Your Termination Rights. 8.1 You can give Us notice to terminate this Agreement by contacting Us and providing Us with 30 days’ or more notice, at any time. We may in certain circumstances accept a shorter notice period and will let you know You if that is the case when You contact us to terminate. Our website sets out details of how You may contact Us to terminate. 8.1.1 If (except as set out in point 8.4) in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, You will have to pay Us a Cancellation Charge and, if applicable, the Additional Commitment Service Cancellation Charge, unless You have a right under point 8.4 or 8.5 not to pay a Cancellation Charge. 8.1.2 If a Cancellation Charge and/or an Additional Commitment Service Cancellation Charge is due, it is calculated as follows: 8.1.2.1 the sum of all outstanding Monthly Charges and/or Additional Commitment Service monthly Charges for the remainder of Your Minimum Term, factoring in any recurring monthly discount to which You are entitled, calculated at a daily rate; 8.1.2.2 minus VAT at the prevailing rate; 8.1.2.3 minus a further 4%; 8.1.2.4 reduced by any credit on Your Account; and 8.1.2.5 with VAT at the prevailing rate added onto that final amount. 8.1.3 You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended. You will have to pay Your Charges for Services during the notice period. 8.1.4 If You terminate this Agreement for any reason within Your Minimum Term, and You have a Device Credit Agreement with Us, You need to pay the remainder of what You owe Us under that Device Credit Agreement. 8.2 Subject to point 8.1, Your Agreement or the Additional Commitment Service will terminate in accordance with one of the following termination procedures: 8.2.1 Termination without a PAC or STAC. If You do not request a PAC or STAC Your Agreement will terminate at the end of the 30 day notice period. You are free to change Your mind and call Us to withdraw Your notice of termination at any time during the 30 day notice period. 8.2.2 Termination with a PAC or STAC. PACs or STACs are made available upon request and last 30 days from issue. If You request a PAC or STAC on or after the date You give Us notice to terminate this Agreement, Your Agreement will terminate once it has been used. If You don’t use the PAC or STAC within its validity period, it will expire and this Agreement will continue until You terminate again using the process described in this point 8.2. 8.3 You will be responsible for all Charges up to and including the date that this Agreement terminates. If the Agreement terminates before the expiry of the 30 day notice period, You may have to pay a Charge, as described in Our Non-Standard Price Guide. If Your Price Plan Service or the Agreement is terminated, the Additional Commitment Service will automatically terminate. 8.4 A Cancellation Charge won’t apply if You are within the Minimum Term and: 8.4.1 Our entitlement to operate the Network ends at any time; or 8.4.2 Your access to Our Network is permanently disrupted and in accordance with point 4.5 Your Monthly Charges are reduced by 100% for the remainder of Your Minimum Term; or 8.4.3 You are a Consumer and the change that We gave You Written Notice of in point 12.3 is not exclusively to Your benefit and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or 8.4.4 the change that We gave You Written Notice of in point 7.4 significantly disadvantages You and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or 8.4.5 We have given You Written Notice of an increase in a Price Plan Charge (other than an increase as a result of Our annual price increase as calculated in point 7.6); or 8.4.6 We have given You Written Notice of a change to an Additional Service (including a change to the charge), other than an Add-on, and other than as a result of (i) our annual price increase as described in point 7.5 or (ii) our changes to roaming and international charges in points 7.7 and 7.8, in a way that significantly disadvantages You; or 8.4.7 You have a right to cancel a Linked Agreement because of a change that We have made to that agreement; and 8.4.8 You give Us notice to cancel this Agreement within 30 days of Us notifying you of the change.
Appears in 3 contracts
Samples: Device Credit Agreement, Device Credit Agreement, Device Credit Agreement
Your Termination Rights. 8.1 18.1. You can give Us a notice to terminate a Service, if We are in material breach to any of Our obligations and We have failed to recover such breach within a period of forty-five (45) calendar days from the date of Your written notice to Us in this regard.
