OUR TERMS & CONDITIONS
Before you sign up on any of the digital platforms developed by Akwaaba Solutions, you must carefully read and agree to the following terms and conditions:
These Terms of Service (“Terms”) govern your access to and use of our services on our platforms and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the services is conditioned on your acceptance of and compliance with these Terms.
By accessing, submitting your registration or using any of our services, you agree to be bound by these Terms and Conditions. These terms may change from time to time without notice and you should consult the terms each time you use our site(s) in order to view the most current terms. Wherever the name Akwaaba Solutions is mentioned in relation to any terms in this entire document it also refers to any website, android and iOS application developed by Akwaaba Solutions. This document covers all our platforms (website, web app, android, iOS and PWA platforms).
All references to the Terms mean the current version of the terms at the time of your use. You will be provided a link to any additional element of the terms; in each such situation and any such additional element shall apply to your use of such additional services.
These terms apply regardless of your status ( client, admin or user) during the use of any of our digital solutions. The terms and related documents detail how we treat any information, data, materials, media or other items that you provide to the site(s) (your “Content”). Please read this document carefully before signing up on any of our platforms or adding your information/data to our site(s).
- Akwaaba Solutions respects the privacy rights of its users and we appeal to our users and content partners to act in the same manner. Unauthorized posting, copying, distribution, modification, public display or public performance of private information and copyrighted works on our platforms constitutes infringement of the privacy rights of users and copyright owner’s rights of Akwaaba Solutions.
- As a condition of your use of our digital platforms, you agree not to use any of our sites to infringe on the privacy rights of others in any way. We will close your account of if you infringe on our regulations, privacy and copyrights of our sites. We have the right to take actions against any user who fails to comply with this caution any time, in our sole discretion, with or without notice, and without any liability to the user whose account is terminated.
- You agree that you are submitting your personal or organization’s information on our digital platform under no duress and that you warrant that none of your information contains any confidential information, and that all of your information is non-confidential and publicly available. We may be required to inspect your personal information on the site(s) to confirm compliance with the terms and regulations, which will not constitute monitoring of your information.
- You warrant that your information/content is true and accurate.
- If you sign up on any of our platforms as a business entity, you agree to pay a subscription fee for the use and maintenance of the platform, where applicable and that failure to pay such applicable fee your account shall be terminated. All subscription fees are subject to review.
- You warrant that your information/content complies with applicable laws in your country.
We reserve the right to withdraw or suspend access to our platforms without notice. We reserve the right to amend the services on the site and/or change the site without notice. We will try to keep our services reliable, but we will not be responsible or liable if access to our site is not available at any time. Anything on our site may be incorrect or not updated. We are not obliged to update the site.
Any of your information/content on the site is submitted in accordance with the terms as part of your use of the site. You agree that all of your information/content will comply with the terms and conditions. The site does not replace professional advice in any way.
Users of our digital platforms may share links to third-party websites or resources. You acknowledge and agree that our sites are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites do not imply any endorsement by Akwaaba Solutions of such resources or the content, products, or services available on such websites. You accept sole responsibility for and assume all risks for using any such websites.
If you choose to use the site on a mobile network, you will be charged your mobile operator’s fees for all mobile services, such as text messaging and data transfer. You agree that you are providing us with all rights necessary to contact third parties if you provide any contact information for that third party and you wish us to contact that third party concerning the site(s) or services available on our site(s).
- You will not place any unauthorized commercial Content on our site(s) without contacting our client Service for approval.
- You will not upload viruses, malicious code or attempt to attack or degrade the site(s) in any way.
- You will not use the site to do anything unlawful, defamatory, obscene, misleading, malicious or discriminatory.
- You will not access the site, solicit data or otherwise collect other users’ information in any automated fashion, including bots, spiders or scrapers.
- You will not encourage or help anyone else to do anything not permitted on the site(s).
- Your information/content will not contain any sexually explicit or pornographic material. We do not review your information/content or any other content posted to the site, but may in the case of a violation of these terms take any action, including removing any of your information/content from the site when we become aware of it being in violation of our terms.
