Common use of Customer Obligations Clause in Contracts

Customer Obligations. 41.1. The Customer undertakes to use the Services strictly in accordance with the Contract and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 3 contracts

Samples: Terms and Conditions for the Supply of Products and/or Services, Terms and Conditions for the Supply of Products and/or Services, Terms and Conditions for the Supply of Products and/or Services

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Customer Obligations. 41.1. The 7.1 In addition and without limitation to the Customer’s other obligations set out in elsewhere in the Agreement the Customer undertakes shall: 7.1.1 promptly respond to use any queries or requests made by GVI; 7.1.2 ensure that all Customer Communications and Customer’s User Services are not unlawful in any manner and comply with all relevant laws and regulations and the Services strictly Relevant Codes of Conduct as amended from time to time; 7.1.3 immediately upon receipt, forward to GVI any notification the Customer receives of unlawful activity in accordance respect of the Customer Communications or Customer’s User Services, including pursuant to the provisions of section 77 of the ECT Act or any other legislation, and it is recorded that GVI may report such unlawful activity to any relevant Network Provider or authority; 7.1.4 immediately comply with the Contract any ‘takedown’ notice or other notice that GVI gives it to cease any unlawful or undesirable Communications or activity; 7.1.5 obtain and pay for all such other conditions rights, authorisations, licenses, royalties, consents and permissions as may be notified required in order to enable it to receive the GVI Communication Services and provide the Customer’s User Services; 7.1.6 ensure that all Communications and Customer’s User Services do not infringe any copyright or other Intellectual Property Rights; 7.1.7 take all such steps as may be required in order to ensure that the Communications and Customer’s User Services are accurate, correct and not misleading; 7.1.8 make freely available and include in all promotional material in connection with the Customer’s User Services, information which will enable the Customer’s End Users and the public in general to readily ascertain the full retail prices if any, and terms and conditions upon which the Customer’s User Services are provided and shall separately state the Network’s Bearer fee and if applicable where GVI has agreed separately in writing to the charging thereof, the VAS Service fee (ie Customer User Fee); 7.1.9 not in any promotional material use GVI’s or any Network Provider’s name or any other trade marks, logos or other Intellectual Property which belongs to GVI or any Network Provider, without first obtaining the prior written consent of GVI or the relevant Network Provider, as the case may be; 7.1.10 ensure that, unless specifically agreed to by Comtact GVI, no Communication shall: 7.1.10.1 contain any adult content including extreme violence, pornography or other content inappropriate for young children to receive; or 7.1.10.2 promote a competition for which participants have to pay a fee or incur an expense other than the standard Network Bearer Fee for the communication; or 7.1.10.3 promote or conduct any gambling. 7.1.11 comply with GVI’s Privacy Policy (as amended from time to time time) and in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither any information the Customer nor anyone under their control may use the Services:- o as a means obtains or receives in respect of communication for a purpose other than that for which the Services are provided Customer’s End Users is kept confidential and not disclosed, communicated or in a manner in which constitutes a violation or infringement of the rights of made accessible to any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of third parties without the Customer’s obligations End Users prior writing consent; 7.1.12 ensure that in clause 41.2 and against any claim which is made against Comtact and/or providing the TSP because Customer’s User Services to the Services are misused Customer’s End Users the Customer shall not in any way by incur obligations for GVI or any Network Provider nor bind GVI or any Network Provider in any way and that in all its communications, advertising, promotions and/or dealings with the Customer. Comtact ’s End Users, and or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services any other third parties, it is made clear that the Customer is responsible for checking the Communications, Customer’s User Services and that GVI and the Network Providers do not in any manner have any responsibilities in respect of the Customer’s User Services and that the Customer’s End User shall only have recourse to the Customer; 7.1.13 not transmit or request the transmission of unsolicited Customer’s User Services without the express consent of the existing or potential Customer’s End User (ie addressee) and shall ensure that appropriate mechanisms exist to enable the Customer’s End Users to withdraw or cancel such consent at any time, whereupon the Customer shall immediately cease providing and offering such Customer’s User Service; 7.1.14 promptly discharge all its obligations to the Customer’s End Users; 7.1.15 ensure that the Customer’s User Services and Communications are of such a nature that they are not likely to bring GVI or any of the relevant Network Providers into disrepute and which contain nothing which is likely in the light of generally prevailing standards of decency to cause offence. In this respect suitability may be determined by GVI and in respect of a Network, the Network, and such determination shall be final and binding; 7.1.16 at its own cost and expense be responsible in all respects for the content and the accuracy of all Customer Communications and the Customer’s User Services provided to the Customer’s End Users, and guarantees and warrants that same shall at all times conform to the terms and conditions of the Agreement and the Relevant Codes of Conduct and laws; 7.1.17 provide GVI with relevant Communications in the format requested by GVI from time to time in order for GVI to provide the GVI Communication Services; 7.1.18 co-operate with GVI and promptly, at its own cost, provide GVI with all reasonable assistance GVI may require in connection with the performance of GVI’s obligations under the Agreement; 7.1.19 ensure that it, and all users of the GVI Communication Services comply with any GVI Use Rules for the particular GVI Communication Services that GVI may notify it of from time to time; 7.1.20 keep, and maintain for a period of not less than two years (or such longer period as may be required by the WASPA Code of Conduct), such statistics in regard to complaints received by it; 7.1.21 keep and maintain for the periods required by the WASPA Code of Conduct or other laws all information and records required to be kept by a WASP and/or VAS Service provider in relation to the Communications and Customer’s User Services; 7.1.22 promptly provide GVI with such access to the Customer’s computer systems, other information systems and personnel as GVI requires from time to time for the purpose of providing GVI Communication Services and performing any other obligations under the Agreement; 7.1.23 promptly provide GVI with such copies of all documentation and accurate information as to its information systems, procedures, Communications and Customer’s User Services as GVI requires from time to time for the purpose of providing and monitoring the GVI Communication Services, attending to customer care and Customer End User complaints and performing any other obligations under the Agreement or duties it has in law; 7.1.24 be responsible for procuring and maintaining electrical power, the required information systems and software and network connectivity and the Customer accepts that the GVI Communication Services may be limited or dependant upon the information systems, related software and network connectivity used by the customer; 7.1.25 not resell an of the GVI Communication Services; 7.1.26 not take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent Customer’s or any other person’s affiliation to any person or forge headers or otherwise manipulate identifies in order to disguise the origin of anything posted or transmitted or made available through the GVI Communication Services; 7.1.27 not use any GVI Communication Services to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as a “pyramid schemes” and “chain letters”; 7.1.28 not use the services I a manner that may damage, impair, overburden or disable the GVI Communications Services or interfere with any other persons use or enjoyment of the GVI Communication Services; and 7.1.29 promptly comply with all reasonable instructions given by GVI. 7.2 The Customer warrants that any of its directors, employees or representatives requesting or using any GVI Communication Services from time to time are duly authorised to so. Where the Customer is not currently in a contract with any other supplier(s) before changing natural person, he/she warrants that he/she is over the line rental age of 18. 7.3 Customer agrees that GVI may from time to time send Customer communications regarding (without being limited to) its products, offers, operational changes, services or LCR services products from time to Comtact. Comtact will not time 7.4 Where GVI provides a password in connection with access to any GVI Communication Services it shall be liable for Customer’s responsibility to keep such password secure and any cancellation charges or other fees charged access by means of such password shall be deemed to have been duly authorised by the Customer’s previous supplier. 41.5. The If Customer requires a reminder or a new password GVI will comply with current regulations for NGNs which includes but is not limited send the password to the following: o the e-mail address or cell phone number provided by Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactat Customer’s risk.