18.2. You can give Us a notice to terminate this Agreement by contacting Us and providing Us with 30 days’ Agreement, to take effect before or more notice, at any timeafter the end of the Commitment Period. We may in certain circumstances accept a shorter notice period and will let you know You if that is the case when You contact us to terminate. Our website sets out details of how You may contact Us to terminate.
8.1.1 If (except as set out in point 8.4) in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum TermHowever, You will have to pay Us a Cancellation Charge and, Termination Fees if applicable, the Additional Commitment Service Cancellation Charge, unless You have a right under point 8.4 or 8.5 not choose to pay a Cancellation Charge.
8.1.2 If a Cancellation Charge and/or an Additional Commitment Service Cancellation Charge is due, it is calculated as follows:
8.1.2.1 the sum of all outstanding Monthly Charges and/or Additional Commitment Service monthly Charges for the remainder of Your Minimum Term, factoring in any recurring monthly discount to which You are entitled, calculated at a daily rate;
8.1.2.2 minus VAT at the prevailing rate;
8.1.2.3 minus a further 4%;
8.1.2.4 reduced by any credit on Your Account; and
8.1.2.5 with VAT at the prevailing rate added onto that final amount.
8.1.3 You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended. You will have to pay Your Charges for Services during the notice period.
8.1.4 If You terminate this Agreement for any reason within Your Minimum Term, and You have a Device Credit Agreement with Us, You need to pay the remainder of what You owe Us under that Device Credit Agreement.
8.2 Subject to point 8.1, Your Agreement or the Additional Commitment Service will terminate in accordance with one of the following termination procedures:
8.2.1 Termination without a PAC or STAC. If You do not request a PAC or STAC Your Agreement will terminate at before the end of the 30 Commitment Period.
18.3. You can only give Us notice to terminate or suspend this Agreement by approaching the dedicated Account Manger to fill in and sign the relevant Order Form. However, You understand that suspension of a Service with a Commitment Period may not be allowed and may be treated as Service termination.
18.4. When a Service is terminated, You shall pay Us, any due Fees/Subscription Fees in addition to the applicable Termination Fees, except for the event stated in clause 18.1.
18.5. Upon signing the Termination / Cancellation / Suspension Order Form(s) and/or written notice, Your Agreement will be respectively suspended on the same day notice period. from when We receive Your Order Form and or written notice, although You are free to change Your mind and call Us to withdraw Your notice of termination at any time during the 30 day notice periodfollowing ten (10) working days period after which the Service will be terminated.
8.2.2 18.6. A Termination with a PAC or STAC. PACs or STACs are made available upon request and last 30 days from issue. If You request a PAC or STAC on or after the date You give Us notice to terminate this Agreement, Your Agreement will terminate once it has been used. If You don’t use the PAC or STAC within its validity period, it will expire and this Agreement will continue until You terminate again using the process described in this point 8.2.
8.3 You will be responsible for all Charges up to and including the date that this Agreement terminates. If the Agreement terminates before the expiry of the 30 day notice period, You may have to pay a Charge, as described in Our Non-Standard Price Guide. If Your Price Plan Service or the Agreement is terminated, the Additional Commitment Service will automatically terminate.
8.4 A Cancellation Charge Fee won’t apply if You are within the Minimum Term Commitment Period and:
8.4.1 Our entitlement 18.6.1. the change in the Service stated in clause 11.1 and 11.3 is of material detriment to operate You and You give Us a notice to immediately cancel this Agreement before the Network ends at any time; change takes effect. However, You will remain liable to pay the bundled Equipment remaining balance, if any, or
8.4.2 Your access to Our Network is permanently disrupted and 18.6.2. We have given You a written notice of an increase in accordance with point 4.5 Your Monthly Charges are reduced by 100% for the remainder of Your Minimum Term; or
8.4.3 You are a Consumer and the change that We gave You Written Notice of in point 12.3 is not exclusively to Your benefit Service Fee under clause 11.4 and You give Us notice to immediately cancel this Agreement within 30 before the change takes effect. However, You will remain liable to pay the bundled Equipment remaining balance. 18.7. Notwithstanding clause 18.1,18.2 18.3 and 18.4, if the Service is terminated, You shall be refunded Your deposit amount, if any, after forty (40) days of the Service termination date, provided that, no outstanding amounts are due to Us notifying otherwise such due amounts will be settled from this deposit amount. If You of fail to collect such deposit amount within seven (7) months from the change; or
8.4.4 service termination date the change that We gave You Written Notice of in point 7.4 significantly disadvantages You and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or
8.4.5 We have given You Written Notice of an increase in a Price Plan Charge (other than an increase as a result of Our annual price increase as calculated in point 7.6); or
8.4.6 We have given You Written Notice of a change to an Additional Service (including a change to the charge), other than an Add-on, and other than as a result of (i) our annual price increase as described in point 7.5 or (ii) our changes to roaming and international charges in points 7.7 and 7.8, in a way that significantly disadvantages You; or
8.4.7 You have a right to cancel a Linked Agreement because of a change that We have made to that agreement; and
8.4.8 You give Us notice to cancel this Agreement within 30 days of Us notifying you of the changedeposit amount will be forfeited.
