Common use of COMPANY’S SERVICES Clause in Contracts

COMPANY’S SERVICES. 3.1 The Company shall, during the Term: 3.1.1 provide the Services and make available the Documentation to the VAR on and subject to the terms of this Agreement, and 3.1.2 as part of the Services [and at no additional cost to the Customer OR and in consideration of the support fees set out in ‘The Services’, provide the VAR with the Company’s standard customer support services during Normal Business Hours. 3.2 The Company undertakes that the Services will be performed with reasonable skill and care. 3.3 The undertaking at Clause 3.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company or the Company’s duly authorized contractors or agents. If the Services do not conform with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide the VAR with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the VAR’s sole and exclusive remedy for any breach of the undertaking set out in Clause 3.1. Notwithstanding the foregoing, the Company: 3.3.1 does not warrant that the VAR’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the VAR through the Services will meet the VAR’s requirements; and 3.3.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the VAR acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

COMPANY’S SERVICES. 3.1 The Company shall, during the Term:Term:‌ 3.1.1 provide the Services and make available the Documentation to the VAR on and subject to the terms of this Agreement, and 3.1.2 as part of the Services [and at no additional cost to the Customer OR and in consideration of the support fees set out in ‘The Services’, provide the VAR with the Company’s standard customer support services during Normal Business Hours. 3.2 The Company undertakes that the Services will be performed with reasonable skill and care. 3.3 The undertaking at Clause 3.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company or the Company’s duly authorized contractors or agents. If the Services do not conform with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide the VAR with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the VAR’s sole and exclusive remedy for any breach of the undertaking set out in Clause 3.1. Notwithstanding the foregoing, the Company: 3.3.1 does not warrant that the VAR’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the VAR through the Services will meet the VAR’s requirements; and 3.3.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the VAR acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

COMPANY’S SERVICES. 3.1 The Company shall, during the Term: 3.1.1 provide the Services and make available the Documentation to the VAR on and subject to the terms of this Agreement, andon 3.1.2 as part of the Services [and at no additional cost to the Customer OR and in consideration of the support fees set out in ‘The Services’, provide the VAR with the Company’s standard customer support services during Normal Business Hours. 3.2 The Company undertakes that the Services will be performed with reasonable skill and care. 3.3 The undertaking at Clause 3.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company or the Company’s duly authorized contractors or agents. If the Services do not conform with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide the VAR with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the VAR’s sole and exclusive remedy for any breach of the undertaking set out in Clause 3.1. Notwithstanding the foregoing, the Company: 3.3.1 does not warrant that the VAR’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the VAR through the Services will meet the VAR’s requirements; and 3.3.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the VAR acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.