Appears in 3 contracts

Samples: Gvi Communication Services Agreement, Gvi Communication Services Agreement, Gvi Communication Services Agreement

Customer Obligations. 41.1. 5.1 Except to the extent that Sonardyne has agreed to provide specified consultancy Services regarding Product selection, the Customer shall be responsible for its own Product selection and for ensuring the suitability of the Products for the required purpose. 5.2 The Customer undertakes is responsible for obtaining all necessary consents, licences and permits relating to its use of the Services strictly Products and/or Services. 5.3 The Customer shall accept delivery and shipment of the Products in accordance with the Contract provisions of clause 6 below. 5.4 The Customer shall indemnify, defend, hold harmless and such release Sonardyne at all times against all claims, demands, costs (including legal costs on a full indemnity basis), expenses, losses and liabilities incurred by Sonardyne as a result of: Sonardyne following any designs, specifications, instructions or other conditions as may be notified reliance on Customer Material; any claim that the Customer Materials, or any part of them infringe any rights of any third parties, including any Intellectual Property Rights; the Customer having failed to install, commission or use the Products using suitably experienced and trained personnel or in accordance with instructions and licences supplied by Sonardyne and/or the manufacturer of the Products. 5.5 The Customer shall inspect the Products upon receipt and notify any defect in them to Sonardyne in writing within 48 hours of Shipment. If no such notification is received it shall be conclusively presumed that they are complete and in good order, and condition and fit for the purpose for which they are required and in every way satisfactory to the Customer. 5.6 The Customer by Comtact from time shall allow Sonardyne or its duly authorised representative, upon reasonable notice given at any time, access to time inspect the Products. The Customer shall keep an accurate list of the details of all Products including their location and shall provide an up to date copy to Sonardyne upon request. 5.7 The Customer shall use and maintain the Products in a skilful and proper manner and in accordance with any operating instructions issued for them, and to ensure that the relevant provisions Products are operated and used by properly skilled and trained personnel. 5.8 The Customer shall clean and keep the Products at its own expense at all times in good condition (fair wear and tear excepted) making available to Sonardyne full records thereof. 5.9 The Customer shall make no alteration to the Products and not remove any existing components or identification markings from the Products, unless it is removed in the ordinary course of repair and maintenance (including the removal and replacement of batteries and other consumables, which shall be the responsibility of the Communications Xxx 0000 with any other applicable laws and regulationsCustomer) in which case as soon as practicable, any directions given by a replacement shall be fitted. 5.10 The Customer shall be responsible for the Director General safe usage of the office Products and shall comply with all statutory and other obligations of Telecommunications all kinds in relation to the Products and the use of them and at its own expense add to or install with the Products any safety or other competent authorityequipment required by any applicable law or regulation to be so added or installed for the safe use of the Products. 41.2. 5.11 The Customer will ensure that neither shall protect the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided Products against distress, execution or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offenceseizure. 41.3. 5.12 The Customer hereby indemnifies shall operate the Products in accordance with applicable export licencing and permit regulations and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from immediately notify Sonardyne of any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46same. 41.4. In respect of LCR Services the 5.13 The Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not shall be liable for any cancellation charges loss, theft, damage or destruction of or to the Products, howsoever caused, (inclusive of whilst in transit), fair wear and tear excepted. 5.14 The Customer shall be liable for the provision of insurances against all liability to third persons for death, personal injury and damage to, or loss of property arising directly or indirectly, out of the use, possession, or operation of the Products for such amount as is prudent in all the circumstances. 5.15 The Customer shall not sell or offer for sale, assign, mortgage or pledge, any of the Products or allow the creation of any charge, encumbrance, lien, or other fees charged interest to arise over them. 5.16 The Customer shall be responsible for all losses and liabilities (including legal expenses on a full indemnity basis) arising from the Customer's breach of this Agreement, or from the possession or use by the Customer of the Products or their repossession. 