Appears in 2 contracts
Samples: Master Cloud Services Agreement, Master Cloud Services Agreement
Your Termination Rights. 8.1 9.1 You can give Us notice to terminate this Agreement by contacting Us and providing Us with 30 days’ or more notice, at any time. We may in certain circumstances accept a shorter notice period and will let you know You if that is the case when You contact us to terminate. Our website sets out details of how You may contact Us to terminate.
8.1.1 9.1.1 If (except as set out in point 8.49.4) in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, You will have to pay Us a Cancellation Charge and, if applicable, the Additional Commitment Service Cancellation Charge, unless You have a right under point 8.4 9.4 or 8.5 9.5 not to pay a Cancellation Charge.
8.1.2 9.1.2 If a Cancellation Charge and/or an Additional Commitment Service Cancellation Charge is due, it is calculated as follows:
8.1.2.1 9.1.2.1 the sum of all outstanding Monthly Charges and/or Additional Commitment Service monthly Charges for the remainder of Your Minimum Term, factoring in any recurring monthly discount to which You are entitled, calculated at a daily rate;
8.1.2.2 9.1.2.2 minus VAT at the prevailing rate;
8.1.2.3 9.1.2.3 minus a further 4%;
8.1.2.4 reduced by any credit on Your Account; and
8.1.2.5 9.1.2.4 with VAT at the prevailing rate added onto that final amount.
8.1.3 9.1.3 You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended. You will have to pay Your Charges for Services during the notice period.
8.1.4 9.1.4 If You terminate this Agreement for any reason within Your Minimum Term, and You have a Device Credit Agreement with Us, You need to pay the remainder of what You owe Us under that Device Credit Agreement.
8.2 9.2 Subject to point 8.19.1, Your Agreement or the Additional Commitment Service will terminate in accordance with one of the following termination procedures:
8.2.1 9.2.1 Termination without a PAC or STAC. If You do not request a PAC or STAC Your Agreement will terminate at the end of the 30 day notice period. You are free to change Your mind and call Us to withdraw Your notice of termination at any time during the 30 day notice period.
8.2.2 9.2.2 Termination with a PAC or STAC. PACs or STACs are made available upon request and last 30 days from issue. If You request a PAC or STAC on or after the date You give Us notice to terminate this Agreement, Your Agreement will terminate once it has been used. If You don’t use the PAC or STAC within its validity period, it will expire and this Agreement will continue until You terminate again using the process described in this point 8.29.2.
8.3 9.3 You will be responsible for all Charges up to and including the date that this Agreement terminates. If the Agreement terminates before the expiry of the 30 day notice period, You may have to pay a Charge, as described in Our Non-Standard Price Guide. If Your Price Plan Service or the Agreement is terminated, the Additional Commitment Service will automatically terminate.