- We protect the data of our users; however we do not give or pull out user(s) data in any form or format for the user/client in the event that the user/client decides to close/stop using their account with Akwaaba Solutions.
THE INFORMATION WE COLLECT
We collect a variety of information that you provide directly to us. We process your information when necessary to provide you with the services that you have requested, having accepted our Terms of Service, or where we have obtained your prior consent, or where we have a legitimate interest to do so. For example, we may have a legitimate interest to process your information for security, testing, maintenance, and enhancement processes of the services we provide to you, or for analytics, research, and reporting purposes. Without your information, we cannot provide you with the Services you have requested or you may be limited in your use of the Services.
INFORMATION FROM AND ABOUT YOU
The types of information we collect will depend on the Services you use, how you use them, and what you choose to provide. The type of data we collect directly from you may include: Name, address, telephone number and email address, optional information, such as a photograph, that you elect to associate with your account- Login credentials and more, if you create an account on any of our digital solutions – With your permission, calendar information stored on your account- Any email requests or questions you submit to us- Demographic information such as your gender- User-generated content you post on our platforms.
Every information/content on our site(s) is without any guarantees, warranties or conditions as to its accuracy, unless it is associated with the service that provides specific terms and conditions which will be provided for you. We cannot be held liable for: all conditions, warranties and other terms which otherwise might be implied by statute, common law as well as any liability for direct, indirect or consequential loss incurred by the user in relation to the use of our site(s) or in connection with the use, inability to use the site(s), ability to access ones’ information/ content, inability to access ones’ content, accuracy of information/content on our site(s) or any websites linked to it. You are responsible for any service(s) you contract with another person other than us. You are responsible for any loss or damage of any kind, however it may arise and whether caused by negligence, breach of contract or otherwise. You must at all times seek professional advice before using any services on our site(s).
You will not sell anything, copy or modify anything on our site(s) without our permission. If any provision of the terms is found to be invalid the terms shall remain in full force and effect. You agree that these terms and any documents referred to in the terms are the entire agreement between you and us.
By signing up on any of our digital platforms and providing any attachment of your personal data, you are certifying that:
- You have provided true, complete, accurate information in your registration.
- You are eligible to sign up on our platform.
- By submitting your registration or your personal data, you confirm that you will comply with the terms and conditions of Akwaaba Solutions .
Akwaaba Solutions is fully aware of your legitimate concerns about privacy and is highly committed to protecting and maintaining the integrity, confidentiality, security, and accuracy of your Personal Information in accordance with applicable privacy legislation and best industry practices. Akwaaba Solutions is registered and certified by the Data Protection Commission of Ghana.
- Because privacy concerns, legal and business requirements evolve continually, we may from time to time change our Policy without giving you notice ahead of time and as such you are advised to check with our policy regularly.
- By using our digital platforms and providing us with your Personal Information, you agree that Akwaaba Solutions can use your information in accordance with privacy laws and our Policy. In respect of this Policy, “Personal Information” refers to any information about identifiable individual information recorded on our digital platforms.
Our Policy hinges on these guiding principles:
- Akwaaba Solutions collects Personal and Organizational Information only in relation to its operating services in order to help identify the user:
- Personal Information such as your name, telephone number, personal address, date of birth, gender, citizenship, identification information, password etc helps us to identify the user and to tailor the right services that will be beneficial to the user.
- Users’ Personal Information helps us to communicate with the user and respond adequately and promptly to their enquiries about applications, accounts, and online services among others.
- By default, if you register ( submit your information)on any of our platforms you have consented to the terms and conditions of our services, we may, from time to time, use your email and phone number to send you information concerning Akwaaba Solutions programs and services.
- Your Consent can be expressed in writing or electronically; and can be implied through your action or inaction. In some circumstances, Akwaaba Solutions may gather, use or disclose your Personal Information without your Consent for legal or security reasons, or when it is impossible to obtain your Consent in cases contemplated by applicable privacy legislation which may include compliance with applicable laws or court orders, the protection of the public interest, Akwaaba Solutions’ rights, fraud detection and prevention among others.