5.17 The Customer shall on or before the expiration or termination of the Hire Term return the Products to Sonardyne at the Customer’s previous supplier. 41.5cost, to such address as Sonardyne shall reasonably require (or otherwise to Sonardyne’s head office). In the event of failure to so do, the Customer shall allow Sonardyne and its representatives (and shall ensure that any third parties also allow) access to any premises where the Products are located for the purpose of performing such return at the cost and expense of the Customer. The Customer will comply with current regulations shall accurately notify Sonardyne in writing of the location/s of the Products upon request. 5.18 The Customer shall continue to pay the Charges for NGNs which includes but is not limited the hire of the Products until returned to Sonardyne. 5.19 In the following: o event that the Products are lost during the Hire Term the Customer will provide shall pay to Sonardyne on demand the caller pricing information for each number wherever full replacement price of any lost item unless otherwise agreed between the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactparties.

Appears in 3 contracts

Samples: Hire Terms and Conditions, Hire Terms and Conditions, Hire Terms and Conditions

Customer Obligations. 41.1(a) Customer shall permit the delivery of the Digital Content as provided in paragraph 1, above, to the End Users only by means of SAFARI Montage System and shall not charge End Users any direct or indirect fees for viewing the Digital Content. (b) Customer agrees that Customer shall not, and shall instruct End Users that End Users shall not, modify, edit, copy, tape, reproduce, duplicate, transmit, broadcast, decompile, disassemble, reverse engineer, loan, rent, lease, sublicense, create derivative works or make any other use whatsoever of the Digital Content , in whole or in part, except as expressly authorized herein or as otherwise permitted under the U.S. Copyright Act of 1976, including, without limitation, any “fair use” provisions under Section 107 of such Act. Nothing in this Agreement shall prohibit Customer from interrupting, fast forwarding or rewinding the Digital Content during its viewing. (c) Customer shall not make any modification, deletion, cut, alteration or addition in or to the Digital Content, including, without limitation, the deletion of any copyright notices or credits from the Digital Content or from any other material supplied to Customer hereunder. The Customer undertakes Digital Content shall not be used in any manner to use promote and/or endorse any products and/or services, without the Services strictly in accordance with express written permission of the Contract and such copyright owner for the respective Digital Content. (d) Upon written notice from LVC that the Digital Content, or any portion thereof, is subject to a threatened or actual claim of infringement, violation of another right or any other conditions as claim for which LVC may be notified liable herein, or if LVC retires and/or withdraws any Digital Content for any reason, including, without limitation, for editorial reasons, Customer shall cease all further use of such Digital Content and take any necessary action, as instructed by LVC, to block further access to such Digital Content. LVC shall provide Customer with comparable Digital Content (which comparability will be determined by LVC in writing its reasonable commercial judgment) free of charge, but subject to the Customer by Comtact from time to time terms and in accordance with the relevant provisions conditions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authoritythis Agreement. 41.2. The (e) Customer will ensure that neither shall enable uninterrupted remote access to the Customer nor anyone under their control may use SAFARI Montage System via the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensiveInternet, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and LVC and/or its authorized representative shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve have the right to take further action as specified in clause 46remotely access the SAFARI Montage System via the Internet for content and software updates, maintenance, operational and administrative purposes and/or data collection. In the event online access to the SAFARI Montage System is interrupted or otherwise not available for any reason, upon request by LVC, Customer shall grant LVC and/or its authorized representative direct on-site access to the SAFARI Montage System during normal business hours. 41.4. In respect (f) Customer agrees that it shall not use any trade names, service marks and/or trademarks belonging to SVN, LVC and/or any third party provider of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with Digital Content licensed hereunder, including, without limitation, any other supplier(s) before changing over the line rental name or LCR services to Comtact. Comtact will not be liable for title of any cancellation charges or other fees charged by the Customer’s previous supplierDigital Content. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 2 contracts

