CLOUD SERVICES TERM AND TERMINATION Clause Samples

CLOUD SERVICES TERM AND TERMINATION. 7.1 Unless otherwise agreed in the initial POF, the Cloud Services shall commence on the Cloud Services Effective Date and, unless terminated sooner in accordance with the terms of this Agreement, shall continue for an initial term of twelve (12) months (the “Initial Subscription Period”) and thereafter, the term shall be automatically extended for successive twelve (12) months periods (each an “12 Months Period”), unless either Party notifies in writing the other Party of its intention to terminate the Cloud Services at least ninety (90) days before the end of the Initial Subscription Period or any 12 Months Period thereafter, in which case the provision of and access to the Cloud Services shall terminate upon the expiry of the applicable Initial Subscription Period or 12 Months Period (the “Subscription Period”). 7.2 Upon termination of the Subscription Period, the rights and licence granted in this Annex shall automatically cease to exist. Customer shall be entitled to receiving a copy of Customer Data stored on the Server as well as of the Software stored on the Server in case this was Customer’s own copy placed on the Server under Cloud Services. Not earlier than 14 days and no later than two (2) months after termination of the Subscription Period, Planon will destroy or otherwise dispose of any Customer Data. Planon shall make available to Customer a copy of Customer Data in Planon’s format upon request by Customer within two (2) months after termination of the Cloud Services. If and when ▇▇▇▇▇▇ has not received such request within said period, then Planon is entitled to destroy or otherwise dispose of any Customer Data. 7.3 Planon may suspend access to the Cloud Services or, if applicable, provision of Consultancy Services and/or Training Services at its sole discretion, with prior written notice to Customer if: (a) any payment is delinquent by more than five (5) days and if such default is not remedied within fifteen (15) days after written notice, (b) Customer materially breaches any provision of this Agreement (for a breach that can be remedied but that is not remedied: within fifteen (15) days after written notice), or (c) Customer fails to perform its obligations under the Agreement (for a failure that can be remedied but that is not remedied: within fifteen (15) days after written notice), such suspension to continue until such payment is made or breach or failure is cured.