- You can withdraw your Consent at any time, provided Akwaaba Solutions is given reasonable notice and there are no legal or contractual requirements preventing this.
- Akwaaba Solutions will NOT, without your express Consent, collect, use, or disclose Personal Information except for the purposes identified or for use consistent with applicable law. With your Consent, Akwaaba Solutions may obtain Personal Information from third parties.
- Akwaaba Solutions may make available Personal Information to third parties who provide services on our behalf. For example, we may use service providers to process Personal Information, authorize and process payments, Send SMS/email or host our website. Personal Information may be stored and processed outside Ghana, by our third-party service providers. Our service providers are not authorized to use or disclose your Personal Information for any purpose other than providing the services on our behalf or as otherwise required by applicable law.
- Akwaaba Solutions is responsible to legal and business requirements in dealing with document retention, including electronic documents such as emails, phone numbers etc. Akwaaba Solutions will preserve the Personal Information for such periods of time as required by applicable laws and regulations and as deemed necessary for the purposes. In keeping with legal requirements and guidelines, Akwaaba Solutions will dispose of Personal Information after such period of time.
- In accordance to legal requirements, Akwaaba Solutions will respect users’ right of access to their Personal Information by informing them of the procedures and requirements for responding to their request for access. Akwaaba Solutions will give you access to update your personal information at no cost.
- Akwaaba Solutions will respond to privacy concerns and investigate diligently any complaints with respect to your Personal Information.
- Akwaaba Solutions obligations and your rights concerning privacy are governed by applicable privacy legislation. Akwaaba Solutions is registered with the Data Protection Commission of Ghana and therefore application and interpretation of this Policy and of our guiding privacy principles are subject to and will comply with such legislation.
Persistent cookies are written or stored on your hard drive until the expiry date. Akwaaba Solutions’ persistent cookies are used to retain information that you provided so that our website can be personalized accordingly. The cookies used by Akwaaba Solutions are designed so they do not reveal any Personal Information.
Akwaaba Solutions uses software to monitor traffic to our sites and to identify unauthorized attempts to change information, upload or cause damage.
The software receives and records the Internet Protocol (IP) addresses of all computers that visit the site, including date and time of visits, pages viewed and downloaded aimed at identifying if it is a registered user accessing restricted areas on the site.
The software captures information such as the type of browser and operating system used. Akwaaba Solutions does not in any way attempt to link the IP addresses and the identifiers with the users visiting this site unless there is an attempt to damage the site.
We use SSL (Secure Sockets Layer) to keep your internet connection and any sensitive data you are sending or entering on our sites secured; preventing criminals from reading and modifying any information being transferred, including potential personal information.
We are ready to answer all your questions or respond to concerns regarding this Policy. For any additional information about the management of your Personal Information with Akwaaba Solutions, contact us by email or phone.
You can file a privacy complaint concerning the collection, use, disclosure, retention, and disposal of or access to Personal Information.
Please contact email@example.com or call +233 (0)206007255.
SERVICE CONTRACT AGREEMENT
This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), is effective as of the date the client/user ( the Organization/Business/Institution and its members/staff/Admins) signed up on any of the digital platforms developed by Akwaaba Solutions. This agreement is made and entered into by and between the Organization/Business/Institution and its members/staff/Admins (herein referred to as “Client”), and Akwaaba Solutions , a registered Ghanaian IT company certified by the Data Protection Commission of Ghana, with office location at Tema (herein referred to as “Service Provider”).
This Service Agreement binds all Organization/Business/Institution and its members/staff/IT Administrators who sign up on any of the Akwaaba Solutions’ digital platforms.
Wherever the term Software is mentioned in this entire document, it also refers to any digital solutions/platforms developed by Akwaaba Solutions.
Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows:
NON-DISCLOSURE AND NON-COMPETITION AGREEMENT
Per this Non-Disclosure and Non-Competition Agreement, “Client” agrees that “Service Provider” shall setup Akwaaba Solutions software account(s) for Client to access/use/deploy the software applications. “Client” further agrees that it shall not disclose “Service Provider’s” vital information about the software applications and shall not directly or indirectly engage or develop same or similar product/applications after “Client” and its Staff/Members/IT Administrators have been exposed to confidential information about “Service Provider’s” digital solutions.
