Common use of Terminating the Contract Clause in Contracts

Terminating the Contract. 10.1 The Customer may cancel the Contract or any part of the Service within ten working days from the date that the Customer agrees to proceed with the contract without additional charge, other than those charges actually incurred by under clause 10.6. Thereafter, if the Customer cancels the Contract or any part of the Service any time before Microcare provides the Service the Customer will pay Microcare the early termination charges calculated in accordance with clause 10.6. 10.2 The Contract may be ended by either party upon giving the other one calendar month’s prior written notice to the other. 10.3 If the Customer or Microcare ends the Contract during the Minimum Period the Customer will pay Microcare the Early Termination Charges set out in clause 10.6. This clause will not apply if: (a) the Customer ends the Contract during the Minimum Period because Microcare is in material breach of the Contract and fails to remedy such breach within 30 days of receiving a request from the Customer to remedy the breach; (subject to the breach being capable of being remedied by Microcare);or (b) the Customer gives notice to end the Contract within ten working days of Microcare notifying the Customer of an increase to the charges or changes to the Terms and Conditions in either case to the Customer's significant detriment; or (c) a Customer as a Business Customer wishes to cancel the Contract at any time prior to the Service Start Date by giving written notice to Microcare or contacting Microcares’ customer services. Microcare will inform the Customer of the Service Start Date by issuing a Notification Letter to the Customer. For the avoidance of doubt, any costs incurred by the Customer prior to the cancellation of the Contract shall be charged to the Customer and become payable in accordance with clause 8. (d) Microcare ends the Contract of the Service during the Minimum Period for any reason other than because of a default of the Customer (e) the Contract ends because clause 15.1 applies 10.4 The Customer may end the Contract if: (a) Microcare materially breaches the Contract and fails to remedy the breach within 30 days of receiving a request from the Customer to remedy the breach(subject to the breach being capable of being remedied by Microcare); or (b) insolvency proceedings are brought against Microcare or Microcare makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of Microcares’ assets or Microcare goes into liquidation. 10.5 If the Customer terminates this Contract prior to expiry of the Minimum Period, other than in respect of termination by the Customer pursuant to clauses 10.3 and 10.4, the Customer shall pay the early termination charges, calculated in accordance with clause 10.6. 10.6 The early termination charges shall be, for each line that a Customer cancels:- (a) the sum of the Line Rental charges payable by the Customer from the date of actual termination until the date of expiry of the Minimum Period; and (b) any actual Call Charges accrued up to and including the date of termination; and (c) 25% of the Call Charges that would otherwise have been payable by the Customer during the Minimum Period. Such sum to be calculated by taking the average monthly Call Charges incurred during the period from the Service Start Date to the date of termination multiplied by the number of months remaining in the Minimum Period. Such sums shall be paid by way of liquidated and ascertained damages by the Customer to Microcare and such sums are accepted by the parties as being a genuine pre-estimate of the net losses likely to be suffered by Microcare in such an event and. (d) an administration charge of £70.00 (seventy pounds) plus VAT. 10.7 If the Customer terminates this Contract during the Subsequent Term the provisions of clauses 10.2 to 10.6 shall apply with the phrase "Subsequent Term" replacing the phrase "Minimum Period". 10.8 If the Contract ends, Microcare will refund any money owed to the Customer, after first deducting any money the Customer owes to Microcare under this Contract or any other agreement Microcare has with the Customer. 10.9 Without prejudice to its other rights under this Contract if Customer terminates any Service prior to expiry of the Minimum Period, other than in respect of termination by the Customer pursuant to clauses 10.3 and 10.4, Microcare shall be entitled to charge the Customer an amount that would be reasonable in covering Microcare’s losses as a result of such a termination.

Terminating the Contract. 10.1 11.1 The Customer may cancel the Contract or any part of the Service within ten working days Working Days from the date that the Customer agrees to proceed with the contract without additional charge, other than those charges actually incurred by under clause 10.611.6. Thereafter, if the Customer cancels the Contract or any part of the Service any time before Microcare provides the Service the Customer will pay Microcare the early termination charges Early Termination Charges calculated in accordance with clause 10.611.6. 10.2 11.2 The Contract may be ended by either party upon giving the other one calendar month’s prior written notice to the other. 10.3 11.3 If the Customer or Microcare ends the Contract during the Minimum Period the Customer will pay Microcare the Early Termination Charges early termination charges set out in clause 10.611.6. This clause will not apply if: (a) the Customer ends the Contract during the Minimum Period because Microcare is in material breach of the Contract and fails to remedy such breach within 30 days of receiving a request from the Customer to remedy the breach; breach (subject to the breach being capable of being remedied by Microcare);orMicrocare); or (b) the Customer gives notice to end the Contract within ten working 14 days of Microcare notifying the Customer of an increase to the charges or changes to the Terms and Conditions in either case to the Customer's significant detriment; or (c) a Customer Customer, as a Business Customer Customer, wishes to cancel the Contract at any time prior to the Service Start Date by giving written notice to Microcare or contacting Microcares’ customer servicesMicrocare’s Customer Services. Microcare will inform the Customer of the Service Start Date by issuing a Notification Letter to the Customer. For the avoidance of doubt, any costs incurred by the Customer prior to the cancellation of the Contract shall be charged to the Customer and become payable in accordance with clause 811.6. (d) Microcare ends the Contract of the Service during the Minimum Period for any reason other than because of a default of the Customer Customer (e) the Contract ends because clause 15.1 17.1 applies 10.4 11.4 The Customer may end the Contract if: (a) Microcare materially breaches the Contract and fails to remedy the breach within 30 days of receiving a request from the Customer to remedy the breach(subject breach (subject to the breach being capable of being remedied by Microcare); or (b) insolvency proceedings are brought against Microcare or Microcare makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of Microcares’ Microcare’s assets or Microcare goes into liquidation. 10.5 11.5 If the Customer terminates this Contract prior to expiry of the Minimum Period, other than in respect of termination by the Customer pursuant to clauses 10.3 11.3 and 10.411.4, the Customer shall pay the early termination charges, calculated in accordance with clause 10.611.6. 10.6 11.6 The early termination charges shall be, for each line data connection that a Customer cancels:- (a) the sum of the Line Rental data monthly charges payable by the Customer from the date of actual termination until the date of expiry of the Minimum Period; and (b) any actual Call overage Charges accrued up to and including the date of termination; and (c) 25% of the Call Charges that would otherwise have been payable by the Customer during the Minimum Period. Such sum to be calculated by taking the average monthly Call Charges incurred during the period from the Service Start Date to the date of termination multiplied by the number of months remaining in the Minimum Period. Such sums shall be paid by way of liquidated and ascertained damages by the Customer to Microcare and such sums are accepted by the parties as being a genuine pre-estimate of the net losses likely to be suffered by Microcare in such an event and. (d) an administration charge of £70.00 (seventy pounds) plus VAT. 10.7 11.7 If the Customer terminates this Contract during the Subsequent Term the provisions of clauses 10.2 to 10.6 shall apply with the phrase "Subsequent Term" replacing the phrase "Minimum Period". 10.8 11.8 If the Contract ends, Microcare will refund any money owed to the Customer, after first deducting any money the Customer owes to Microcare under this Contract or any other agreement Microcare has with the Customer. 10.9 Without prejudice to its other rights under this Contract if 11.9 If Customer terminates any Service prior to expiry of the Minimum Period, other than in respect of termination by the Customer pursuant to clauses 10.3 11.3 and 10.411.4, Microcare shall be entitled to charge the Customer an amount that would be reasonable in covering Microcare’s losses as a result of such a termination.