Samples: Digital Content License Agreement, Digital Content License Agreement

Customer Obligations. 41.142.1. The Customer undertakes to use the Services strictly in accordance with the Contract and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.242.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.342.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 42.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.447. 42.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. 42.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.642.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 2 contracts

Samples: Terms and Conditions for the Supply of Products and/or Services, Terms and Conditions for the Supply of Products and/or Services

Customer Obligations. 41.1Customer is responsible for reviewing the current version of the Customer Agreement periodically in relation to Customer Obligations stipulated hereinunder Clause 2. The Any term or provision of this Agreement may be amended only by a written document signed by the parties to be bound xxxxxxx.XX may amend this Agreement by (a) posting a revised Customer undertakes Agreement on the MyTrust 365 website, or (b) sending information regarding the amendment to use the Services strictly in accordance email address you provide to TG. 2.1 Customer agrees to comply with the Contract terms and such other conditions as may be notified in writing to the Customer by Comtact from time to time of this Agreement and in accordance with the relevant provisions of the Communications Xxx 0000 with any other all applicable Malaysia laws and regulations, any directions given by policies, and procedures for Internet online services. Customer agrees that it will not use MyTrust 365 for illegal purposes, to disrupt the Director General of Service, or to distribute content that violates the office of Telecommunications privacy, intellectual property or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the proprietary rights of any other third party; o , or for purposes that TG reasonably determines to make offensivebe unlawful, indecentobscene, menacingdefamatory, nuisance harassing, fraudulent, abusive, threatening, harmful, vulgar, or hoax calls or calls otherwise objectionable. Customer is wholly responsible for the contents of a defamatory character or fraudulently or in connection with a criminal offencethe transactions through MyTrust 365. 41.3. The 2.2 Customer hereby indemnifies represents and shall keep indemnified Comtact against warrants that all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 information provided to TG is true, accurate and against any claim which is made against Comtact and/or complete, and that Customer has the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the legal right to take further action as specified in clause 46. 41.4use the email address(es) provided. In respect Customer agrees to keep his information current by updating his account information. Customer agrees to maintain the confidentiality of LCR Services the his account. Customer is responsible for checking all activities that occur under his account. If his account remains inactive for more than six (6) months, TG reserves the right to close his account. 2.3 Customer agrees that the official time for all transactions using MyTrust 365 will be the timestamps recorded by MyTrust 365’s servers. Customer is not currently also agrees that all electronic communications or notices sent to the email address provided to TG, placed in a contract with any other supplier(shis account, or posted on the Website will be considered “in writing” and received within five (5) before changing over the line rental business days of its dissemination. TG disclaims all responsibility for all failures in communication caused by failures of third parties to properly process or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customerdeliver TG’s previous supplierelectronic communication. 41.5. The 2.4 Customer will comply with current regulations for NGNs which includes but is shall not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed copy or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for reproduce modify or distribute any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from ComtactMyTrust 365 documentation except expressly permitted under this Agreement.

