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Among the terms and conditions of 31 cloud-computing services in January-July 2010, operating in England: [6] 27 specified the law to be used (a US state or other country) most specify that consumers can claim against the company only in a particular city in that jurisdiction, though often the company can claim against the consumer anywhere
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Ancillary terms and conditions; express contractual terms that are purely voluntary, optional, and not necessitated by the contract's subject matter. Also called incidentalia (Roman-Dutch law). One of three types of contractual terms, the others being essentialia negotii 'core terms' and naturalia negotii 'implied terms'. actus iuridicus: legal ...
Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. [ 3 ]
Initially, end-user license agreement (EULAs) were printed on either the shrinkwrap packaging encasing the product (shrink wrap contract) or a piece of paper.The license often stipulated that a customer agreed if they did not return the product within a specified interval. [8]
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Condition or Warranty. [2] Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract.