SUSPENSION OR CANCELLATION OF SERVICES. 8.1 Subject to clause 9, you may cancel a Service without cause at any time by giving us at least 30 days’ notice. 8.2 We may limit, suspend or cancel a Service at any time without notice to you, if in our reasonable opinion: (a) the supply or use of a Service breaches or is likely to breach any Applicable Laws; (b) the provision of a Service is likely to cause death or personal injury or damage to property; or (c) you breach our Acceptable Use Policy. 8.3 We may limit, suspend or cancel a Service at any time by giving you at least 14 days’ notice, if: (a) you do not pay any undisputed amounts due for that Service by the due date; or (b) an administrator, receiver, liquidator or provisional liquidator is appointed to you or a petition filed or notice given in connection therewith or a winding up, or you make a proposal for or resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors or any class thereof, or you are unable to pay your debts when they are due. 8.4 Where a Service has been suspended or cancelled due to your breach under clauses 8.2 or 8.3, we may require you to pay a re-connection charge if the Service is re-connected. 8.5 If we need to modify or exit a Service from the market, then we may migrate you to the modified service or an alternative service after giving you at least 3 months’ notice in case of any material modifications or cancel the Service after giving you at least 6 months’ notice. If the service to which we propose you migrate is detrimental to you, you may cancel the Service effective upon the proposed date of migration without the payment of any Early Termination Charges by providing us with written notice delivered within 45 days from our written notice of migration.
Appears in 1 contract
Samples: Global Business Services Agreement
SUSPENSION OR CANCELLATION OF SERVICES. 8.1 Subject to clause 9, you may cancel a Service without cause at any time by giving us at least 30 thirty (30) calendar days’ notice.
8.2 We may limit, suspend or cancel a Service at any time without a mandatory notice to you, if in our reasonable opinion:
(a) the supply or use of a Service breaches or is likely to breach any Applicable Lawsapplicable laws, regulations, licence, statutory rules or mandatory codes of conduct;
(b) the provision of a Service is likely to cause death or personal injury or damage to property; or;
(c) you breach our Acceptable Use Policy;
(d) your use of a Service interferes (or threatens to interfere) with the efficiency of our network or the network of a Service Provider or
(e) as specified in other provisions of this Agreement.
8.3 Where practicable, we will provide you with as much notice as is reasonably possible before exercising our rights under clause 8.2.
8.4 We may limit, suspend or cancel a Service at any time by giving you at least 14 fourteen (14) calendar days’ notice, if:
(a) you do not pay any undisputed amounts due for that Service by the due date; or;
(b) an administrator, receiver, liquidator or provisional liquidator is appointed to you or a petition filed or notice given in connection therewith or a winding upyou, or you make a proposal for or resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors or any class thereofcreditors, or you are unable to pay your debts when they are due; or
(c) if you have resold, resupplied or shared a Service to or with any third party without obtaining our consent.
8.4 8.5 Where a Service has been suspended or cancelled due to your breach under clauses 8.2 or 8.38.4, we may require you to pay a re-connection charge if the Service is re-connectedconnected comprising in particular of:
(a) demobilisation and remobilisation of personnel and equipment;
(b) moving the works, if necessary, so that it does not interfere unreasonably with our other activities, and
(c) other expenses incurred by us as a result of suspension of the performance.
8.5 8.6 If we need decide, or are required, to modify or exit a Service from the market, then we may migrate you to the modified service or an alternative service after giving you at least 3 three (3) months’ notice in case of any material modifications notice, or cancel the Service after giving you at least 6 months’ notice. If the service to which we propose you migrate is detrimental to you, you may cancel the Service effective upon the proposed date of migration service without the payment of any Early Termination Charges by providing us with written notice delivered within 45 days from our written notice of migrationCharges.
Appears in 1 contract
Samples: Global Business Services Agreement
SUSPENSION OR CANCELLATION OF SERVICES. 8.1 Subject to clause 9, you may cancel a Service without cause at any time by giving us at least 30 days’ notice.
8.2 We may limit, suspend or cancel a Service at any time without notice to you, if in our reasonable opinion:
(a) the supply or use of a Service breaches or is likely to breach any Applicable Lawsapplicable laws, regulations, licence, statutory rules or mandatory codes of conduct;
(b) the provision of a Service is likely to cause death or personal injury or damage to property; or;
(c) you breach our Acceptable Use Policy; or
(d) your use of a Service interferes (or threatens to interfere) with the efficiency of our network or the network of a Service Provider.
8.3 Where practicable, we will provide you with as much notice as is reasonably feasible before exercising our rights under clause 8.2.
8.4 We may limit, suspend or cancel a Service at any time by giving you at least 14 days’ notice, if:
(a) you do not pay any undisputed amounts due for that Service by the due date; or
(b) an administrator, receiver, liquidator or provisional liquidator is appointed to you or a petition filed or notice given in connection therewith or a winding upyou, or you make a proposal for or resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors or any class thereofcreditors, or you are unable to pay your debts when they are due.
8.4 8.5 Where a Service has been suspended or cancelled due to your breach under clauses 8.2 or 8.38.4, we may require you to pay a re-connection charge if the Service is re-connected.
8.5 8.6 If we need decide, or are required, to modify or exit a Service from the market, then we may migrate you to the modified service or an alternative service after giving you at least 3 months’ notice in case of any material modifications notice, or cancel the Service after giving you at least 6 months’ notice. If the service to which we propose you migrate is detrimental to you, you may cancel the Service effective upon the proposed date of migration service without the payment of any Early Termination Charges by providing us with written notice delivered within 45 days from our written notice of migrationCharges.