Appears in 2 contracts

Samples: Certification Agreement, Certification Agreement

Customer Obligations. 41.1. 7.1 The Customer undertakes to use shall carry out the Services strictly Works in accordance with the Contract Specifications in Schedule 2. 7.2 The Customer shall ensure, for the Supplier, its agents, subcontractors, consultants and such other conditions as may be notified in writing employees, access to the Premises for any purpose in connection with this Agreement and the Customer by Comtact from time hereby acknowledges and agrees that the Supplier, its agents, subcontractors, consultants and employees may without notice enter onto the Premises for the purpose of Delivery or to time inspect the Equipment or to inspect and take samples of any Stock or motor fuels, additives, fuels or otherwise passing through or stored in the Equipment or to recover or remove the Equipment (in accordance with this Agreement) from the Premises. 7.3 The Customer shall inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at the Premises. 7.4 The Customer shall pay the Supplier in accordance with clause 5.1 and not cancel any direct debit mandate authorising payment in respect thereof. 7.6 The Customer shall not store or dispense (as appropriate) any Motor Fuel other than the Fuel Stock exclusively supplied by the Supplier in, through or utilising the Equipment. 7.7 The Customer shall not disseminate, discuss, communicate or disclose any commercial details of this agreement or any details of the commercial relationship between the Supplier and the Customer to any third party whatsoever. 7.8 The Customer shall prevent any Environmental Release on the Premises and shall comply with all applicable Environmental Laws and obtain any and all requisite Environmental Licences and at all times remain in compliance with all such Environmental Licences, and not to cause or contribute to causing any Environmental Release. For the avoidance of doubt, the Supplier is not in any way responsible for environmental risk of storage of Stock whilst on the Customers Premises; 7.9 The Customer shall not during the Term of this Agreement purchase, receive, dispense or sell at the Premises any Stock other than the Stock of the Supplier. 7.10 The Customer shall comply with and cause its servants and agents to be aware of and comply with all Laws, and for the avoidance of doubt all statutory provisions and all provisions contained in any Regulation or Bye-Law made by any competent authority and any condition and all conditions imposed by any such authority in any licence held (or required to be held) by the Customer or otherwise or imposed by any policy of insurance relating to or affecting the use by the Customer of the property or the equipment thereon or therein and the storage or use of the Stock, motor fuel or other explosives or inflammable oils or substances and keep the Supplier fully and effectively indemnified from and against all actions, proceedings, costs, claims and demands occasioned by or arising out of any breach of any statutory or other provision as aforesaid where such breach is the fault of the Customer (to include negligence on the part of the Customer) or against any loss which the Supplier may suffer as a result of any such breach as aforesaid. 7.11 The Customer shall comply with the recommendations or requirements of the appropriate authority (including the relevant provisions of licensing authorities) in relation to the Communications Xxx 0000 with any other applicable laws fire precautions and regulations, any directions given by to indemnify and keep the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep Supplier indemnified Comtact at all times against all liabilities, claims, damages, losses demands and expenses arising from any breach liabilities in respect of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customerunder this Agreement where such claims etc. Comtact or TSP reserve the right to take further action arise as specified in clause 46. 41.4. In respect a result of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplierfault (including negligence) in failing to so comply. 41.5. 7.12 The Customer will comply with current regulations for NGNs which includes but is not limited to shall save harmless, indemnify and keep indemnified the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected Supplier from and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any against all actions, proceedings, costs, consequential expenses, claims and demands and against all loss arising whether directly or otherwiseindirectly out of or in connection with the receipt, incurred storage and dispensing of Stock provided by the Customer Supplier on in preparation for or from the commencement Customer’s premises where same arises by virtue of services until such time that Comtact confirms the activation fault (including negligence) of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactthe Customer.

Appears in 1 contract

Samples: Terms and Conditions for Supply of Equipment and Bulk Fuel

Customer Obligations. 41.13.1 The Customer will use best endeavours to ensure that the Customer Materials shall contain no illegal, obscene, pornographic, defamatory or blasphemous Customer Data or other such material. The Customer undertakes will notify Capita immediately it becomes aware of the existence of any material contained in the Customer Data which might cause the Customer to use be in breach of this Clause 3.1. 3.2 It is the Customer’s responsibility to maintain a copy of any Customer Data embodied in Customer Materials where such Customer Data and/or Customer Materials have been in the possession of the Customer and/or under the control of the Customer at any time. 3.3 Capita shall not be responsible for checking the accuracy of Customer Data unless otherwise agreed. 3.4 If any other licence or consent of any government or other authority shall be required for the provision of the Services strictly to the Customer, the Customer shall obtain the same at its own expense and if requested produce evidence of the same to Capita on demand. Failure to obtain any licence or consent shall not entitle the Customer to withhold or delay payment of the Charges. Any additional expenses or charges incurred by Capita resulting from such failure shall be chargeable as an additional to this Agreement. 3.5 Without prejudice to the provisions of this Clause 3 (Customer Obligations) the Customer shall comply with its obligations set out in Schedule 5 (Customer Obligations). 3.6 To the extent that any failure or delay to perform the Services in accordance with this Agreement by Capita results from the Contract Customer’s failure to comply with its obligations under this Clause 3 (Customer Obligations) or Schedule 5 (Customer Obligations) or as otherwise stated elsewhere in this Agreement Capita shall have no liability for any such failure or delay and such other conditions as may shall be notified in writing entitled to the Customer by Comtact from time claim compensation subject to time and in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authorityprinciples set out in Clause 3.7 below. 41.2. The Customer will ensure 3.7 If Capita is entitled in accordance with Clause 3.6 to compensation for failure or delay to perform the Services in accordance with this Agreement, then such compensation shall be determined in accordance with the following principles: 3.7.1 the compensation shall reimburse Capita for additional costs incurred by Xxxxxx that neither the Customer nor anyone under their control may use the Services:- o Capita can demonstrate it has incurred solely and directly as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach result of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or failure to comply with its obligations; and 3.7.2 the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right compensation shall not operate so as to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently put Capita in a contract with any other supplier(s) before changing over better position than it would have been in but for the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by occurrence of the Customer’s previous supplierfailure to comply with its obligations. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o 3.8 Capita shall provide the Customer will provide the caller pricing with any information for each number wherever the number is printed or published. o the Customer will notify callers may reasonably require in order to assess the validity of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from ComtactXxxxxx's claim to compensation.

