These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No goods or services shall be supplied by Cleancorp on any Terms or Conditions other than those set out herein and by accepting the services and/or taking delivery of the Goods, the Customer shall be deemed to agree to these Terms and Conditions.
6.1 We may terminate the Agreement if:
(a) there is non-performance on your part; or
(b) you breach the Agreement in any way whatsoever.
6.2 You may terminate the Agreement if:
(a) there is a period of 14 consecutive days in which we fail to attend to the Services; or
(b) there is non-performance on our part.
6.3 Prior to any termination for non-performance being effective, the terminating party must give the other party (defaulting party) notice, specifying in detail the nature of any failure, defect or refusal to perform. Upon the receipt of notice of non-performance, the defaulting party shall have seven (7) days in which to rectify the breach.
In the event the breach is not rectified at the end of the seventh (7th) day from such notice, the terminating party shall provide a second notice (the second notice) to the defaulting party of the failure to rectify the breach.
In the event the defect remains un-rectified at the time of the second notice, this agreement shall terminate seven (7) days from the date of the second notice.
6.4 In the event that you terminate the Agreement for any reason other than Non-Performance, as described in clause 6.3 above, or fail to give the notice required by clause 6.3, you agree to pay to us as liquidated damages, an amount equal to the annual Price (as amended from time to time) divided by the number of months remaining under the Term.
6.5 You agree that the damages specified in this clause are a genuine pre-estimate of the loss to us resulting from your unlawful termination of this Agreement, including factors such as our transaction costs, legal costs, finance costs, cost of recovery and lost opportunity.
6.6 Monies due to us at termination must be paid within thirty (30) days from the date of our invoice.
The Customer has read and accepts the terms contained in this Agreement are correct and agrees to abide by these Terms and Conditions.
Agreed & Accepted by:
Cleancorp™ NSW Pty Ltd