Common use of Objection Right for New Sub-processors Clause in Contracts

Objection Right for New Sub-processors. Customer may object to nShift’s use of a new Sub- processor by notifying nShift promptly in writing within thirty (30) days after receipt of nShift’s notice in accordance with the mechanism set out in Section 5.2. In the event Customer objects to a new Sub- processor, as permitted in the preceding sentence, nShift will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub- processor without unreasonably burdening the Customer. If nShift is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may terminate the applicable Services which cannot be provided by nShift without the use of the objected-to new Sub-processor by providing written notice to nShift. nShift will refund Customer any prepaid fees covering the remainder of the term following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.

Appears in 3 contracts

Samples: fs.hubspotusercontent00.net, fs.hubspotusercontent00.net, nshift.com

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Objection Right for New Sub-processors. Customer may object to nShiftClose’s use of a new Sub- Sub-processor by notifying nShift Close promptly in writing at xxxxxxx@xxxxx.xxx within thirty (30) days after receipt of nShiftClose’s notice in accordance with the mechanism set out in Section 5.2. In the event If Customer objects to a new Sub- processor, Sub-processor as permitted in the preceding sentence, nShift Close will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub- Sub-processor without unreasonably burdening the Customer. If nShift Close is unable to make available such change within a reasonable period of time, which shall not exceed thirty sixty (3060) days, Customer may terminate the applicable Order Form(s) with respect only to those Services which cannot be provided by nShift Close without the use of the objected-to new Sub-processor by providing written notice to nShiftClose. nShift Close will refund Customer any prepaid fees covering the remainder of the term of such Order Form(s) following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.

Appears in 1 contract

Samples: Processing Agreement

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