Common use of KIT FUND Clause in Contracts

KIT FUND. 2.1 The Supplier may in its sole discretion allocate a credit amount (‘Kit Fund’) to enable the Client to purchase Equipment through the Supplier from a network distributor, 2.2 The Supplier may in its sole discretion allocate a credit amount (‘Kit Fund’) to enable the Client to purchase Equipment through the Supplier from a network distributor. 2.3 The Supplier shall determine the amount of Kit Fund available to the Client, and will outline this in the Order Form. 2.4 Notwithstanding clause 2.1 and 2.2 above, the Supplier reserves the right to: (a) refuse a Customer’s request to purchase Equipment using the Kit Fund in its sole discretion; (b) not agree to purchase Equipment for the Client’s use following the 12th month after the Commencement Date unless a Client Review Meeting has taken place between representatives of the Client and the Supplier. 2.5 The Kit Fund remains the property of the Supplier at all times and the Supplier reserves the right to reduce and/or suspend the Client’s access to the Kit Fund in any of the following circumstances: (a) the Client is in material breach of the Agreement, including but not limited to the Client’s failure to pay the Fees on the due date; (b) the Supplier has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully; (c) any licence under which the Client has the right to run its telecommunications system and connect to the Network Services is revoked; (d) the Supplier is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client; (e) the Carrier charges the Supplier as a result of the Client’s conduct, including if the Client pays a ▇▇▇▇▇▇▇’▇ ▇▇▇▇ late or does not use the Network Services. 2.6 The Client may be eligible to receive additional Kit Fund credits for any new connections that the Supplier adds to the Client’s existing Agreement. The amount of any additional Kit Fund credits shall be determined by the Supplier, and may vary based on network provider terms, the duration and types of each mobile connection. 2.7 Any revenue generated, as part of a network revenue share plan that the Supplier receives from the relevant network provider shall be reconciled every six months, in arrears from the Commencement Date. The Supplier shall credit the Client’s Kit Fund with the Agreed Revenue Share, subject to these terms and conditions. 2.8 Notwithstanding clause 2.6 above, the percentage of any Agreed Revenue Shares will automatically drop by 5% in the final half of the Minimum Term, where the Client enters into a Minimum Term of 24 or 36 months. 2.9 Any amounts remaining in the Kit Fund upon expiry of the Minimum Term or on termination of the Agreement will not be paid to the Client but will be retained by the Supplier, unless otherwise agreed between the parties.

Appears in 1 contract

Sources: Mobile Services Agreement

KIT FUND. 2.1 6.9.1 The Supplier Client may from time to time be allocated a credit limit by AiMTECH Business Services (the “Kit Fund”) which is set out in the Order Form. 6.9.2 Subject to the written approval of a director of AiMTECH Business Services, AiMTECH Business Services may at its sole discretion allocate a credit an amount (‘equivalent to the value in the Kit Fund’) to enable Fund for the Client to purchase Equipment through the Supplier AiMTECH Business Services from a network distributor, 2.2 The Supplier may in its sole discretion allocate a credit amount (‘Kit Fund’) distributor or to enable the Client to purchase Equipment through the Supplier from a network distributoroffset Charges. 2.3 The Supplier shall determine the amount of Kit Fund available to the Client, and will outline this in the Order Form. 2.4 Notwithstanding clause 2.1 and 2.2 above, the Supplier 6.9.3 AiMTECH Business Services reserves the right to: (a) to refuse a CustomerClient’s request to purchase Equipment using the Kit Fund in its sole discretion;Equipment. (b) 6.9.4 AiMTECH Business Services will not agree to purchase Equipment for the Client’s use following the 12th month after the Commencement Go-Live Date unless a Client Review Meeting has taken place between representatives of the Client and the SupplierAiMTECH Business Services. 2.5 6.9.5 The Kit Fund remains the property of the Supplier AiMTECH Business Services at all times and the Supplier times. 6.9.6 AiMTECH Business Services reserves the right to reduce and/or suspend the Client’s access apply a charge to the Kit Fund in any of the following circumstances: (a) the Client is in material breach of the Agreement, a material term of these Conditions including but not limited to the Client’s failure to pay the Fees Price and/or the Charges (or any of them) to AiMTECH Business Services on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date); (b) the Supplier AiMTECH Business Services has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully; (c) any licence under which the Client has the right to run its telecommunications telecommunciations system and connect to the Network Services is revoked; (d) the Supplier AiMTECH Business Services is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client; (e) AiMTECH Business Services reasonably suspects that the Client is in breach of its obligations under the Contract; (f) AiMTECH Business Services reasonably suspects that the Client is intending to terminate the Contract in breach of its obligations; or (g) the Carrier charges the Supplier AiMTECH Business Services as a result of the Client’s conduct, including if the Client pays a ▇▇▇▇▇▇▇’▇ ▇▇▇▇ late or does not use the Network Services. 2.6 The Client may be eligible to receive additional 6.9.7 Any Kit Fund credits for any new connections that remaining at the Supplier adds to the Client’s existing Agreement. The amount of any additional Kit Fund credits shall be determined by the Supplier, and may vary based on network provider terms, the duration and types of each mobile connection. 2.7 Any revenue generated, as part of a network revenue share plan that the Supplier receives from the relevant network provider shall be reconciled every six months, in arrears from the Commencement Date. The Supplier shall credit the Client’s Kit Fund with the Agreed Revenue Share, subject to these terms and conditions. 2.8 Notwithstanding clause 2.6 above, the percentage of any Agreed Revenue Shares will automatically drop by 5% in the final half of the Minimum Term, where the Client enters into a Minimum Term of 24 or 36 months. 2.9 Any amounts remaining in the Kit Fund upon expiry of the Minimum Term or on the termination of the Agreement Contract will not be paid to the Client but will be retained by the Supplier, unless otherwise agreed between the partiesAiMTECH Business Services.

Appears in 1 contract

Sources: Master Services Agreement