1. This clause is binding on all Members/Staff/IT Administrators of “Client” who shall be exposed to “Service Provider’s” software applications.
- GOOD FAITH
Each of the Parties shall, in executing the terms of this Agreement and in relation to each respective Referral, at all times act in utmost good faith towards the other Party.
- INTELLECTUAL PROPERTY RIGHTS
3.1 “Client” acknowledges that all Intellectual Property, which may have been / will be disclosed to it by “Service Provider” in relation to the Services including the branded mobile app and/or the Business, as the case may be, is proprietary to “Service Provider” and confidential.
3.2 “Client” hereby agrees that it shall use any Intellectual Property disclosed to it, solely in relation to a Referral in terms of this Agreement and shall not, subject to clause 9 below, at any time during or after expiry or termination of this Agreement disclose or utilize such Intellectual Property, whether directly or indirectly to any third party without “Service Provider’s” prior written consent.
3.3 “Service Provider” agrees that all the data of UNA-GH members and that of the Internal Affiliate Members, website domains and social media accounts being managed by Service Provider shall remain the Intellectual Property of the United Nations Association- Ghana.
- CONFIDENTIAL INFORMATION
4.1 The Parties acknowledge that:
4.1.1 during the course of this Agreement they may have access to information of the other Party including, but without being limited to, information relating the functionalities and use of the software applications of the Service Provider to the Client. Information relating to customers, agents, staff/members and suppliers of the other Party, the pricing methods of the other Party, its trade and its tender procedures, etc (“the Confidential Information”);
4.1.2 if any of the Confidential Information stated above were to be given to or used by any of the party’s respective competitors or potential competitors, such Party would be severely prejudiced and could suffer substantial damage and loss; and
4.1.3 because it will have access to the Confidential Information during the period of this Agreement, it is reasonable for the protection of each Party that the Parties be restrained from using such information for its own or anyone else’s benefit.
4.1.4 For the reasons stated in clause 9.1, each of the Parties undertake in favor of the other Party that:
4.1.5 for the duration of this Agreement, and after its termination for any reason, it will not divulge any of the Confidential Information to any person whatsoever except insofar as may be necessary for the proper performance of the Services; and
4.1.6 it will not use any of the Confidential Information for its own or anyone else’s direct or indirect benefit,
4.1.7 unless and until, and then only to the extent that, the Confidential Information becomes public knowledge through no fault of its own.
4.1.8 The provisions of Article 1 and clause 1.1 shall survive the expiration or earlier termination of this Agreement including any cancellation.
5. NON-COMPETITIONA. “Client” agrees to neither directly or indirectly be involved in businesses or develop identical or similar digital solutions in competition against “Service Provider” for either third parties or for itself or, in its capacity as owner, manager, shareholder, advisor, director, official, partner etc. of any other business entities while the “Client” is still using the services of “Service Provider: and fifteen years after the termination of this service agreement between both Parties. B. If “Client” or any of its staff/Members/IT Administrators violate any terms of this agreement, the content of the article shall continue to be effective for fifteen years after the date on which the Client breached the article.
C. Client agrees that it shall sensitize its staff/Members/IT Administrators about this non-competition and confidentiality agreement and they MUST consent to this agreement before exposing them to Service Provider’s digital solutions.
D. Client agrees that it is signing this agreement for and on behalf itself and its staff/Members/IT Administrators whom it shall exposed to Service Provider’s digital solutions.
- DOMICILIUM CITANDI ET EXECUTANDI
6.1 Each Party chooses the address set out opposite its name below as its domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purposes of this Agreement:
7.1 Should any Party (“the Defaulting Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within 30 (Thirty) days from the date of written notice from any other Party to this Agreement (“the Aggrieved Party”) calling upon it to do so, the Aggrieved Party shall, without prejudice to any other rights which it may have, have the right:
7.1.1 if the breach complained of is material and goes to the root of this Agreement, to terminate this Agreement with immediate effect; or
7.1.2 in all other events, to take whatever action may be necessary to enforce its rights under this Agreement, other than to terminate this Agreement, and in either event to claim such damages as it may have suffered as a result of such breach of contract.
