Customer Obligations Clause Samples
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Customer Obligations. To facilitate NCR Voyix’s provision of the Hosting Services hereunder and ▇▇▇▇▇▇▇▇’s access and use of the Hosted NCR Voyix Software hereunder, Customer agrees to undertake the following:
(a) Provide and maintain the Customer Equipment at each of the Customer Locations in accordance with the minimum standards established by NCR Voyix, which as of the Effective Date include a windows-based PC and store level file server that each include a Windows operating system actively supported by Microsoft Corporation, an internet browser that is actively supported by Microsoft Corporation, and Customer Equipment maintained in good working order in accordance with the minimum standards recommended by the manufacturer;
(b) Provide and maintain access to the internet at each of the Customer Locations through a competent internet service provider (ISP), maintaining telephone or other telecommunication services necessary to connect each of Customer’s Locations to Customer’s ISP;
(c) Abide by the security procedures specified by NCR Voyix and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures or utilize any unauthorized systems in an attempt to access the data of another Customer;
(d) Provide timely notification of any issues and give appropriate lead time to NCR Voyix for any special requests;
(e) Make all reasonable efforts to assist NCR Voyix in identifying, isolating and replicating issues found in the System; and
(f) Customer shall be solely responsible for the manner in which Customer and Customer’s users use the System and the Hosted Software. Customer shall ensure that only authorized users have access to any user identifications or passwords for use in connection with the System and the Hosted Software and that such authorized users shall not disclose such identifications or passwords to any other individual. Customer acknowledges and agrees that it is solely responsible for strictly maintaining the confidentiality and integrity of such identifications and passwords and Customer shall indemnify and hold harmless NCR Voyix from and against any liability, damages, or costs arising from Customer’s failure to comply with this obligation including, but not limited to, improper or unauthorized account access using Customer’s user identifications or passwords, provided such identifications or passwords were not improperly disseminated by NCR Voyix or any of its agent or representatives. Customer shall notify NCR...
Customer Obligations. In addition to Customer’s obligations set forth in this Agreement, Customer agrees to the following:
(i) Customer may not use, disclose, sell or disseminate any Visa Checkout End User Data, except to the extent necessary to complete a Transaction or provide customer support, resolve disputes, or prevent fraud related to a Transaction. Customer may not use Visa End User Data for marketing purposes unless Customer has received the End User’s consent for this use, and the use is consistent with Laws, including without limitation the ▇▇▇▇▇-▇▇▇▇▇ Bliley Act, and any such use is in compliance with Customer’s privacy policy, and the Payment Network Rules. Customer’s privacy policy shall be readily accessible to End Users and shall disclose how personal information is collected, used, shared and secured, including any uses governed by this Agreement, and Customer agrees to comply with the terms of such privacy policy.
(ii) Customer agrees to take all reasonable precautions to prevent the unauthorized use, disclosure or transmission of Visa Checkout End User Data. In the event that Customer’s system is breached and an unauthorized third party has access to, use of or transmitted Visa Checkout End User Data or any data related to the provision of the Visa Checkout Services or any Visa Checkout Transaction, or Customer has reason to believe that such breach has occurred, Customer shall immediately notify ▇▇▇▇▇▇▇▇▇.▇▇▇ of such breach and shall take such precautions as may be necessary to prevent such breaches from occurring in the future.
(iii) Except for the express obligations of ▇▇▇▇▇▇▇▇▇.▇▇▇ set forth in this Addendum, Customer is solely responsible for all activities required by or otherwise related to the development, production, delivery, and promotion of Customer’s products and services and for all fees, costs, taxes or other expenses related to such activities, including the taking and fulfillment of orders for/from Visa Checkout End Users. Customer is solely responsible for all service issues relating to Customer’s products and services, including pricing, order fulfillment, order cancellation, returns, refunds and adjustments, chargebacks, rebates, functionality and warranty, and technical and Visa Checkout End User consumer support. Customer acknowledges and agrees that it will not act as a payment intermediary, aggregator, or service bureau or otherwise resell the Visa Checkout Services to any third parties.
Customer Obligations. 4.1 In addition to any other obligations set out in this Agreement, the Customer will:
4.1.1 comply with, and ensure that its Users comply with, all Applicable Law in the receipt and use of the Services;
4.1.2 comply with the Acceptable Use Policy and the Compliance Obligations and ensure their Users do; and
4.1.3 not re-sell the Services to a third-party without BT’s prior written approval or unless explicitly set out in a Schedule. If BT grants such approval, it will be conditional upon the Customer imposing on the relevant third-party in writing obligations no less onerous than those to which the Customer is subject under this Agreement (including the Compliance Obligations and the Acceptable Use Policy).
Customer Obligations. 7.1 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Provider, or procure for the Provider, such:
(a) co-operation, support and advice;
(b) information and documentation; and
(c) governmental, legal and regulatory licences, consents and permits, as are reasonably necessary to enable the Provider to perform its obligations under this Agreement.
7.2 The Customer must provide to the Provider, or procure for the Provider, such access to the Customer's computer hardware, software, networks and systems as may be reasonably required by the Provider to enable the Provider to perform its obligations under this Agreement.
Customer Obligations. 7.1 The Customer represents and warrants that it has undertaken to provide all necessary notices to End-Users and received all necessary permissions and consents, as required for Hubilo to Process the Customer Personal Data under this DPA and pursuant to the Applicable Data Protection Laws in their respective country and state (if applicable).
