Cancellation Policy
This “Cancellation Policy” may be incorporated by reference into any agreement between you and Helia Care, including the Member Agreement. Your agreement to and acknowledgement of this Cancellation Policy is a requirement of any Member Account. By executing the Agreement or using the Services, you agree to the terms and conditions of this Cancellation Policy. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such terms in the Agreement, incorporated documents, or as defined in the Definitions document located here, which is hereby incorporated by reference herein.
1. Termination.
1.1 For Cause. Either Party may terminate the Agreement: (i) if the other Party breaches a provision of the Agreement and fails to cure the breach within 30 days of receiving the non-breaching Party’s written notice of such breach; or (ii) immediately if the other Party becomes the subject of a proceeding relating to that Party’s insolvency, receivership, liquidation, or general assignment for the benefit of creditors other than a case under the United States Bankruptcy Code.
1.2 Suspension of Service for Cause. In addition to its other rights and remedies, we may, without liability to you, immediately suspend or limit any access to the Service if you materially breach any provision of the Agreement, including any incorporated documents, until the material breach is cured; if the material breach is unable to be cured or is not cured within ten days from the suspension, we may immediately terminate the Agreement.
1.3 Without Cause. Either Party may terminate a Member Agreement at any time upon 30 calendar days’ prior written notice to the other Party.
2. Effects of Termination. If the Agreement:
2.1 Expires or is terminated, all the Parties’ rights, obligations, and licenses cease, except that all obligations accruing before the expiration or effective date of termination and all remedies for breach of the Agreement survive;
2.2 Expires or is terminated, you may not use the Services but shall remain obligated to pay any and all accrued or payable Fees, including all Fees that would have been payable to us through the date of expiration or termination;
2.3 Expires or is terminated, we have no obligation to retain Customer Data for more than 30 days after expiration or termination; you have 30 days from expiration or termination to request a copy of your Customer Data, which we must provide to you in the same format in which it was maintained;
2.4 Expires or is terminated, each Party must delete any of the other Party’s Confidential Information still in its possession (exception for Customer Data identified in the preceding sub-paragraph) from any medium, and each Party must return to the other Party or, at the other Party’s option, destroy all physical copies of the other Party’s Confidential Information.