In consideration of CQ’s provision of charting services to the Customer, it is hereby agreed as follow:-
Duration
This agreement is for the periods of one calendar year, to take effect from the date of the signing of the agreement.
If the Customer wish to terminate the agreement, at least 60 days’ written notice shall be given to CQ to take effect only upon the anniversary of the Agreement. Where such notice is not given the agreement is automatically renewed for further calendar year as the parties shall so determine.
There shall be no refund of the yearly subscription charges paid advance by the Customer, in the event of early termination either by Notice from Customer or resulting from breach each in terms and conditions as herein provided.
Subscription and other charges
Subscription for the service will be charged at yearly rates accordingly to a price list provided and from time to time amended by CQ.
The software packages that are required for the provision of the charting service may be purchased by the Customer form CQ at prices based on the prevailing price list. Alternatively, they may be acquired by the Customer from other sources. Where the packages are not purchased from CQ, the Customer shall not hold CQ responsible for compatibility or other technical specifications required for the provision of the charting service.
Subscription charges are based on the provision of the charting service for only one operating system. Where the Customer installs more than one system. CQ may at its discretion give a discount for the changes on subsequent systems used by the Customer.
Termination
Notwithstanding anything else contained herein, this Agreement may be determined forthwith by CQ:-
If the Customer fails to fulfill or comply with any of the provisions of this Agreement; or if the Customer fails to make payment of the subscription charges within seven days of a written notice to do so from CQ.
Any termination of this Agreement shall be without prejudice to any claim which CQ may have against the Customer.
In the event the Agreement is terminated for any reason whatsoever, no refund of the subscription charges for any unexpired period shall be made by CQ to the Customer.
Variation
CQ reserves the right to add, to alter and modify any of the terms and conditions of the Agreement including the right to vary the subscription charges at any time at its own discretion; and such addition, alteration, variation nor modification shall be deemed to have effect as soon as a written notification is given to Customer.
Non-Distribution of Data
The Customer hereby undertakes not to pass, distribute or circulate any of the data down loaded to any other third party by any means without the prior written consent of CQ.
Delay/Inaccurate Transmission of Data
The Customer shall not hold CQ for any loss or damage that may be incurred by the Customer as a result of the operation of the service, as a resulting delays or inaccurate transmission of data.
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