7.2 The Customer represents and warrants that it has complied with all information provision obligations under the Applicable Data Protection Laws.
7.3 To accomplish Customer's notice and consent obligations under Applicable Data Protection Laws, the Customer may refer End Users to Hubilo’s Privacy Policy at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/privacy-policy/ (▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/privacy-policy/). However, it is clear that Hubilo as a Data Processor does not bear the obligation for information provision and obtaining consent of End Users under the Applicable Data Protection Laws and only provides a notice as Processor for the Customer’s convenience to explain the various processing activities, functionalities and measures and features available on the Platform. In no event, shall Hubilo’s privacy policy be construed as legal advice nor replacing the Customer’s privacy notice.
7.4 Responsibilities of Customer The Customer:
i) instructs ▇▇▇▇▇▇ (and authorises Hubilo to instruct each Sub-processor) to:
a) Process Customer Personal Data in a manner that is in compliance with the Applicable Data Protection Laws; and
b) in particular, transfer Customer Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with the MSA;
ii) warrants and represents that it is and will at all relevant times remain duly and effectively authorised to give the instruction set out in section 5.1; and
iii) warrants and represents that it has complied with Applicable Data Protection Laws in respect of any obligations that it has under Applicable Data Protection Laws with respect to it being the Controller of Customer Personal Data. The Customer further represents and warrants that it has collected the Customer Personal Data in accordance with Applicable Data Protection Laws.
7.4.1 As Customer is the Controller of Personal Data of Data Subjects, it the responsibility of the Customer to ask for consent from End Users for new types of data processing, nor shall Hubilo process Customer Personal Data for any “further” or “compatible” purposes (within the meaning of Articles 5(l)(b) and 6(4) GDPR) other than th...
Customer Obligations. Company will comply with all applicable laws with respect to the @ Work Services, including, but not limited to, laws related to the export of technical or personal data. Company will only use the @ Work Services with content and data for which Company has all necessary rights.
Customer Obligations. Customer must ensure that (i) its Authorized Users have entered complete and accurate information about its company and person within the registration process and, but not limited to, have not used any pseudonyms, (ii) its Authorized Users use the Service in compliance with the terms of this Agreement and (iii) that its Authorized Users use reasonable efforts to prevent unauthorized access or use of the Service by employees not considered as Authorized Users or third parties, and to notify Service Provider promptly of any such unauthorized access or use.
Customer Obligations. 4.1 The Customer will provide the Company with all assistance, information and documentation necessary to enable the Company to provide the Services, and punctually comply with any Law or request from a Government Authority.
4.2 The Customer is under a continuing obligation to provide any information which may materially affect the capacity of the Customer to perform its obligations under the Agreement.
4.3 The Customer will keep confidential the Company's fees or charges and any waiver, discount, release or indulgence provided by the Company in relation to the provision of the Services.
Customer Obligations. 4.1 Without prejudice to its other obligations under this Agreement, the Customer undertakes to the Supplier that it shall during the Term:
4.1.1 procure all necessary rights and licences to enable the Supplier to exercise its rights and/or perform its obligations under this Agreement and Applicable Law in respect of the Services, including in respect of any third Party software other than where the Supplier has specifically agreed in writing to acquire the relevant software licences.
4.1.2 promptly provide the Supplier with such information about its requirements for the Services as the Supplier may reasonably require and request from time to time in order to enable it to provide the Services in accordance with this Agreement;
4.1.3 provide the Supplier with such access to any premises, systems and networks as the Supplier may reasonably require for the purposes of delivering the Services and co- operate with the Supplier’s reasonable requests from time to time for assistance and information to enable the Supplier to perform its obligations under this Agreement and comply with its obligations under Applicable Laws; where applicable permit the Supplier/or any of its appointed representatives (on reasonable notice and during normal Working Hours) to enter onto any of the Customer’s premises to audit the Customers compliance with its obligations under this Agreement. The Customer shall co-operate in all respects with any audit and allow the Supplier and/or its appointed representatives access to relevant documents, data, software, equipment and other relevant materials;
4.1.4 comply with, insofar as they relate to the Services provided under this Agreement:
4.1.4.1 the Acceptable Use Policy;
4.1.4.2 all Applicable Laws and all codes of practice and other regulations issued by any competent authority;
4.1.4.3 all reasonable instructions of the Supplier or a Third Party Services Provider; and
4.1.4.4 all instructions issued by a regulatory body and notified to the Customer;
4.1.5 not use or permit the Services to be used for:
4.1.5.1 any illegal, immoral or unlawful purpose, or any purpose other than that for which the Services are provided; or
4.1.5.2 the transmission of any material which is illegal, defamatory, offensive, of an abusive or menacing character or that is likely to be deemed a nuisance;
4.1.6 notify the Supplier promptly in writing of any change to its name, operating address or registered office address;
Customer Obligations. Customer shall provide Cummins safe access to Customer’s site and arrange for all related services and utilities necessary for Cummins to perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to facility occupants, customers, invitees, or any third party and or property damage or work interruption arising out of the Services. Customer shall make all necessary arrangement to address and mitigate the consequences of any electrical service interruption which might occur during the Services. CUSTOMER IS RESPONSIBLE FOR OPERATING AND MAINTAINING THE EQUIPMENT IN ACCORDANCE WITH THE OWNER’S MANUAL FOR THE EQUIPMENT.