7.1.3 The Defaulting Party shall be liable for all reasonable costs and expenses (calculated on an attorney and own client scale) incurred as a result of or in connection with the default.
8. APPLICABLE LAW AND ARBITRATION
8.1 This Agreement and any dispute arising therefrom shall be subject to the laws of the Republic of Ghana.
8.2 Any dispute arising out of this Agreement or the interpretation thereof, both while in force and after its termination, shall be submitted to and determined by arbitration in accordance with the Rules of the Arbitration in Ghana. Such arbitration shall be held in Accra unless otherwise agreed to and shall be held in a summary manner with a view to it being completed as soon as possible.
8.3 There shall be one arbitrator who shall be, if the question in issue is:
8.3.1 primarily an accounting matter, an independent chartered accountant of at least 10 (ten) years’ standing;
8.3.2 primarily a legal matter, a practicing Senior Counsel or commercial attorney of at least 10 (ten) years standing, and/or
8.3.3 any other matter, a suitably qualified person.
8.3.4 The decision of the arbitrator shall, in the absence of manifest error, be final and binding on the Parties, and may be made an order of any court of competent jurisdiction
9, RESPONSIBILITIES UPON DEFAULT
Both Parties agree that any defaulting activities on the part of Client will cause material or irrevocable damage to the Service Provider. Therefore, the Service Provider has the right to take all legal measures to reduce the losses to the Service Provider brought about by the Client’s violation of this agreement. Client shall pay for all economic losses suffered by the Service Provider and take all legal responsibilities.
Service Provider may use Client’s name or mark and identify Client as a customer of Service Provider, on Service Provider’s website and/or marketing materials. Service Provider may issue a press release, containing Client’s name, related to any award under this Agreement. Neither party will use the other party’s name nor marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.
Service Provider may, at its option, subcontract work under this agreement but Service Provider’s use of subcontractors shall not affect its responsibilities under the applicable deliverables. Moreover, Service Provider shall be fully responsible for work done by its subcontractors within the scope of the applicable deliverables as it is for work done by its own employees.
Service Provider shall have written agreement(s) with its subcontractors that contain, at a minimum, clauses that are the same as or comparable to the sections of this Agreement regarding ownership rights and confidentiality of Client’s information.
This Service Contract shall be deemed to have been made, executed and delivered in Ghana and shall be construed in accordance with the laws of Ghana.
- NOTICES: Notices to be given by either party under this Agreement shall be sent by certified mail, express overnight delivery, or telecopy to the attention of the other party at the addresses of the parties as first set forth above.
- SEVERABILITY AND ASSIGNMENT: The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. This Agreement may not be assigned by Client without Service Provider’s consent.
3, ENTIRE AGREEMENT:
- This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Service Provider and Client and supersedes all prior and contemporary agreements, oral or written. 4. STATEMENT OF WORK
Service Provider shall perform and deliver the service as set forth in the Statement of Deliverables issued against and subject to the terms and conditions of this Agreement.
The work which Service Provider shall perform shall be specified in the Deliverables which will be written under the terms and conditions of this Agreement. The Statement of Deliverables shall specify: (i) description of Services and Deliverables, (ii) schedule for Deliverables, and (iii) Price and Payment Schedule.
The term of this Agreement shall commence on the date the client signed up on Akwaaba Solutions, and shall continue thereafter until terminated in writing by one of the parties, or as provided in Section 11 below.
6. TERMS OF PAYMENT
PRICE: Service will be performed on an annual subscription basis as indicated in the applicable Statement of Deliverables. Any additional or unscheduled Services or Deliverables to be provided by Service Provider outside of the Statement of Deliverables must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement.
The Service Price does not include taxes and Client is responsible for all taxes (except taxes on Service Provider’s income) tariffs, and any similar charges imposed upon or related to the Services or Deliverables or their delivery or use.