Appears in 1 contract

Samples: Services Agreement

Customer Obligations. 41.1. The Customer undertakes to use the Services strictly in accordance with the Contract and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. 7.1 The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of shall not be used for any illegal activity, and indemnifies the rights Supplier from any liability that may arise due to such usage. Such activity will be deemed to include the publishing of any other party; o to make offensivematerial that is obscene, indecentthreatening, menacing, nuisance defamatory or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by infringes upon the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46Intellectual Property Rights of another party. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. 7.2 The Customer will comply with current regulations for NGNs which includes but is not limited the terms and conditions imposed by any Third Party in connection with the provision of the Services to the following: o Customer by the Supplier. 7.3 Subject to Clause 8.2, the Customer will provide accepts that in the caller pricing information for each number wherever event of allegations of infringement of Clauses 7.1 and 7.2, the number Supplier may without notice or liability suspend or interrupt the Customer’s services, or remove any specific material held on the Supplier’s systems on the Customer’s behalf pending clarification of such allegations or suspicion. 7.4 The Customer is printed or publishedadvised to read and agree to the appropriate Supplementary Terms relevant to the Services to which it subscribes. o If the Customer fails to comply with any of those Supplementary Terms, the Customer’s Services may be suspended or terminated. 7.5 The Customer accepts responsibility for all items published or transferred from the Server to which it has access. The Supplier will notify callers only act as a distributor of undue delays between the Customer’s IP traffic and will not examine it in any way except for the purpose of routing it over the Internet. 7.6 In the event that a call being connected and the caller accessing the service o where required Third Party makes direct representation to the Customer with regard to possible breach of Clause 7, the customer will obtain prior permission for premium rate numbers 41.6. Comtact without delay notify the Supplier of the nature and background of such representation so that the Supplier may promptly carry out any actions required to mitigate any exposure or damages. 7.7 Data transfer limits cannot be held responsible exceeded. More data transfer can be made available (additional fees may apply). 7.8 The Customer accepts responsibility (at its own cost) for ensuring that any costs, consequential or otherwise, incurred by data is suitably backed up. 7.9 The Customer accepts responsibility (at its own cost) for ensuring that it has any and all necessary insurance to meet the Customer requirements laid out in preparation this Agreement for the commencement of services until such time that Comtact confirms the activation of NGN number(s). duration thereof. 7.10 The Customer should not undertake any marketing activities or publication agrees that it shall comply with its obligations under the Data Protection Xxx 0000 and under the laws of numbers until an order confirmation has been received from ComtactEngland and Wales.

Appears in 1 contract

Samples: Terms and Conditions

Customer Obligations. 41.1. 4.1 The Customer undertakes undertakes, warrants and represents that: 4.1.1 has full power and authority to enter into this Agreement; 4.1.2 it is the owner of or has procured all necessary licences, certificates, authorities and consents required by Applicable Law in respect of Customer Proprietary Software and other IPR required for NTT DATA to provide the Services, Products and/or Deliverables under this Agreement; 4.1.3 the Customer Proprietary Software and other IPR referred to in clause 9 do not infringe or constitute an infringement or misappropriation of any IPR or other proprietary rights of any third party; 4.1.4 it will use best endeavours not to introduce any computer virus or other contamination, whether knowingly or not, onto any of NTT DATA’s equipment or systems; 4.1.5 any data supplied to enable NTT DATA in order for it to perform the Services strictly and to provide the Products and/or Deliverables, shall be complete and accurate in accordance all material respects and the Customer shall retain a back-up copy; 4.1.6 it shall comply with the Contract and such all Applicable Law, any acceptable use policies and/or any other conditions as may be notified in writing conditions, requirements or instructions to the Customer by Comtact relating to NTT DATA’s performance of the Agreement from time to time during the Term; and 4.1.7 it shall enter into and in accordance comply with the relevant provisions terms and conditions of any Licence Agreement and/or any other third party Software terms and conditions where reasonably required by NTT DATA pursuant to this Agreement. 4.2 During the Term, the Customer shall be solely responsible for and shall provide (or procure the provision of) all Customer Retained Responsibilities. If the Customer fails to provide any of the Communications Xxx 0000 with any other applicable laws and regulationsCustomer Retained Responsibilities (a "Customer Default"), any directions given then, to the extent that NTT DATA is prevented or delayed in performing its obligations under this Agreement by such Customer Default ("Knock-on Default"), NTT DATA shall be relieved of liability for such Knock-on Default for the Director General duration of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither Default and afterwards, for so long as and to the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking extent that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services Default continues to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplierhave an impact upon NTT DATA. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Master Services Agreement