Appears in 1 contract
Samples: Global Business Services Agreement
SUSPENSION OR CANCELLATION OF SERVICES. 8.1 Subject to clause 9, you 9.1 You may cancel a Service without cause at any time by giving us at least on 30 days’ notice. However:
(a) if you cancel a Service before we supply it to you, we may charge you for reasonable costs we incurred in preparing to provide it to you; and
(b) if you cancel a Service within the fixed or minimum term, we may charge you Early Termination Charges if they apply to that Service.
8.2 9.2 We may limit, suspend or cancel the provision of a Service at any time without notice to you, if in our reasonable opiniontime:
(a) in the event of an emergency or in order to provide resources to emergency and other essential services;
(b) if the supply or use of a Service breaches is, or is likely to breach any Applicable Laws;become, unlawful; or
(bc) if, in our reasonable opinion, the provision of a Service is likely to cause death or death, personal injury or damage to property; or
(c) . We will try to give you breach our Acceptable Use Policyat least 3 days’ notice if we need to limit, suspend or cancel the provision of the Service for one of these reasons but, sometimes, due to the nature of the change, we may not be able to give you prior notice. In that case, we will give you as much warning as we reasonably can.
8.3 9.3 We may limit, suspend or cancel the provision of a Service at any time by giving you at least 14 days’ notice, ifService:
(a) if you do not pay us for any undisputed amounts due for that Service by within 30 days of us notifying you of the due datenon-payment;
(b) after giving you as much notice as we reasonably can, if the Australian Competition and Consumer Commission (ACCC) issues, or we reasonably anticipate that the ACCC may issue, a competition notice in relation to a Service;
(c) after giving you notice if your use of a Service breaches our Acceptable Use Policy;
(d) if your use of the Service adversely interferes with (or threatens to adversely interfere with) the efficiency of our network, in which case:
(i) we may immediately limit or suspend the provision of the Service; or
(bii) if you fail to rectify the situation within 30 days of us notifying you of it, then we can cancel the provision of the Service;
(e) after giving you notice if you are or become a carrier or carriage service provider (as defined in the Act);
(f) by 14 days’ notice if an administrator, receiver, liquidator or provisional liquidator is appointed to you or a petition filed or notice given in connection therewith or a winding upyou, or you make a proposal for or resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors or any class thereofcreditors, or you are unable to pay your debts when they are due; or
(g) if an administrator, receiver or scheme administrator is appointed to you, and that administrator, receiver or scheme administrator does not accept personal liability for the ongoing supply of services by us within 3 Business Days of our request that they do so.
8.4 9.4 Where provision of a Service has been suspended or cancelled due to your breach under clauses 8.2 9.3(a), 9.3(d) or 8.39.3(e), we may require you to pay a re-connection charge if when the Service is re-connected.
8.5 9.5 If we need decide, or are required, to modify or exit a Service from the market or part of the market, then we may will inform you of the potential impacts and may, by giving you prior reasonable notice:
(a) migrate you to the modified service or an alternative service after giving (and you at least 3 months’ notice in case of any material modifications or agree to provide reasonable assistance to enable us to do so); or
(b) cancel the Service.
9.6 If our changes to the Service after giving you at least 6 months’ notice. If or the migration to a modified or alternate service to which we propose you migrate or plan is materially detrimental to you, you may cancel the Service effective upon the proposed date of migration changed or alternate service without the payment of any Early Termination Charges by providing us with written notice delivered within 45 days from our written notice or re-payment of migrationany fund credits that have been already used.
Appears in 1 contract
Samples: Global Business Services Agreement
SUSPENSION OR CANCELLATION OF SERVICES. 8.1 Subject to clause 9, you may cancel a Service without cause at any time by giving us at least 30 days’ notice.
8.2 We may limit, suspend or cancel a Service at any time without notice to you, if in our reasonable opinion:
(a) the supply or use of a Service breaches or is likely to breach any Applicable Lawsapplicable laws,;
(b) the provision of a Service is likely to cause death or personal injury or damage to property; or
(c) you breach our Acceptable Use Policy.
8.3 We may limit, suspend or cancel a Service at any time by giving you at least 14 days’ notice, if:
(a) you do not pay any undisputed amounts due for that Service by the due date; or
(b) an administrator, receiver, liquidator or provisional liquidator is appointed to you or a petition filed or notice given in connection therewith or a winding upyou, or you make a proposal for or resolve to enter into any settlement, moratorium or similar arrangement for the benefit of your creditors or any class thereofcreditors, or you are unable to pay your debts when they are due.
8.4 Where a Service has been suspended or cancelled under clause 8.3 or due to your breach under clauses 8.2 or 8.38.2, we may require you to pay a re-connection charge if the Service is re-connected.
8.5 If we need decide to materially modify or exit a Service from the market, then we may migrate you to the modified service or an alternative service after giving you at least 3 months’ notice in case of any material modifications notice, or cancel the Service after giving you at least 6 months’ notice. If the service to which we propose you migrate is detrimental to you, you may cancel the Service effective upon the proposed date of migration without the payment of any Early Termination Charges by providing us with written notice delivered within 45 days from our written notice of migration.
Appears in 1 contract
Samples: Global Business Services Agreement