microsol
02-24-2002, 03:59 PM
Ok, i want to know if this contract can be cancelt with a minimum 30 prior notice without penalty?
1. This Agreement shall be for twenty (20) months from the order date when the customer signs up and registers for the Free Web Server Services. At the end of the 20 months lease-to-own program, customer can buy your server for $0.00 from XXX Company. Customer has the option of purchasing your server(s) from XXX Company at anytime by paying an amount equal to the prices listed in the table below. Termination of account prior to the twenty (20) months period requires the customer to provide XXX Company with notice of termination either at least thirty (30) days prior to the end of the Term. Customer must provide XXX Company with your notice of termination by contacting cancel@XXX.Company. Any notice of termination will be effective upon XXX Company receipt thereof. Customer must also notify XXX Company of your intention to acquire your server(s) at the end of the contract period by providing correct mailing address to XXX Company for shipment of the aforementioned servers:
2. First monthly payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by customer prior to the renewal date. Customer will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package (e.g. extra traffic charges, additional memory, installation of new software) shall be billed accordingly.
5. All orders are subject to acceptance by XXX Company. An order will be deemed accepted by XXX Company when confirmation of the order is sent to customer. XXX Company may refuse to accept any order, or delay acceptance while waiting for completion of conditions XXX Company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and XXX Company agrees to provide customer with reasonable notice by e-mail or fax of any intent to delay or decline the acceptance of any order.
6. XXX Company reserves the right to suspend the customer's account and services without notice should there be any problems with the customer's method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks.
7. All charges for Services must be paid in advance according to the then current price applicable to the services. Upon registration for XXX Company services, customer must pay for the services by credit card. Customer thereby authorizes XXX Company to charge your respective credit or debit card to pay for any charges that may apply to your account. Customer agrees that XXX Company may accumulate any supplemental charges, as described in the Order Form, incurred by customer in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then charge your card. Customer must notify XXX Company of any changes to their card account (including, without limitation, applicable account number or cancellation or expiration of the account), billing address, or any information that may prohibit XXX Company from charging their account(s). If customer chooses to be invoiced upon registration for Free Web Server Services, XXX Company will send an invoice to the customer for the services applicable to the period for which they have registered for the Services. XXX Company may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. Customer agrees to pay to XXX Company the amount indicated in each invoice by the due date reflected on the invoice. If customer fails to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by customer to XXX Company. In addition, customer's failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this agreement, justifying XXX Company suspension of its performance of the services and/or termination of this agreement. Customer is responsible for any fees associated with reinstated of services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
3. XXX Company may discontinue servicing any plan, or may require fulfillment of terms or conditions. XXX Company may choose to impose as a prerequisite for continuing to service any such plan. Such discontinuation or requirement may not be unreasonable, however, and XXX Company agrees to provide Customer with reasonable notice by E-mail and fax of any such intent to discontinue or impose certain conditions.
This Agreement may be terminated by XXX Company, without cause, by giving the other party 30 days notice via e-mail or fax. In such event, XXX Company will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, XXX Company may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point your domain(s) to another service provider upon termination, cancellation or discontinuation of service.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. XXX Company and customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute that cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place somewhere in the US, State or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding.
Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
This Agreement contains all of the agreements of the parties concerning the Facility, and there are no verbal or other agreements, which modify or affect this Agreement. This Agreement supersedes any and all prior agreements made or executed by or on behalf of the parties hereto regarding the Facility. Customer further acknowledges that you are at least 19 years of age and is authorized to sign on behalf of the company listed in this contract.
1. This Agreement shall be for twenty (20) months from the order date when the customer signs up and registers for the Free Web Server Services. At the end of the 20 months lease-to-own program, customer can buy your server for $0.00 from XXX Company. Customer has the option of purchasing your server(s) from XXX Company at anytime by paying an amount equal to the prices listed in the table below. Termination of account prior to the twenty (20) months period requires the customer to provide XXX Company with notice of termination either at least thirty (30) days prior to the end of the Term. Customer must provide XXX Company with your notice of termination by contacting cancel@XXX.Company. Any notice of termination will be effective upon XXX Company receipt thereof. Customer must also notify XXX Company of your intention to acquire your server(s) at the end of the contract period by providing correct mailing address to XXX Company for shipment of the aforementioned servers:
2. First monthly payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by customer prior to the renewal date. Customer will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package (e.g. extra traffic charges, additional memory, installation of new software) shall be billed accordingly.
5. All orders are subject to acceptance by XXX Company. An order will be deemed accepted by XXX Company when confirmation of the order is sent to customer. XXX Company may refuse to accept any order, or delay acceptance while waiting for completion of conditions XXX Company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and XXX Company agrees to provide customer with reasonable notice by e-mail or fax of any intent to delay or decline the acceptance of any order.
6. XXX Company reserves the right to suspend the customer's account and services without notice should there be any problems with the customer's method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks.
7. All charges for Services must be paid in advance according to the then current price applicable to the services. Upon registration for XXX Company services, customer must pay for the services by credit card. Customer thereby authorizes XXX Company to charge your respective credit or debit card to pay for any charges that may apply to your account. Customer agrees that XXX Company may accumulate any supplemental charges, as described in the Order Form, incurred by customer in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then charge your card. Customer must notify XXX Company of any changes to their card account (including, without limitation, applicable account number or cancellation or expiration of the account), billing address, or any information that may prohibit XXX Company from charging their account(s). If customer chooses to be invoiced upon registration for Free Web Server Services, XXX Company will send an invoice to the customer for the services applicable to the period for which they have registered for the Services. XXX Company may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. Customer agrees to pay to XXX Company the amount indicated in each invoice by the due date reflected on the invoice. If customer fails to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by customer to XXX Company. In addition, customer's failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this agreement, justifying XXX Company suspension of its performance of the services and/or termination of this agreement. Customer is responsible for any fees associated with reinstated of services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
3. XXX Company may discontinue servicing any plan, or may require fulfillment of terms or conditions. XXX Company may choose to impose as a prerequisite for continuing to service any such plan. Such discontinuation or requirement may not be unreasonable, however, and XXX Company agrees to provide Customer with reasonable notice by E-mail and fax of any such intent to discontinue or impose certain conditions.
This Agreement may be terminated by XXX Company, without cause, by giving the other party 30 days notice via e-mail or fax. In such event, XXX Company will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, XXX Company may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point your domain(s) to another service provider upon termination, cancellation or discontinuation of service.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. XXX Company and customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute that cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place somewhere in the US, State or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding.
Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
This Agreement contains all of the agreements of the parties concerning the Facility, and there are no verbal or other agreements, which modify or affect this Agreement. This Agreement supersedes any and all prior agreements made or executed by or on behalf of the parties hereto regarding the Facility. Customer further acknowledges that you are at least 19 years of age and is authorized to sign on behalf of the company listed in this contract.