Common use of Blockage Clause in Contracts

Blockage. 16.1 Claranet is entitled to (partially or completely) block its services for the Client, insofar as a) there is a threat to the facilities of Claranet or the unrestricted maintenance of its services and performance (also vis-à-vis other clients) (e.g. through DDoS or other hacker attacks) or to public safety; b) the Client exceeds the limits of the rights of use granted to it in accordance with Clause 14; c) the Client uses the services of Claranet abusively or illegally in breach of Clause 3.8; or d) there is a legal or regulatory obligation to do so or there is a court or official order to do so. 16.2 Claranet is furthermore entitled to (partially or completely) block its services for the Client after serving notice and observing a waiting period of two (2) weeks, if a) a chargeback occurs when receivables are collected by Claranet, unless the Client is not responsible for the chargeback; b) the Client violates Clause 3.2 and this hereby endangers a proper invoice settlement; or c) the Client is in default of payment according to Clause 4.5 to an amount of at least €75. The sending of a payment request (reminder) is considered as an announcement for blockage. Statutory rights of retention or rights to refuse performance on the part of Claranet are not restricted by this. 16.3 The blockage within the meaning of Clauses 16.1 and 16.2 remains in place only for the duration of the event which gave rise to the blockage. 16.4 Claranet will notify the Client of the blockage and the reasons for it with a reasonable period of advance notice within the scope of what is possible and reasonable. Otherwise, in particular where there is a risk of delay, the Client will be informed immediately of the blockage and the reasons for it. 16.5 Notice of a blockage in accordance with the preceding paragraphs can be sent to the email address of the administrative contact named by the Client or another email address named by the Client. Claranet is free to send a written notification instead. 16.6 The Client shall remain obliged to pay the contractually agreed charges even in the event of a blockage pursuant to Clauses 16.1 or 16.2, provided that the cause of the blockage is within the Client's sphere of risk or is attributable to the Client. For the avoidance of doubt: Availability commitments for services affected by a blockage are suspended during a blockage; Loss of services as a result of a blockage shall not be taken into account within the framework of agreed availability commitments.

Blockage. 16.1 Claranet is entitled to (partially or completely) block its services for the Client, insofar as a) there is a threat to the facilities of Claranet or the unrestricted maintenance of its services and performance (also vis-à-vis other clients) (e.g. through DDoS or other hacker attacks) or to public safety; b) the Client exceeds the limits of the rights of use granted to it in accordance with Clause 14; c) the Client uses the services of Claranet abusively or illegally in breach of Clause 3.8; or d) there is a legal or regulatory obligation to do so or there is a court or official order to do so. 16.2 Claranet is furthermore entitled to (partially or completely) block its services for the Client after serving notice and observing a waiting period of two (2) weeks, if a) a chargeback occurs when receivables are collected by Claranet▇▇▇▇▇▇▇▇, unless the Client is not responsible for the chargeback; b) the Client violates Clause 3.2 and this hereby endangers a proper invoice settlement; or c) the Client is in default of payment according to Clause 4.5 to an amount of at least €75. The sending of a payment request (reminder) is considered as an announcement for blockage. Statutory rights of retention or rights to refuse performance on the part of Claranet are not restricted by this. 16.3 The blockage within the meaning of Clauses 16.1 and 16.2 remains in place only for the duration of the event which gave rise to the blockage. 16.4 Claranet will notify the Client of the blockage and the reasons for it with a reasonable period of advance notice within the scope of what is possible and reasonable. Otherwise, in particular where there is a risk of delay, the Client will be informed immediately of the blockage and the reasons for it. 16.5 Notice of a blockage in accordance with the preceding paragraphs can be sent to the email address of the administrative contact named by the Client or another email address named by the Client. Claranet is free to send a written notification instead. 16.6 The Client shall remain obliged to pay the contractually agreed charges even in the event of a blockage pursuant to Clauses 16.1 or 16.2, provided that the cause of the blockage is within the Client's sphere of risk or is attributable to the Client. For the avoidance of doubt: Availability commitments for services affected by a blockage are suspended during a blockage; Loss of services as a result of a blockage shall not be taken into account within the framework of agreed availability commitments.