Common use of TERMINATION AND EFFECTS OF TERMINATION Clause in Contracts

TERMINATION AND EFFECTS OF TERMINATION. 12.3.1. Either Party may terminate the Agreement unilaterally, at any time and without referral to the courts, by written notice to the other Party if the latter materially breaches any of its contractual obligations or (insofar as remedy is possible) fails to rectify this within thirty (30) Calendar Days of the written notice. 12.3.2. To the maximum extent permitted by law, the Agreement shall automatically be terminated if either Party ceases its activities, becomes insolvent or goes into bankruptcy, is dissolved or undergoes a similar procedure. 12.3.3. In case the Initial Term was automatically renewed for an indefinite Renewal Term, either Party can terminate the Agreement during the Renewal Term at any time with thirty (30) Calendar Days prior written notice except in case of mobile phone number port out, in which case the Agreement is terminated immediately once the port out is effective (see article 10 for more information on the number port out procedure). 12.3.4. If the Customer prematurely terminates the Agreement during the Initial Term an early termination fee shall be payable by the Customer to Proximus amounting to the equivalent of the monthly Service fees that would have been due in case of execution of the Agreement until the end of the current Agreement period. Moreover, Proximus reserves the right to claim an additional compensation from the Customer equivalent to 50 % of the average monthly amount of the communications charged during the last three (3) months (invoices closed at the moment of termination), multiplied by the number of remaining months until the initial end date; as well as a fixed indemnity of € 50 per SIM card for the administrative costs due to the premature termination. In case of partial termination by the Customer, the early termination fee shall be calculated pro rata. Besides this compensation for early termination, any arrangement made for deferred payment shall become null and void, and any outstanding sums relating to, for example the installation or infrastructure costs, shall be due immediately. Proximus reserves the right to claim the reimbursement of any discount that the Customer may have unduly benefitted from. This calculation does not take into account the Evolution Rate. In addition, if the termination takes place during the implementation phase, costs suffered and works carried out by Proximus will be charged to the Customer. 12.3.5. Compensation may be requested from the Customer who has subscribed to a joint offer implying that the Customer received, free of charge or at a lower price, a terminal equipment, the obtaining of which was linked to the subscription of one or more service(s) for a definite or indefinite period. This compensation will be equivalent to the remaining amount, according to the depreciation table, which is communicated to the customer at the time of the subscription of the Agreement , and which sets out the residual value of the terminal equipment for each month.

Appears in 2 contracts

Sources: General Terms and Conditions, General Terms and Conditions for Mobile Services

TERMINATION AND EFFECTS OF TERMINATION. 12.3.1. Either Party may terminate the Agreement unilaterally, at any time and without referral to the courts, by written notice to the other Party if the latter materially breaches any of its contractual obligations or (insofar as remedy is possible) fails to rectify this within thirty (30) Calendar Days of the written notice. 12.3.2. To the maximum extent permitted by law, the Agreement shall automatically be terminated if either Party ceases its activities, becomes insolvent or goes into bankruptcy, is dissolved or undergoes a similar procedure. 12.3.3. In case the Initial Term was automatically renewed for an indefinite Renewal Term, either Party can terminate the Agreement during the Renewal Term at any time with thirty (30) Calendar Days prior written notice except in case of mobile phone number port out, in which case the Agreement is terminated immediately once the port out is effective (see article 10 for more information on the number port out procedure).. Proximus PLC under Belgian Public Law, ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ 27, B-1030 Brussels, VAT BE 0202.239.951, Brussels Register of Legal Entities IBAN: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, BIC: ▇▇▇▇▇▇▇▇ 12.3.4. If the Customer prematurely terminates the Agreement during the Initial Term an early termination fee shall be payable by the Customer to Proximus amounting to the equivalent of the monthly Service fees that would have been due in case of execution of the Agreement until the end of the current Agreement period. Moreover, Proximus reserves the right to claim an additional compensation from the Customer equivalent to 50 % of the average monthly amount of the communications charged during the last three (3) months (invoices closed at the moment of termination), multiplied by the number of remaining months until the initial end date; as well as a fixed indemnity of € 50 per SIM card Card for the administrative costs due to the premature termination. In case of partial termination by the Customer, the early termination fee shall be calculated pro rata. Besides this compensation for early termination, any arrangement made for deferred payment shall become null and void, and any outstanding sums relating to, for example the installation or infrastructure costs, shall be due immediately. Proximus reserves the right to claim the reimbursement of any discount that the Customer may have unduly benefitted from. This calculation does not take into account the Evolution Rate. In addition, if the termination takes place during the implementation phase, costs suffered and works carried out by Proximus will be charged to the Customer. 12.3.5. Compensation may be requested from the Customer who has subscribed to a joint offer implying that the Customer received, free of charge or at a lower price, a terminal equipment, the obtaining of which was linked to the subscription of one or more service(s) for a definite or indefinite period. This compensation will be equivalent to the remaining amount, according to the depreciation table, which is communicated to the customer at the time of the subscription of the Agreement , and which sets out the residual value of the terminal equipment for each month.