8.4 9.4 A Cancellation Charge won’t apply if You are within the Minimum Term and:
8.4.1 9.4.1 Our entitlement to operate the Network ends at any time; or
8.4.2 9.4.2 Your access to Our Network is permanently disrupted and in accordance with point 4.5 Your Monthly Charges are reduced by 100% for the remainder of Your Minimum Term; or
8.4.3 9.4.3 You are a Consumer and the change that We gave You Written Notice of in point 12.3 7.3 is not exclusively to Your benefit and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or
8.4.4 9.4.4 the change that We gave You Written Notice of in point 7.4 significantly disadvantages You and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or
8.4.5 9.4.5 We have given You Written Notice of an increase in a Price Plan Charge (other than an increase as a result of Our annual price increase as calculated in point 7.6); or
8.4.6 9.4.6 We have given You Written Notice of a change to an Additional Service (including a change to the charge), other than an Add-on, and other than as a result of (i) our annual price increase as described in point 7.5 7.6 or (ii) our changes to roaming and international charges in points 7.7 and 7.8, in a way that significantly disadvantages You; or
8.4.7 9.4.7 You have a right to cancel a Linked Agreement because of a change that We have made to that agreement; and
8.4.8 9.4.8 You give Us notice to cancel this Agreement within 30 days of Us notifying you of You about the change.
Appears in 2 contracts
Your Termination Rights. 8.1 You 13.1. you can give Us submit a notice to terminate a service if we are in material breach of any of our obligations and we have failed to recover such breach within a period of forty-five (45) calendar days from the date of your written notice to us in this regard.
13.2. you can submit a notice to terminate this Agreement by contacting Us and providing Us with 30 days’ agreement, to take effect before or more noticeafter the end of the commitment period. however, at any time. We may in certain circumstances accept a shorter notice period and will let you know You if that is the case when You contact us to terminate. Our website sets out details of how You may contact Us to terminate.
8.1.1 If (except as set out in point 8.4) in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, You will have to pay Us a Cancellation Charge and, us the termination fees if applicable, the Additional Commitment Service Cancellation Charge, unless You have a right under point 8.4 or 8.5 not you choose to pay a Cancellation Charge.
8.1.2 If a Cancellation Charge and/or an Additional Commitment Service Cancellation Charge is due, it is calculated as follows:
8.1.2.1 the sum of all outstanding Monthly Charges and/or Additional Commitment Service monthly Charges for the remainder of Your Minimum Term, factoring in any recurring monthly discount to which You are entitled, calculated at a daily rate;
8.1.2.2 minus VAT at the prevailing rate;
8.1.2.3 minus a further 4%;
8.1.2.4 reduced by any credit on Your Account; and
8.1.2.5 with VAT at the prevailing rate added onto that final amount.
8.1.3 You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended. You will have to pay Your Charges for Services during the notice period.
8.1.4 If You terminate this Agreement for any reason within Your Minimum Term, and You have a Device Credit Agreement with Us, You need to pay the remainder of what You owe Us under that Device Credit Agreement.
8.2 Subject to point 8.1, Your Agreement or the Additional Commitment Service will terminate in accordance with one of the following termination procedures:
8.2.1 Termination without a PAC or STAC. If You do not request a PAC or STAC Your Agreement will terminate at agreement before the end of the 30 day notice commitment period. You such termination fees shall be payable immediately.
13.3. you can only give us notice to terminate or suspend this agreement by approaching the dedicated account manager to fill in and sign the relevant order form. however, you understand that suspension of a service with a commitment period may not be allowed and may be treated as service termination.
13.4. when a service is terminated, you shall pay us, any due fees/subscription fees in addition to the applicable termination fees, except for the event stated in clause 13.1 above.
13.5. upon signing the termination/cancellation/suspension order form(s) and/or written notice, your agreement will be respectively suspended on the same day from when we receive your order form and or written notice. however, you are free to change Your your mind and call Us us to withdraw Your your notice of termination at any time during the 30 day notice periodfollowing ten (10) working days period after which the service will be terminated.
8.2.2 Termination with 13.6. a PAC or STAC. PACs or STACs are made available upon request and last 30 days from issue. If You request a PAC or STAC on or after the date You give Us notice to terminate this Agreement, Your Agreement will terminate once it has been used. If You don’t use the PAC or STAC within its validity period, it will expire and this Agreement will continue until You terminate again using the process described in this point 8.2.