Customer Obligations. 41.1. 4.1 The Customer undertakes shall use all reasonable and appropriate security measures in connection with the Customer’s use of the Managed Services and shall accordingly be solely responsible for maintaining an appropriate level of both physical and network/IT based security of its working operating environment so as to use ensure that the proper provision of the Managed Services strictly by the Supplier shall not be unduly prejudiced or prevented and that the provision of the Managed Services does not unduly compromise the security of the Customer’s operating environment. 4.2 Pursuant to the terms of clause 4.1, the Customer shall be responsible for undertaking such testing as shall be deemed reasonably necessary in order to ensure that the Managed Services provided by the Supplier can be deployed safely and successfully within the Customer’s environment. Accordingly, the Supplier shall not be held responsible in any way for any breaches of security or for being prevented from providing the Managed Services to the extent that the same results from the Customer’s failure to act in accordance with the Contract and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions terms of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authoritythis clause. 41.2. 4.3 The Customer will ensure that neither is responsible for keeping all usernames and passwords confidential. 4.4 The Customer shall immediately notify the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights Supplier of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach unauthorised use of the Customer’s obligations account or any other known breach of security. The Supplier has no obligation to provide security other than as may be detailed within this Managed Services Agreement. 4.5 The Customer shall use the Managed Services in clause 41.2 and against any claim a manner which is consistent with the terms of this Managed Services Agreement and with any recommendations as may be made against Comtact and/or the TSP because the Services are misused in any way by the CustomerSupplier from time to time. Comtact Accordingly, the Supplier shall not be responsible for the consequences of any changes made by the Customer to the Managed Services themselves or TSP reserve to anything which may affect the right to take further action as specified in clause 46proper delivery or performance of the Managed Services. 41.4. In respect 4.6 The Customer agrees to do each of LCR the following: (i) comply with applicable law, (ii) pay when due the Fees for the Managed Services, (iii) use reasonable security precautions in connection with the Customer’s use of the Managed Services, (iv) cooperate with the Supplier’s reasonable investigation of Service outages, security problems, and any suspected breach of the Managed Services Agreement, (v) keep the Customer’s billing contact and other account information up to date via the Online Control Panel, and (vi) immediately notify the Supplier of any unauthorised use of the Customer’s account or any other breach of security. 4.7 The Customer acknowledges and agrees that for the Supplier to be able to provide the Managed Services the Customer is responsible for checking that shall: 4.7.1 Co-operate with the Customer is not currently in a contract with any other supplier(s) before changing over Supplier as the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplierSupplier reasonably requires. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Managed Services Agreement

Customer Obligations. 41.1. 7.1 The Customer undertakes to use shall inform the Services strictly Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at the Premises. 7.2 The Customer shall pay the Supplier in accordance with clause 5 and not cancel any direct debit mandate authorising payment in respect thereof. 7.3 The Customer shall not disseminate, discuss, communicate or disclose any commercial details of this agreement or any details of the Contract commercial relationship between the Supplier and the Customer to any third party whatsoever. 7.4 The Customer shall prevent any Environmental Release on the Premises and shall comply with all applicable Environmental Laws and obtain any and all requisite Environmental Licences and at all times remain in compliance with all such Environmental Licences, and not to cause or contribute to causing any Environmental Release. For the avoidance of doubt, the Supplier is not in any way responsible for environmental risk of storage of Stock whilst on the Customers Premises; 7.5 The Customer shall comply with and cause its servants and agents to be aware of and comply with all Laws, and for the avoidance of doubt all statutory provisions and all provisions contained in any Regulation or Bye-Law made by any competent authority and any condition and all conditions imposed by any such authority in any licence held (or required to be held) by the Customer or otherwise or imposed by any policy of insurance relating to or affecting the use by the Customer of the property or the equipment thereon or therein and the storage or use of the Stock, motor fuel or other conditions explosives or inflammable oils or substances and keep the Supplier fully and effectively indemnified from and against all actions, proceedings, costs, claims and demands occasioned by or arising out of any breach of any statutory or other provision as aforesaid where such breach is the fault of the Customer (to include negligence on the part of the Customer) or against any loss which the Supplier may be notified suffer as a result of any such breach as aforesaid. 7.6 The Customer shall comply with the recommendations or requirements of the appropriate authority (including the relevant licensing authorities) in writing relation to the Customer by Comtact from time fire precautions and to time indemnify and in accordance with keep the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep Supplier indemnified Comtact at all times against all liabilities, claims, damages, losses demands and expenses arising from any breach liabilities in respect of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customerunder this Agreement where such claims etc. Comtact or TSP reserve the right to take further action arise as specified in clause 46. 41.4. In respect a result of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplierfault (including negligence) in failing to so comply. 41.5. 7.7 The Customer will comply with current regulations for NGNs which includes but is not limited to shall save harmless, indemnify and keep indemnified the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected Supplier from and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any against all actions, proceedings, costs, consequential expenses, claims and demands and against all loss arising whether directly or otherwiseindirectly out of or in connection with the receipt, incurred storage and dispensing of Stock provided by the Customer Supplier on in preparation for or from the commencement Customer’s premises where same arises by virtue of services until such time that Comtact confirms the activation fault (including negligence) of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactthe Customer.

