12 SUSPENDING THE SERVICE

12.1 Our rights to suspend the service

(a) We may suspend the service at any time, without liability, if:

(i) there is an emergency,

(ii)  doing so is necessary to allow us or a supplier to repair, maintain or service any part of the PPS network or a supplier's network used to supply the service ,

(iii) we reasonably suspect fraud by you or any other person in connection with the service ,

 (iv) we reasonably believe there has been an unusually high use of the service ,

(v)  any amount owing to us in respect of the service is not paid by its due date and we give you notice requiring payment of that amount and you fail to pay that amount in full within ten (10) business days after we give you that notice, unless otherwise set out in the agreement ,

(vi) we reasonably consider you a credit risk because you have not paid amounts owing to us or any PPS group company in respect of any service is not paid by its due date and you are given notice requiring payment of that amount by that PPS group company and you fail to pay that amount in full within the required period,

(vii)  you breach a material term of the agreement (including for the avoidance of doubt, but not limited to, clauses 5.1 and 5.3 or your obligations relating to the use of the service set out in the service description or otherwise misuse either the service (for example in breach of the PPS Policy) or breach clause  6.1 ) and you cannot remedy that breach,

(viii) you breach a material term of the agreement (other than a breach which separately gives rise to rights under this paragraph) (including for the avoidance of doubt, but not limited to, clauses 5.1 and 5.3 or your obligations relating to the use of the service set out in the service description or otherwise misuse either the service (for example in breach of the PPS Policy) or breach clause  6.1 ) and you can remedy that breach, and you do not remedy that breach within 30 days after we give you notice requiring you to do so,

(ix)  we are required to do so to comply with an order, instruction, request or notice of a regulator , an emergency services organisation, any other competent authority or by authorisation of or under law (for example, under the Copyright Act 1968 (Cth)),

(x)  problems are experienced interconnecting the PPS network with any supplier's network ,

(xi)  you suffer an insolvency event and we reasonably believe we are unlikely to receive payment for amounts due,

(xii)  you die or if you are a partnership and the partnership is dissolved or an application is made to dissolve the partnership, and we reasonably believe we are unlikely to receive payment for amounts due, or

(xiii) we are otherwise entitled to do so under the agreement .

(b) We may suspend the service under paragraph (a) above as soon as we give you notice, unless otherwise set out in the agreement . However, we may suspend the service immediately if there is an emergency.

(c)  If we suspend the service , we may later cancel the service for the same or a different reason.

12.2 What happens when the service is suspended

(a) If the service is suspended, you will have to pay access fees for the service while it is suspended.

(b) If the service is suspended and the suspension was not as a result of circumstances reasonably attributable to you or non PPS owned equipment, you may be entitled on request to a refund or a rebate of any access fees for the period of suspension.

(c) If the service is suspended as a result of circumstances reasonably attributable to you, you may have to pay us a suspension fee.

(d) If you wish to reactivate the service you should contact us. If the service is suspended as a result of circumstances reasonably attributable to you and we reactivate the service, you may have to pay us a reconnection or reactivation fee.

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