1. This “Cancellation Policy” shall apply where You cancel (where possible) or postpone Consulting Services or, where applicable, CPL Licensing cancellations or postponements.
2. For the purpose of this Cancellation Policy the following terms shall be assigned the following definitions:
| “FlightPath Services” | means Consulting Services provided by Us to You as part of a FlightPath. |
| “T&M Services” | means Consulting Services provided by Us to You on a time and materials basis. |
| “FlexPoints Services” | means Consulting Services booked using FlexPoints. |
3. In the event that You cancel any T&M Services, the following cancellation policy applies:
4. Due to the packaged nature of FlightPath implementation services, they cannot be cancelled. In the event that you postpone, then the following postponement fees apply (currency is to be determined by the location of the Aspire Digitel Group Contracting Party):
5. In the event You cancel or postpone any FlexPoints Services, the following applies:
6. Where You cancel or postpone Your CPL Licensing online exam, the following applies:
7. Where our Consulting Service obligations are extended by Your act or omission (which includes employees, agents, contractors or subcontractors (including the provision by any such person of any incorrect or inadequate data, information or instructions) which causes a delay or impediment to delivery which obliges us to spend additional time or incur additional expense in the performance of any of Our obligations under this Agreement then, notwithstanding anything else contained in this Agreement or Statement of Work, You will pay Us, at Our current standard rates, for the additional time spent and reasonably incurred expenses in carrying out such obligations.
8. The calculation methods outlined herein represent a genuine pre-estimation of loss in the event You cancel or postpone T&M Services or FlightPath Services.
9. The charges described at sections 3 and 4 of this Cancellation Policy shall be payable by You to Us within 30 days following invoice.
10. For the purpose of calculating the relevant fees at sections 3 and 4 of this Cancellation Policy:
10.1. We shall propose to You a start date for the relevant Consulting Services in writing (the ‘Proposal’);
10.2. You accept the start date in the Proposal on the earlier of: (i) Your acceptance to Us in writing; or (ii) post 5 Business Days or days post the receipt date of the Proposal;
10.3. Email shall suffice for all requirements of ‘in writing’ in this clause 10.
11. For the purpose of determining the consequence at section 5, ‘the agreed start date’ shall be the date You booked the relevant Consulting Services which You are cancelling or postponing (as applicable) using the portal made available to You by Us pertinent to FlexPoints.