8. PAYMENT SCHEDULE:
Client will receive invoices based upon the billing/payment schedule contained in the applicable Statement of Work. Invoices will contain a description of the Services or Deliverables provided. Invoices are due and payable within seven days of Service Provider’s invoice date. Interest may be charged on all amounts unpaid after 30 days. If any invoice is not paid when due, Service Provider may suspend provision of Services and/or Deliverables without liability or penalty until final resolution of the matter.
It is agreed that the Software which client has signed up for shall remain the sole and exclusive property of Service Provider and the data stored on the Database Management System shall remain the sole and exclusive property of Client.
Service Provider grants Client access to use the software subject to the following:
- Client may use Service Provider’s Software solely for the purpose for which it was developed for.
- Client cannot transfer or sell the software account created for Client by Service Provider’s without the prior written consent of Service Provider.
- This license gives no title or ownership rights of the Service Provider’s software application or related intellectual property to Client.
- Service Provider agrees to create the software account for Client’s membership data management.
- Service Provider agrees to protect the security and privacy of Client’s data on the Software, and shall be liable for any breach of Data Security and Privacy on Service Provider’s side.
- Client agrees to pay for one-time setup fee for client’s software account as may be charged by Service Provider.
- Client agrees to renew Client’s Software account either monthly, quarterly, semi-annually or annually.
- Client agrees to pay the subscription fee as may be charged by Service Provider.
- Both Service Provider and Client agree that the agreed subscription fee may be subject to marginal price increment annually, as may be set by Service Provider
The Deliverables, if any, shall be deemed accepted by Client upon completion of the following acceptance test:
- Immediately upon creating the software account and logging into the account, Client shall promptly perform testing to confirm that the software performs efficiently as claimed by Service Provider.
- Client shall provide Service Provider with written acceptance of the Deliverables. Unless otherwise agreed to in writing by the parties, Service Provider will redeliver corrected Deliverables to Customer within a reasonable amount of time after receipt of such statement of nonconformitie
11. WARRANTIES AND REMEDIES
- Service Provider warrants the functionality of the Software for a period of 30 days after the Software account has been created.
- Service Provider further warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party.
- Service Provider expressly does not warrant that the operation of Deliverables which are software shall be uninterrupted or error-free; or that Deliverables will operate on any system, or with any software, other than the system with which the Service Provider tested such Deliverables.
- Service Provider does not warrant any third-party software development tools.
- Service Provider specifically does not warrant the accuracy of any technical or subject matter content of the software that is based upon information or direction provided by Client.
12. LIMITATION OF LIABILITY
In no event will either party be liable for SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, including but not limited to loss of profits, revenues, data or power, damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of Services or use of Deliverables.
Client agrees to indemnify and hold Service Provider harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Client’s use of the Deliverables.
14. FORCE MAJEURE
Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.
- Termination of Agreement: Client reserves the right to terminate this agreement in whole or in part, upon 30 days written notice to Service Provider. Service Provider shall not undertake further work, incur additional expenses, or enter into further commitments with regard to the deliverables after receiving such notice of termination from Client, except as mutually agreed upon by the parties.
- In the event of termination of this agreement midway when some deliverables have been done by Service Provider, Client shall be entitled to compensate as follows:
- All payments due and owing under this Agreement at the time of Service Provider’s receipt of the written notice of termination for work completed and in progress;
- Failure by either party to comply in any material respect with any of its obligations in this Agreement shall entitle the other party to give notice to the party in default requiring it to cure such default.
- If such default is not cured within 14 days after receipt of such notice, the notifying party shall be entitled to terminate this Agreement by giving notice of such termination to take effect immediately, where applicable.
- The right of either party to terminate this Service Contract, as herein provided, shall not be affected in any way by its waiver of, or failure to take action with respect to, any previous default.
16. ACCOUNT SUSPENSION
Client’s account may be suspended or deactivated when client account expires or client is found to have violated any of our terms and conditions. Where client account is deactivated when subscription has expired, client is required to renew account to activate account. Delays in renewing account will attract data storage fee which shall be charged against the subscription fee anytime client decides to renew the account.
Service Provider and Client will mutually agree to renew Client’s account on credit while Client continues to make all scheduled payments.