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Location: Long Eaton
Joined: Oct 2004
Posts: 12,868
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WANADOOS TERMINATION CONDITIONS
16. Term and termination
16.1 This Agreement may be terminated at any time prior to the Start Date. After the Start Date the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service:
16.2 This Agreement may be terminated:
16.2.1 by either of us on 30 days' notice, unless we terminate pursuant to Clauses 2.7 and 2.8 without notice;
16.2.2 by you giving 7 days' notice if we inform you of a material change to the Service or we give notice of an amendment to this Agreement pursuant to Clause 18 where such changes are to your detriment;
If you give notice of termination of this Agreement, or we terminate pursuant to Clause 6.2, during the Minimum Period and the Service is available for you to use, you must pay all Charges payable during the Minimum Period.
16.3 Either party may terminate this Agreement immediately, on notice if the other: (a) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or (b) commits a material breach of this Agreement which cannot be remedied; or (c) is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.
16.4 Wanadoo shall be entitled to terminate this Agreement in the event that: (a) the contract between Wanadoo and BT enabling Wanadoo to provide the Service is terminated; (b) the service provided to Wanadoo by BT is not of the quality deemed by Wanadoo to be appropriate to provide the Services; or (c) you no longer have a valid contract for the use of a BT analogue direct exchange line as referred to in Clause 4.5(a).
16.5 If any of the events detailed in Clause 16.3 occur as a result of your default, Wanadoo may suspend the Service without prejudice to its right to terminate this Agreement. Where the Service is suspended under this Clause 16.5 you must pay all the Charges due in respect of the Service until this Agreement is terminated and all Charges to the end of the Minimum Period.
16.6 In the event that Wanadoo agrees to you terminating this Agreement before the expiry of the Minimum Period, you must pay all the Charges due up to and including the date of expiry of the Minimum Period.
16.7 Termination in accordance with this Clause 16 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are expressed to survive this Agreement or impliedly do so shall remain in full force and effect.