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If the Client wishes TNS to proceed with a material change,the parties will use their respective best endeavors to agree <br /> in writing necessary variations to its charges and any other relevant terms of this agreement to take into <br /> account the change; <br /> No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties. <br /> 6. SPECIAL CONDITIONS <br /> The Client acknowledges that the internet is not owned or controlled by TNS and TNS does not guarantee that its <br /> Services will be available at all times. TNS will at all times maintain its PCI DSS certification but is not <br /> responsible for security of the Client's information,data,text,files links,software,communication or other <br /> materials transmitted or received by the Services but not stored within the Services,which is solely at the <br /> Client's risk. <br /> TNS shall not be liable to the Client for any defects,loss or damage resulting from any improper use of any materials <br /> delivered by TNS to the Client under this Service Schedule. <br /> TNS Services are provided"as is',as available and with all faults,TNS does not warrant that the Services will meet all <br /> of the Clients requirements or that provision of the Services will be uninterrupted,error free or free from <br /> defects. <br /> 7. EFFECT OF TERMINATION <br /> 11.1 Any termination of this Service Schedule and/or the Agreement shall not affect any accrued rights or <br /> liabilities of either party,nor shall it affect any provision of this Service Schedule and/or the Agreement <br /> which is expressly or by implication intended to continue in force after such termination. <br /> 11.2 Immediately upon termination of this Service Schedule and/or the Agreement by TNS,the Client cease to use <br /> the Services. <br /> 11.3 If the Client terminates this Service Schedule or the Agreement before the completion of the Term for any <br /> reason whatsoever other than pursuant to Section 4(b)of the Agreement,the Client is liable to pay the <br /> remainder of any Monthly Terminal Software Compliance Fees to TNS that would have been payable until <br /> the completion of the Term and the average of the monthly Transaction Fees(calculated since the beginning <br /> of the Term)for each month remaining until the completion of the Term. <br /> 11.4 In the event that this Service Schedule is terminated by the Client as a result of a breach by TNS pursuant to <br /> the terms set forth in Section 4(b)of the Agreement,then: <br /> 11.4.1 TNS shall refund any payments made by the Client for Services that have not been rendered; <br /> 18 <br />