCEL OR TERMINATE 20 11.2 PREPARATION COSTS 20 11.3 OUR SUSPENSION AND CANCELLATION RIGHTS 20 11.4 OTHER SUSPENSION OR CANCELLATION EVENTS 21 11.5 EXPIRATION OF A FIXED TERM OR OTHER PERIOD 22 11.6 CONNECTION FEES 22 11.7 ONGOING LIABILITY 22 12. LIABILITY 22 12.1 PERFORMANCE 22 12.2 TERMS IMPLIED BY LAW 22 12.3 LIMITATION OF LIABILITY 22 12.4 EXCLUSION OF LIABILITY 23 12.5 CANCELLATION OF A SERVICE 23 13. CONFIDENTIALITY 23 13.1 CONFIDENTIAL INFORMATION 23 13.2 PROTECTING CONFIDENTIALITY 23 13.3 OBLIGATIONS ON TERMINATION 24 13.4 RESTRICTIONS ON USE 24 14. FORCE MAJEURE 24 14.1 WE ARE NOT LIABLE FOR: 24 15. ASSIGNMENT 24 15.1 YOUR RIGHT TO ASSIGN 24 15.2 OUR RIGHT TO ASSIGN 24 16. GENERAL 25 16.1 GIVING NOTICE TO YOU 25 16.2 DISPUTES 25 16.3 CURRENT TERMS 25 16.4 INTELLECTUAL PROPERTY 25 16.5 AUTHORITY 25 16.6 ENTIRE AGREEMENT 25 16.7 GOVERNING LAW 26 16.8 SUBCONTRACTORS 26 16.9 NO WAIVER 26 16.10 SURVIVAL 26 16.11 SEVERABILITY OF PROVISIONS 26 17. DEFINITIONS AND INTERPRETATION 26 17.1 DEFINITIONS: 26 17.2 INTERPRETATION: 28
1. Introduction
1.1 Terms and Conditions Bendigo Telco (us or we), supplies Services on the terms and conditions in this Standard Form of Agreement. If you obtain or seek to obtain Services from us, you do so in accordance with these terms and conditions and the other documents which comprise your Agreement with us.
1.2 Our Standard Form of Agreement This Standard Form of Agreement is formulated for the purpose of section 479 of the Act and is filed with the Australian Communications and Media Authority.
1.3 Structure of your Agreement with us Your Agreement with us comprises:
a) any terms stated in your Application form (including, for example, compliance with our Acceptable Use Policy);
b) this Standard Form of Agreement;
c) the Rate Card;
d) the Schedule of Charges; and
e) our Service Book.
