Common use of Document Structure Clause in Contracts

Document Structure. 2.1 The Agreement will consist of the following documents, whereby in case of conflict or inconsistency between these documents, the document first listed shall prevail over the document listed later: (i) the Order Form(s); (ii) the Datacenter Services Master Agreement (if concluded); (iii) the Services Specifications; (iv) General Conditions; and (v) the Policies. 2.2 The applicability of purchase terms or other terms and conditions of Customer or third parties is hereby expressly excluded. 2.3 If Evoswitch has accepted the applicability of Customer’s general terms and conditions and there is a discrepancy, conflict, or a dispute by and between any of the provisions of these general conditions and one or more of the provisions of Customer’s general conditions, the provisions of Evoswitch’s General Conditions shall govern and prevail. 2.4 Evoswitch is entitled to issue new versions and thereby amend any of the applicable documents set forth in Clause 2.1. Such amendment also applies to existing Agreement for Services, unless Evoswitch states otherwise formally in writing. The amendments come into effect fourteen (14) days after the announcement or on a later date stated in the announcement. The announcement may be made on Evoswitch’s website and/or through the Customer Portal. If Customer does not wish to accept an amendment that relates to an existing Agreement, the Customer has the right to terminate that Agreement with effect from the date on which the amendment comes into force solely by means of a written formal Notification for termination that must have been received by ▇▇▇▇▇▇▇▇▇ within fourteen (14) days after Evoswitch’s announcement of a new version of any of the document, unless (a) the amendment is solely for the benefit of the Customer; (b) the amendments are required by law; or (c) the amendment does not materially and adversely affect Customer’s use of the Services.

Appears in 2 contracts

Sources: General Conditions, General Conditions