Common use of Data Package Clause in Contracts

Data Package. 3.1 The Client shall purchase a package of data and/or content relating to Pre-Match Events and In-Play Events from the Supplier (the “Data Package”). The fees for the Data Package are set out in paragraph 5 of this Schedule 1 (Data Package Fee), and those sums shall be included in the invoices submitted under Clause 11. The Supplier will neither make any profit from, nor apply any mark-up to, the costs of data that are charged to the Client in accordance with this Schedule 1. 3.2 The Supplier reserves the right to select the Data and Content Providers that are used, at its sole discretion. 3.3 The Client acknowledges that: ● the events for which data is provided, as described in the table in paragraph ‎‎ 5 of this Schedule 1, may be subject to change at the Supplier’s sole discretion; ● the Supplier’s Data and Content Service costs may increase over time and the Supplier reserves the right to vary the fees (and/or basis upon which the fees are calculated) of any Data and Content Services affected by such cost increases, or exclude any part of the Service at its sole discretion. The Supplier will inform the Client with reasonable advance notice of any such decision. 3.4 Subject to Clause ‎ 14.1, the Supplier will have no liability to provide any part of the Service or for any delay in the provision of any part of the Service which is dependent on Data and Content Services (and may, at its sole discretion, immediately suspend or terminate the provision of the same): ● where the Client does not (i) elect in accordance with paragraph 2.1 to take relevant optional Data and Content Services; (ii) comply with Clause 6.8; (iii) provide the Supplier with reasonable evidence that the Client has complied with the requirements referred to in Clause 6.8; and/or (iv) does not promptly pay the required fees, or states an intention not to pay the required fees, for any relevant Data and Content Services; and/or ● where it is caused by any failure or delay by the Data and Content Providers to provide any data or content.