8.3 You will be responsible for all Charges up to and including the date that this Agreement terminates. If the Agreement terminates before the expiry of the 30 day notice period, You may have to pay a Charge, as described in Our Non-Standard Price Guide. If Your Price Plan Service or the Agreement is terminated, the Additional Commitment Service will automatically terminate.
8.4 A Cancellation Charge won’t termination fee won›t apply if You you are within the Minimum Term commitment period and:
8.4.1 Our entitlement 13.6.1 the change in the service is of material detriment to operate you, and you give us a notice to immediately cancel this agreement before the Network ends at any time; change takes effect. however, you will remain liable to pay the bundled equipment remaining balance immediately, if any, or
8.4.2 Your access to Our Network is permanently disrupted and in accordance with point 4.5 Your Monthly Charges are reduced by 100% for the remainder of Your Minimum Term; or
8.4.3 You are a Consumer and the change that We gave You Written Notice of in point 12.3 is not exclusively to Your benefit and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or
8.4.4 the change that We gave You Written Notice of in point 7.4 significantly disadvantages You and You give Us notice to cancel this Agreement within 30 days of Us notifying You of the change; or
8.4.5 We 13.6.2 we have given You Written Notice you a written notice of an increase in a Price Plan Charge (other than an increase as a result of Our annual price increase as calculated in point 7.6); or
8.4.6 We have given You Written Notice of a change to an Additional Service (including a change to the charge), other than an Add-on, fee and other than as a result of (i) our annual price increase as described in point 7.5 or (ii) our changes to roaming and international charges in points 7.7 and 7.8, in a way that significantly disadvantages You; or
8.4.7 You have a right to cancel a Linked Agreement because of a change that We have made to that agreement; and
8.4.8 You you give Us us notice to immediately cancel this Agreement within 30 agreement before the change takes effect. however, you will remain liable to immediately pay the bundled equipment remaining balance.
13.7. notwithstanding clauses 13.1, 13.2, 13.3 and 13.4, if the service is terminated, you shall be refunded your deposit amount, if any, after forty (40) days of Us notifying you of the changeservice termination date, provided that, no outstanding amounts are due to us otherwise such due amounts will be settled from this deposit amount.
Appears in 1 contract
Samples: Master Cloud Services Agreement
Your Termination Rights. 8.1 19.1. You can give Us notice to terminate this Agreement by contacting Us and providing Us with 30 days’ Agreement, to take effect before or more notice, at any timeafter the end of the Commitment Period. We may in certain circumstances accept a shorter notice period and will let you know You if that is the case when You contact us to terminate. Our website sets out details of how You may contact Us to terminate.
8.1.1 If (except as set out in point 8.4) in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, However You will have to pay Us a Cancellation Charge and, Termination Fees if applicable, the Additional Commitment Service Cancellation Charge, unless You have a right under point 8.4 or 8.5 not choose to pay a Cancellation Charge.
8.1.2 If a Cancellation Charge and/or an Additional Commitment Service Cancellation Charge is due, it is calculated as follows:
8.1.2.1 the sum of all outstanding Monthly Charges and/or Additional Commitment Service monthly Charges for the remainder of Your Minimum Term, factoring in any recurring monthly discount to which You are entitled, calculated at a daily rate;
8.1.2.2 minus VAT at the prevailing rate;
8.1.2.3 minus a further 4%;
8.1.2.4 reduced by any credit on Your Account; and
8.1.2.5 with VAT at the prevailing rate added onto that final amount.
8.1.3 You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended. You will have to pay Your Charges for Services during the notice period.
8.1.4 If You terminate this Agreement for any reason within Your Minimum Term, and You have a Device Credit Agreement with Us, You need to pay the remainder of what You owe Us under that Device Credit Agreement.
8.2 Subject to point 8.1, Your Agreement or the Additional Commitment Service will terminate in accordance with one of the following termination procedures:
8.2.1 Termination without a PAC or STAC. If You do not request a PAC or STAC Your Agreement will terminate at before the end of the 30 Commitment Period.
