Common use of Term Termination Cancellation Policy Clause in Contracts

Term Termination Cancellation Policy. The initial term of this Agreement shall be as set forth in the Order Form or Contract (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) by WebbIT in the event of nonpayment by Customer, (iv) by WebbIT, at any time, without notice, if, in WebbIT's judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in WebbIT's judgment, could disrupt, WebbIT's business operations and (v) by WebbIT in accordance with Sections 2, 9, and 10 of this Agreement. If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) WebbIT shall refund to you all pre- paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,

Appears in 1 contract

Sources: Services Agreement

Term Termination Cancellation Policy. a. The initial term of this Agreement shall be as set forth in the Order Form or Contract (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Termrenew. ADDITIONALLY AFTER THE INITIAL TERM, unless terminated or cancelled by either party as provided in this sectionYOU ACKNOWLEDGE, AGREE AND AUTHORIZE ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". . b. This Agreement may be terminated (i) i. by either party by giving the other party 30 thirty (30) days prior written notice (subject to an a $50.00 early cancellation fee as provided below)payable by Customer, (by Customer, ii) . by WebbIT ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ in the event of nonpayment iii. by Customer, (iv) by WebbIT▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, at any time, without notice, if, in WebbIT's ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the Usage Policy this Agreement and related agreements, AUP, or Customer's use of the Service Services disrupts or, in WebbIT's ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ sole and absolute discretion and/or judgment, could disrupt, WebbIT's ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ business operations and (v) and/or iv. by WebbIT ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ in accordance with Sections 21, 9, and 10 of this Agreement. . c. If you cancel this Agreement Agreement, upon proper notice to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ , prior to the end of the TermInitial Term or any Term thereafter, (i) . you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) WebbIT shall ; i. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ may refund to you all pre- pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,, provided that, you are not in breach of any terms and conditions of this AUP, User Agreement, Spamming Policy or Domain Policy; and/or ii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above. Any cancellation request shall be effective thirty (30) days after receipt by ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, unless a later date is specified in such request. d. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ may terminate this Agreement, without penalty, . if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or i. immediately, if ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ determines in good faith that Customer's use of the Customer the Services, the Web site or the Customer Content violates any ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer's use of the Services disrupts our network, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ shall have the right to charge you an administrative fee of $50.00. e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 8, 10, 11, 13 and 15 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ may be entitled. 1. Customer's Responsibilities. . Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site. a. Customer will cooperate fully with ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ in connection with ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ of any change in Customer's mailing address, telephone, e- mail or other contact information. b. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use. c. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to provide the Services, as the same may be changed by ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ from time to time. Specifications for the hardware and software used by ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to provide the Services will be available on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Web site. Customer shall periodically access ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Web site to determine if ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ has made any changes thereto. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to provide the Services. d. Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content. 1. Customer's Representations and Warranties. . Customer hereby represents and warrants to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, and agrees that during the Initial Term and any Term thereafter Customer will ensure that: 0. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to pay any fees, residuals, guild payments or other compensation of any kind to any Person; 1. Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; 2. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes;

Appears in 1 contract

Sources: User Agreement

Term Termination Cancellation Policy. a. The initial term of this Agreement shall be as set forth in the Order Form or Contract (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Termrenew. ADDITIONALLY AFTER THE INITIAL TERM, unless terminated or cancelled by either party as provided in this sectionYOU ACKNOWLEDGE, AGREE AND AUTHORIZE DMXHOSTING TO AUTOMATICALLY ▇▇▇▇ AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". . b. This Agreement may be terminated (i) i. by either party by giving the other party 30 thirty (30) days prior written notice (subject to an a $50.00 early cancellation fee as provided below)payable by Customer, (ii) . by WebbIT DMXHOSTING in the event of nonpayment by Customer, (iv) iii. by WebbITDMXHOSTING, at any time, without notice, if, in WebbITDMXHOSTING's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the Usage Policy this Agreement and related agreements, AUP, or Customer's use of the Service Services disrupts or, in WebbITDMXHOSTING's sole and absolute discretion and/or judgment, could disrupt, WebbITDMXHOSTING's business operations and (v) and/or iv. by WebbIT DMXHOSTING in accordance with Sections 21, 9, and 10 of this Agreement. . c. If you cancel this Agreement Agreement, upon proper notice to DMXHOSTING, prior to the end of the TermInitial Term or any Term thereafter, (i) . you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) WebbIT shall ; i. DMXHOSTING may refund to you all pre- pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,, provided that, you are not in breach of any terms and conditions of this AUP, User Agreement, Spamming Policy or Domain Policy; and/or ii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above. Any cancellation request shall be effective thirty (30) days after receipt by DMXHOSTING, unless a later date is specified in such request. d. DMXHOSTING may terminate this Agreement, without penalty, . if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or i. immediately, if DMXHOSTING determines in good faith that Customer's use of the Customer the Services, the Web site or the Customer Content violates any DMXHOSTING term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If DMXHOSTING cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer's use of the Services disrupts our network, DMXHOSTING shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and DMXHOSTING shall have the right to charge you an administrative fee of $50.00. e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 8, 10, 11, 13 and 15 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which DMXHOSTING may be entitled.

Appears in 1 contract

Sources: User Agreement

Term Termination Cancellation Policy. a. The initial service term of this Agreement shall be as set forth in the Armada IT Services Outline & Order Form or Contract (the "Initial “Service Term"). The Initial Service Term shall begin upon commencement of the Services to Customer. After the Initial Service Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Termrenew. ADDITIONALLY AFTER THE SERVICE TERM, unless terminated or cancelled by either party as provided in this sectionYOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE SERVICE TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Service Term and all successive renewal periods shall be referred to, collectively, as the "Term". ”. b. This Agreement may be terminated (i) i. by either party by giving the other party 30 thirty (30) days prior written notice (subject to a minimum $100.00 charge as an early cancellation fee as provided below)payable by Customer, (ii) . by WebbIT Company in the event of nonpayment non-payment by Customer▇▇▇▇▇▇▇▇, (iv) iii. by WebbITCompany, at any time, without notice, if, in WebbIT's Company’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the Usage Policy this Agreement and related agreements, AUP, or Customer's ’s use of the Service Services disrupts or, in WebbIT's Company’s sole and absolute discretion and/or judgment, could disrupt, WebbIT's Company’s business operations and (v) and/or iv. by WebbIT in accordance with Sections 2, 9, and 10 of Company as provided herein. c. If You cancel this Agreement. If you cancel this Agreement , upon proper notice to Company, prior to the end of the Term, (i) you Service Term or any Term thereafter, i. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, ; ii. Company may (iibut is not obligated to) WebbIT shall refund to you You all pre- pre-paid fees for basic hosting services IT Services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,, provided that, You are not in breach of any terms and conditions of the AUP or this Agreement; and/or iii. You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term. Any cancellation request shall be effective thirty (30) days after receipt by Company, unless a later date is specified in such request. d. Company may terminate this Agreement, without penalty, i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or

Appears in 1 contract

Sources: Terms of Service Agreement