Terms and Condition

Terms and Condition List

10. Suspension of Services

10.1

Notwithstanding ENERUNI' right to terminate, ENERUNI may, directly or indirectly, suspend, deny or disable Your or any Authorized User's or any other third party access to or use of all or any part of the Software or the Services, without incurring any resulting obligation or liability, if:

ENERUNI believes, in its good faith and reasonable discretion, that:

You or any Authorized User has failed to comply with, any term of this Agreement, or accessed or used the Software, the Services Environment or the Services provided under this Agreement, beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any instruction or requirement of the Documentation;

ii)

You or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading or unlawful activities; or

iii)

Use or non-Use of Software and/or Service by Customer, or Customer Data, which poses an imminent threat to the Software and/or the Services; or

iV)

continued Use of the Software and/or the Services may result in harm to the ENERUNI, its Affiliates or third party service provider systems or other ENERUNI customers, or result in a violation of applicable law, regulation, legal obligation or rights of any third party; or

any Customer Data violates the rights of any third party, or You fail to respond to a claim of alleged infringement under Section 13 within a reasonable time;

Vi)

You have failed to pay the Subscription Fee, as required; or

Vii)

You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of Your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or

ENERUNI receives a judicial or other governmental demand or order, subpoena or law enforcement request that expressly or by reasonable implication requires ENERUNI to do so. This section does not limit any of ENERUNI's other rights or remedies, whether at law, in equity or under this Agreement.

10.2

Effect of Suspension. If Your right to access or use any portion or all of the Services is suspended:

You remain responsible for all fees and charges You incur during the period of suspension;

processing of Customer Data may be suspended or cancelled;

Customer Data may not be erased, except as specified elsewhere in this Agreement;

You may retrieve Customer Data from the Service during any suspension only if you have paid any charges for any post-suspension use of the Services and all other amounts due.

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Terms and Condition