Our terms and conditions for an agent agreement states that 30 days notice is required for termination of the agreement. In addition, should the client breach this agreement client must stop using the service immediately and pay all fees due prior to termination.
The client is requesting that the termination be mutual. How is this possible in an agreement (not a contract) in which we provide a service and get paid by the client in arrears after they have received the benefits from the service.
How is it possible to breach your own agreement? Client can elect to just stop using the service if it is not working out. What would be our penalty for breaching our own agreement (ie. not giving the client 30 day notice for termination of our services?)
A mutual termination clause would require both parties to agree to terminate, in which case all accrued services are billed at either a per diem basis or if it is metered, by the metered amount through date of termination.
It would also give you the right to immediately terminate services upon mutual termination.
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