19.2. You can only give Us notice to terminate or suspend this Agreement by approaching any of the Our shops and outlets to fill in and sign the relevant Order Form. However You understand that suspension of a Service Plan with a Commitment Period may not be allowed and may be treated as Service termination.
19.3. When Service is terminated, You shall pay Us, any due Fees/Subscription Fees in addition to the applicable Termination Fees.
19.4. Upon signing the Termination / Cancellation / Suspension Order Form(s), and subject to point 19.1, Your Agreement will be respectively suspended on the same day notice period. from when We receive Your Order Form, although You are free to change Your mind and call Us to withdraw Your notice of termination at any time during the 30 day notice periodfollowing 21 days period after which the Service will be terminated.
8.2.2 19.5. A Termination with a PAC or STAC. PACs or STACs are made available upon request and last 30 days from issue. If You request a PAC or STAC on or after the date You give Us notice to terminate this Agreement, Your Agreement will terminate once it has been used. If You don’t use the PAC or STAC within its validity period, it will expire and this Agreement will continue until You terminate again using the process described in this point 8.2.
8.3 You will be responsible for all Charges up to and including the date that this Agreement terminates. If the Agreement terminates before the expiry of the 30 day notice period, You may have to pay a Charge, as described in Our Non-Standard Price Guide. If Your Price Plan Service or the Agreement is terminated, the Additional Commitment Service will automatically terminate.
8.4 A Cancellation Charge Fee won’t apply if You are within the Minimum Term Commitment Period and:
8.4.1 Our entitlement to operate the Network ends at any time; or
8.4.2 Your access to Our Network is permanently disrupted and in accordance with point 4.5 Your Monthly Charges are reduced by 100% for the remainder of Your Minimum Term; or
8.4.3 You are a Consumer and 19.5.1. the change that We gave You Written Notice of in point 12.3 clause 11.1and 11.3 is not exclusively of material detriment to Your benefit You and You give Us a notice to immediately cancel this Agreement before the change takes effect. However You will remain liable to pay the bundled Device remaining balance, or
19.5.2. We have given You a Written Notice of an increase in aFee under clause 11.4 and You give Us notice to immediately cancel this Agreement within 30 before the change takes effect. However You will remain liable to pay the bundled Device remaining balance.
19.6. Without prejudice to clause 19.1, 19.2,19.3 and 19.7, if the Service is terminated, You shall be refunded Your deposit amount, if any, after forty (40) days of Us notifying the Service termination date, provided that, no outstanding amounts are due to VIVA otherwise such due amounts will be settled from this deposit amount. If You of fail to collect such deposit amount within seven (7) months from the change; orservice termination date the deposit amount will be forfeited.
8.4.4 the change that We gave 19.7. You Written Notice of in point 7.4 significantly disadvantages You and You give Us notice to cancel agree, under this Agreement that all excerpts, data and Accounts issued by Us shall be deemed valid against You regarding the amount of charges, fees, subscriptions, credit account and Services used. However, You are allowed to dispute Our invoice, in which case, You shall pay the amount stated in the invoice excluding the amount to which You object until the dispute is resolved by Us. And in all cases You are deemed to have waived Your right of objection after 25 days from the due date of such charges and Subscription Fees. If You do not raise an objection to the invoice within 30 days of Us notifying You of the change; or
8.4.5 We have given You Written Notice of an increase in a Price Plan Charge (other than an increase this period, it shall be considered as a result of Our annual price increase as calculated in point 7.6); orfinal declaration that the invoice is true and valid.
8.4.6 We have given 19.8. You Written Notice of may terminate Your Electronic Service Account at any time by giving Us a change to an Additional Service one (including a change to the charge), other than an Add-on, and other than as a result of (i1) our annual price increase as described in point 7.5 or (ii) our changes to roaming and international charges in points 7.7 and 7.8, in a way that significantly disadvantages You; or
8.4.7 You have a right to cancel a Linked Agreement because of a change that We have made to that agreement; and
8.4.8 You give Us notice to cancel this Agreement within 30 days of Us notifying you of the changemonth written notice.
Appears in 1 contract
Samples: Mobile Master Service Agreement