Common use of Communications Between Parties Clause in Contracts

Communications Between Parties. 23.1. Exalens may update the terms of this Agreement at any time on notice to Customer in accordance with this condition 23. Customer’s continued use of the Software and Documents following the deemed receipt and service of the notice under condition 23.3 shall constitute Customer’s acceptance to the terms of this Agreement, as varied. If Customer does not wish to accept the terms of the Agreement (as varied) Customer must immediately stop using and accessing the Software and Document on the deemed receipt and service of the notice. 23.2. If Exalens have to contact you, Exalens will do so by email or by pre-paid post to the address Customer provided in accordance with your order for the Software. 23.3. Note that any notice: (a) given by Exalens to Customer will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and (b) given by Customer to Exalens will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. 23.4. In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.