1.1 Each Party will have the right to immediately terminate this Agreement without liability if the other Party: (i) fails to cure a material breach of this Agreement after expiration of all applicable notice and cure periods, which will be thirty (30) days after written notice if not otherwise set forth herein; or (ii) becomes the subject of a voluntary petition, or an involuntary petition not dismissed within sixty (60) days, in bankruptcy or any proceeding for insolvency, receivership, liquidation, or assignment for the benefit of creditors. Termination under this Section will be a nonexclusive remedy for breach without prejudice to any other right or remedy of such Party.
1.2 If service is terminated for any reason, Customer will pay Globex Telecom for (a) Services that Customer has used through the date that Globex Telecom or Customer terminates the Services, (b) any outstanding balance for non-recurring charges, and (c) all charges that may still be due.
1.3 Should the Customer terminate his subscription to a Basic Service before the expiry thereof, the Customer shall pay GLOBEX TELECOM, for each Basic Service terminated, the following penalties as damages:
1.3.1 Digital Telephony:
- A penalty equal to 50% of the remaining monthly fees of the subscription if the Customer provides a termination notice within the first year of an agreement; or 30% of the remaining monthly fees of the subscription if the Customer provides a termination notice during the second year of an agreement ; or 20% of the remaining monthly fees of the subscription if the Customer provides a termination notice during the third year of an agreement
- Contestation procedure
The Customer may contest charges relating to calls which, in his or her opinion, were not made from his or her telephones or through his or her calling card or were not accepted thereat by sending GLOBEX TELECOM notice to such effect within thirty (30) days of the billing date. The Customer shall pay the uncontested part of the statement. No charges contested by the Customer may be considered overdue unless GLOBEX TELECOM, at its complete discretion, has valid grounds to believe that the purpose of the contestation is to avoid or postpone payment.
- Recovery of Collection Costs
Unless otherwise prohibited by law, Customer shall reimburse Globex Telecom for any costs incurred by Globex Telecom in undertaking any collection activity, including, but not limited to, the reimbursement of reasonable attorneys’ fees. Reasonable attorney’s fees shall include the time and costs associated with Globex Telecom’’s in-house legal staff efforts related to the collection activity. For purposes of calculating the time and costs, the Parties stipulate that Globex Telecom’s in-house legal staff’s time shall be billed at $200.00 per hour.