Condition
of Use Part 3
Part 1 | 2 | 3
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| 12 |
Termination |
| 12.1 |
The
Company may terminate the Contract
immediately by notice in writing to
the Customer if: |
| |
| (a) |
any payment due from the Customer
to the Company pursuant to the Contract
remains unpaid for a period of seven
(7) days; or |
| (b) |
the
Customer breaches any provision of
the Contract and such breach is not
remedied within seven (7) days of
written notice by the Company. |
|
| 12.2 |
12.2 Notwithstanding
Clause 12.1, the Company may terminate
the Contract immediately by notice
in writing to the Customer if: |
| |
| (a) |
The Customer provides false or misleading
information in respect of the Customer's
use of the Service or in the Application
Form; |
| (b) |
In
the opinion of the Company, the Customer
has or may use the Service for any
unlawful or improper or in a manner
that may jeopardise the security or
interface in the property operation
of the Service or any part thereof; |
| (c) |
The Customer becomes, threatens
or resolves to become or is in jeopardy
of becoming subject to any form of
insolvency administration; |
| (d) |
The Customer, being a partnership,
dissolves, threatens or resolves to
dissolve or is in jeopardy of dissolving; |
| (e) |
The Customer, being a natural
person, dies. |
|
| 12.3 |
If
notice is given to the Customer pursuant
to Clauses 12.1 or 12.2, the Company
may, in addition to terminating the
Contract, retain any monies paid in
advance by the Customer. |
| 13 |
Assignment |
| 13.1 |
The
benefit of the Contract shall not
be dealt with in any way by the Customer
(whether by assignment or otherwise)
without the Company's prior written
consent. |
| 14 |
Waiver |
| 14.1 |
No
right under the Contract shall be
deemed to be waived except by notice
in writing signed by each party. |
| 14.2 |
A
waiver by the Company pursuant to
Clause 14.1 will not jeopardise its
rights in respect of any subsequent
breach of the Contract. |
| 14.3 |
Subject
to Clause 14.1, any failure by the
Company to enforce any provision of
the Contract, or for any forbearance,
delay or indulgence granted by the
Company to the Customer, will not
be construed as a waiver of the Company's
rights under the Contract. |
| 15 |
Entire
Agreement |
| 15.1 |
The
Contract constitutes the entire agreement
between the parties in respect of
provision of the Service. Any prior
arrangements, agreement, representations
or undertakings are hereby expressly
negatived. Subject to the provisions
of Clause 11, no modification or alteration
to any provision of the Contract will
be valid except in writing signed
by each party. |
| 16 |
Headings |
| 16.1 |
Headings
used in these conditions are for convenience
and ease of reference only, are not
part of the Contract and shall not
be relevant to or affect the meaning
or interpretation of the Contract. |
| 17 |
Severability |
| 17.1 |
If
any provision of the Contract is held
invalid, unenforceable or illegal
by any Court of competent jurisdiction
then in that event the offending provision
shall be deemed to be severed to the
extent of the said invalidity, unenforceability
or illegality and the Contract shall
otherwise remain in full force and
effect. |
| 18 |
Disputes |
| 18.1 |
Any
disputes arising in connection with
the Contract which cannot be settled
by negotiation between the parties
or their representatives shall be
submitted to mediation in accordance
with the Rules of the Law Society
of New South Wales. During such mediation,
both parties may be represented by
a duly qualified legal practitioner. |
| 19 |
Company's
Rights |
| 19.1 |
Any
express statement of right of the
Company under the Contract is without
prejudice to any other right of the
Company expressly stated in the Contract
or arising at law. |
| 20 |
Service
of Notices |
| 20.1 |
Any
notice or other document which may
be given or served by the Company
under the Contract shall be deemed
to have been duly given or served
if left at or sent by post to the
address at which the Service is provided,
or the address otherwise notified
by the Customer or delivered to the
Customer's mailbox on the Service.
The Company's address for service
of any notice by the Customer under
the Contract shall be Waigani Drive,
Hohola, Port Moresby, PNG. Or any
different address notified to the
Customer. Written notices shall include
notice by facsimile transmission. |
| 21 |
Jurisdiction |
| 21.1 |
The
Contract shall be governed by the
laws in force in Papua New Guinea
and each party hereto submits to the
exclusive jurisdiction of the Courts
of that State. |
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Conditions
of Use Part 1 | 2 | 3 |
