Termination at Shadow US’s initiative
Shadow US reserves the right to automatically suspend the Services, without providing notice, in the event of a breach by the User of his or her legal obligations or these Conditions, and in particular in the event of violation of the Code of Conduct. Shadow US also reserves the right to suspend the Services after sending the User a payment request in the case of late payment.
Once the Service has been suspended and after formal notice has been sent to the User by e-mail and no response has been received within eight (8) days, Shadow US is also entitled to cancel the User's subscription by e-mail.
By exception, in the event of a serious breach by the User of his or her legal obligations or these Conditions, in particular in the case of a serious breach of the Code of Conduct, Shadow US reserves the right to terminate the Services as of right and without notice. The seriousness of the breach is determined by Shadow US at its sole discretion, and in particular may arise from the repetition of the breach, the number of breaches, the effect of the breach on the proper functioning of Shadow US computer hardware or the general functioning of the Services, or even the responsibility borne by Shadow US due to the User’s breach.
In the case of termination at the initiative of Shadow US following late payment, or a breach by the User of his or her legal obligations or these Conditions, and in particular the Code of Conduct, the User will be liable to pay Shadow US, on the date of cancellation, all the fees owed for the remaining period of the current Subscription Period, if applicable. This amount may be collected by Shadow US using the same means of payment used to pay the subscription bills, or by any other means.
Termination at the User’s initiative
The User may end his or her subscription to the Services at any time, by sending a registered letter with acknowledgement of receipt, to the address stated for this purpose in the User Account or in the legal notices, or by any other means provided to the User for this purpose, notably in his or her User Account or by a message sent to the Support Department. In this case, the Service and the corresponding payments will continue until the last day of the then-current Subscription Period (for the sake of clarity, where the User has purchased a subscription with commitment, the termination will only be effective at the end of the committed period; e.g. if a User choose a 12 months commitment, he or she may send a termination notice at any time but will still be required to pay the full amount for the entire duration of the 12 months), and will stop immediately once this period has elapsed, subject to, where applicable, the period offered to the User to download data saved on the Main Disk of his or her remote computer, including his or her Data. The User acknowledges that the termination of his or her subscription will result in the loss of his or her Data. Thus, unless an imperative statutory provision provides otherwise, Shadow US will not make any refund due to the termination of the Services.
To identify and authenticate terminations received, all termination requests must state the User's name(s), surname(s) and user name if applicable.
In the event of termination at the initiative of Shadow US for breach of the Code of Conduct or for late payment, the data saved on all the storage disks of the remote computer (Main Disk and Additional Disk(s) if applicable), including the Data, will be completely deleted without delay.
Irrespective of the reason for cancellation of the User's subscription to the Service, it is the User's responsibility to return the Terminal, if his or her subscription includes the provision or rental of a Terminal, in accordance with the conditions set out in the section Returning the Terminal.
The User acknowledges that, once the period offered for the downloading of the data saved on the Main Disk of his or her remote computer, including his or her Data, has expired, the termination of the Service will lead to the irreversible loss of the entirety of the User’s data saved on the Main Disk of his or her remote computer, including his or her Data. The data, including the Data, contained on the Additional Disk(s) does not benefit from an extension of time for the downloading of the data, and will be deleted immediately upon termination.
Furthermore, unless otherwise indicated at the time of subscription to an option, any termination of the Services will lead to the User losing the benefit of the options he or she had subscribed to in relation with the terminated Services and which will therefore be terminated on the same date as the main subscription.
To the extent that the User were to take out a subscription to the Services again, even in the case where he or she were to take out the new subscription from the same User Account, he or she would not be able to benefit from the restoration of his or her data, and would have access to a blank machine. Also, the User will not have the right to subscribe to the options which he or she previously had access to if they are not, or are no longer marketed.