Appears in 1 contract

Sources: General Terms and Conditions

TERMINATION AND EFFECTS OF TERMINATION. 12.3.1. Either Party may terminate the Agreement unilaterally, at any time and without referral to the courts, by written notice to the other Party if the latter materially breaches any of its contractual obligations or (insofar as remedy is possible) fails to rectify this within thirty (30) Calendar Days of the written notice. 12.3.2. To the maximum extent permitted by law, the Agreement shall automatically be terminated if either Party ceases its activities, becomes insolvent or goes into bankruptcy, is dissolved or undergoes a similar procedure. 12.3.3. In case the Initial Term was automatically renewed for an indefinite Renewal Term, either Party can terminate the Agreement during the Renewal Term at any time with thirty (30) Calendar Days prior written notice except in case of mobile phone number port out, in which case the Agreement is terminated immediately once the port out is effective (see article 10 for more information on the number port out procedure). 12.3.4. If the Customer prematurely terminates the Agreement during the Initial Term an early termination fee shall be payable by the Customer to Proximus amounting to the equivalent of the monthly Service fees that would have been due in case of execution of the Agreement until the end of the current Agreement period. Moreover, Proximus reserves the right to claim an additional compensation from the Customer equivalent to 50 % of the average monthly amount of the communications charged during the last three (3) months (invoices closed at the moment of termination), multiplied by the number of remaining months until the initial end date; as well as a fixed indemnity of € 50 per SIM card for the administrative costs due to the premature termination. In case of partial termination by the Customer, the early termination fee shall be calculated pro rata. Besides this compensation for early terminationProximus PLC under Belgian Public Law, any arrangement made for deferred payment shall become null and voidBd du Roi ▇▇▇▇▇▇ ▇▇ ▇▇, and any outstanding sums relating to▇-▇▇▇▇ ▇▇▇▇▇▇▇▇, for example the installation or infrastructure costsVAT BE 0202.239.951, shall be due immediately. Proximus reserves the right to claim the reimbursement Brussels Register of any discount that the Customer may have unduly benefitted from. This calculation does not take into account the Evolution Rate. In additionLegal Entities IBAN: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, if the termination takes place during the implementation phase, costs suffered and works carried out by Proximus will be charged to the Customer. 12.3.5. Compensation may be requested from the Customer who has subscribed to a joint offer implying that the Customer received, free of charge or at a lower price, a terminal equipment, the obtaining of which was linked to the subscription of one or more service(s) for a definite or indefinite period. This compensation will be equivalent to the remaining amount, according to the depreciation table, which is communicated to the customer at the time of the subscription of the Agreement , and which sets out the residual value of the terminal equipment for each month.BIC: ▇▇▇▇▇▇▇▇

Appears in 1 contract

Sources: General Terms and Conditions for Mobile Services