Common use of FIXED TERM AGREEMENTS Clause in Contracts

FIXED TERM AGREEMENTS. 2.2.1 Where the Subscriber is a natural person, you may cancel the Agreement either on the expiry of the fixed period ("Initial Fixed Period") selected in the Application Form (such Initial Fixed Period calculated from the Activation Date) or on at least 20 (twenty) Business Days written notice to Cloudseed at any time prior to the expiry of the Initial Fixed Period, subject to clause 2.2.4. If the Agreement is not cancelled by you or by us prior to or on the expiry of the Initial Fixed Period, it will automatically continue and constitute a month to month agreement terminable on at least 1 (one) calendar month's notice to Cloudseed, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. We will notify you not more than 80 (eighty) Business Days and not less than 40 (forty) Business Days prior to the expiry of the Initial Fixed Period of the impending expiry date any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel as aforesaid. 2.2.2 Where the Subscriber is a Juristic Person, you may not cancel the agreement during the Initial Fixed Term of the Agreement (such Initial Fixed Period calculated from the Activation Date) save for a material unremedied breach committed by Cloudseed. At the expiry of the Initial Fixed Period, the Agreement will automatically renew and will continue on a month to month basis ("Renewal Period") on the revised terms including revised pricing applicable for such Renewal Period which Cloudseed will notify you of prior to the expiry of the Initial Fixed Period. You may terminate the Agreement during the Renewal Period by giving 1 (one) calendar month notice or notice as specified in the Product Terms or Application Form, which notice will take effect on the first day of the month immediately following the end of such notice period. 2.2.3 Cloudseed may cancel the Agreement – 2.2.3.1 in the case of a fixed term agreement concluded with natural persons – 20 (twenty) Business Days after giving you written notice to remedy a material breach of the Agreement and you have failed to remedy that breach within such time; and 2.2.3.2 in the case of any other fixed term agreement or any month to month agreement, on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in the Product Terms or these general terms and conditions. 2.2.4 In the case of a fixed term agreement contemplated in 2.2.1, in the event that you cancel the Agreement prior to the expiry of the Initial Fixed Term, you will remain liable for all amounts owing up to the date of cancellation and in addition Cloudseed will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term.

Appears in 1 contract

Sources: General Terms and Conditions

FIXED TERM AGREEMENTS. 2.2.1 2.2.1. Where the Subscriber is a natural person, you may cancel the Agreement either on the expiry of the fixed period ("Initial Fixed Period") selected in the Application Form (such Initial Fixed Period calculated from the Activation Date) or on at least 20 (twenty) Business Days written notice to Cloudseed The Company at any time prior to the expiry of the Initial Fixed Period, subject to clause 2.2.4. If the Agreement is not cancelled by you or by us prior to or on the expiry of the Initial Fixed Period, it will automatically continue and constitute on a month to month agreement terminable on at least 1 (one) calendar month's notice to Cloudseed, which termination will take effect on the first day of the month immediately following the end of the applicable notice periodmonthly basis. We will notify you not more than 80 (eighty) Business Days and not less than 40 (forty) Business Days prior to the expiry of the Initial Fixed Period of the impending expiry date any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel. If you cancel as aforesaidthe Agreement during the Initial Fixed Period, you will remain liable for all amounts owing up to the date of cancellation and in addition The Company will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term. 2.2.2 2.2.2. Where the Subscriber is a Juristic Person, you may not cancel the agreement during the Initial Fixed Term of the Agreement (such Initial Fixed Period calculated from the Activation Date) save for a material unremedied breach committed by CloudseedThe Company. At the expiry of the Initial Fixed Period, the Agreement will automatically renew and will continue on a month to month monthly basis ("Renewal Period") on the revised terms including revised pricing applicable for such Renewal Period which Cloudseed The Company will notify you of prior to the expiry of the Initial Fixed Period. You may terminate the Agreement during the Renewal Period by giving 1 (one) calendar month notice or notice as specified in the Product Terms or Application Form, which notice will take effect on the first day of the month immediately following the end of such notice period. 2.2.3 Cloudseed 2.2.3. The Company may cancel the Agreement – 2.2.3.1 2.2.3.1. in the case of a fixed term agreement concluded with natural persons – 20 (twenty) Business Days after giving you written notice to remedy a material breach of the Agreement and you have failed to remedy that breach within such time; and 2.2.3.2 2.2.3.2. in the case of any other fixed term agreement or any month to month agreement, on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in the Product Terms or these general terms and conditions. 2.2.4 In the case of a fixed term agreement contemplated in 2.2.1, in the event that you cancel the Agreement prior to the expiry of the Initial Fixed Term, you will remain liable for all amounts owing up to the date of cancellation and in addition Cloudseed will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term.

Appears in 1 contract

Sources: General Terms and Conditions

FIXED TERM AGREEMENTS. 2.2.1 2.2.1. Where the Subscriber is a natural person, you may cancel the Agreement either on the expiry of the fixed period ("Initial Fixed Period") selected in the Application Form (such Initial Fixed Period calculated from the Activation Date) or on at least 20 (twenty) Business Days written notice to Cloudseed The Company at any time prior to the expiry of the Initial Fixed Period, subject to clause 2.2.4. If the Agreement is not cancelled by you or by us prior to or on the expiry of the Initial Fixed Period, it will automatically continue and constitute on a month to month agreement terminable on at least 1 (one) calendar month's notice to Cloudseed, which termination will take effect on the first day of the month immediately following the end of the applicable notice periodmonthly basis. We will notify you not more than 80 (eighty) Business Days and not less than 40 (forty) Business Days prior to the expiry of the Initial Fixed Period of the impending expiry date any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel. If you cancel as aforesaidthe Agreement during the Initial Fixed Period, you will remain liable for all amounts owing up to the date of cancellation and in addition The Company will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term. 2.2.2 2.2.2. Where the Subscriber is a Juristic Person, you may not cancel the agreement during the Initial Fixed Term of the Agreement (such Initial Fixed Period calculated from the Activation Date) save for a material unremedied breach committed by CloudseedThe Company. At the expiry of the Initial Fixed Period, the Agreement will automatically renew and will continue on a month to month monthly basis ("Renewal Period") on the revised terms including revised pricing applicable for such Renewal Period which Cloudseed The Company will notify you of prior to the expiry of the Initial Fixed Period. You may terminate the Agreement during the Renewal Period by giving 1 3 (oneThree) calendar month months notice or notice as specified in the Product Terms or Application Form, which notice will take effect on the first day of the month immediately following the end of such notice period. 2.2.3 Cloudseed 2.2.3. The Company may cancel the Agreement – 2.2.3.1 2.2.3.1. in the case of a fixed term agreement concluded with natural persons – 20 (twenty) Business Days after giving you written notice to remedy a material breach of the Agreement and you have failed to remedy that breach within such time; and 2.2.3.2 2.2.3.2. in the case of any other fixed term agreement or any month to month agreement, on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in the Product Terms or these general terms and conditions. 2.2.4 In the case of a fixed term agreement contemplated in 2.2.1, in the event that you cancel the Agreement prior to the expiry of the Initial Fixed Term, you will remain liable for all amounts owing up to the date of cancellation and in addition Cloudseed will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term.

Appears in 1 contract

Sources: General Terms and Conditions