Appears in 1 contract

Samples: Bulk Fuel Purchase Agreement

Customer Obligations. 41.18.1 Customer shall at its expense maintain all Customer Equipment. The Customer undertakes shall ensure that all equipment used by Customer (excluding Supplier Equipment) is technically and operationally compatible with Supplier Equipment and the Supplier Communication System. Supplier shall not be obligated to connect any Supplier Equipment to any equipment used by Customer which does not comply with these requirements. 8.2 Customer shall use all reasonable efforts not to do and shall advise its customers not to do any of thefollowing: (a) knowingly disclose confidential information, except as required by law; (b) knowingly engage in any activity which, in the Services strictly in accordance with reasonable opinion of Supplier, might restrict, inhibit or deny any customer of Supplier from using or accessing the Contract and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions whole or any part of the Communications Xxx 0000 with Internet; or (c) knowingly facilitate the communication of any other material that constitutes or encourages conduct that might constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither 8.3 Supplier, its officers, directors, employees, affiliates and suppliers (collectively, the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of "Indemnitees") do not assume any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or liability in connection with a criminal offence. 41.3breach by Customer of the foregoing obligations or for acts or omissions of Customer which occasion direct, indirect, incidental or consequential damages to Supplier Communication System or to other third parties and Customer shall indemnify and hold harmless the Indemnitees for any and all such breaches, acts or omissions. The Customer hereby indemnifies agrees to defend, indemnify and shall keep indemnified Comtact against hold the Indemnitees harmless from any and all liabilities, claimscosts and expenses, damagesincluding reasonable attorneys' fees, losses and expenses related to or arising from: (a) any violation of this Agreement by Customer; (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer; (c) negligent acts or omissions of Customer, its officers, employees, agents or contractors in connection with the installation, maintenance, use or removal of any equipment or software not provided by Supplier which is connected to the Services; or (d) claims for infringement of proprietary rights arising from any breach the use by Customer of equipment, hardware or software, apparatus or systems not provided by Supplier in connection with the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46Service. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Internet Business Services Agreement (Ableauctions Com Inc)

Customer Obligations. 41.1(a) All video content delivered through the DISH Services is subject to copyright protection and you are not authorized to copy and distribute for sale, or to retransmit any such content. (b) You may also not charge admission for the viewing of any DISH Services. The Notwithstanding the foregoing, to the extent permitted by law, you may make personal recordings of video content for your personal use only. (c) Other than a standard industry recording device (e.g. a DVR or VCR), you may not install or attach any device to our Equipment that can record and store the video content including, but not limited to, an external computer hard drive. If you have any questions about whether a device is authorized, you are encouraged to call us for clarification. (d) If you, or a tenant or guest at the Property, order pay-per-view programming through the DISH Services, you, or the tenant or guest, as applicable, will be obligated to pay for such programming. We recommend that you utilize an access code for ordering pay-per-view programming to prevent accidental and unauthorized orders. (e) Customer undertakes acknowledges that the names, marks, trademarks and logos of DISH, the DISH Network, DISH Network Corporation and its affiliates, the programmers, the titles of programs contained in the DISH Programming, and any variations incorporating them (collectively, the “Marks”), are the exclusive property of their respective owners, and Customer has no and will acquire no proprietary rights to the Marks by reason of this Agreement. Customer has and will have no rights to use the Services strictly in accordance with Marks except at the Contract times and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes expressly authorized by DISH, through MetroNet. Customer will not publish or disseminate any material that violates this subsection (e) or any restrictions imposed by DISH, the owner of a violation particular Xxxx or infringement a programmer. Customer will keep copies of all original promotional and advertising materials relating to its marketing and distribution of the rights of any other party; o DISH Programming for at least six (6) months after each piece’s first distribution and will promptly make them available to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offenceMetroNet upon request. 41.3. The (f) Customer hereby indemnifies acknowledges and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact agrees that DISH may blackout or TSP reserve the right otherwise modify programs to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed programmers’ agreements or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactgovernmental requirements.

Appears in 1 contract

Samples: Bulk Dish Tv Services Terms and Conditions

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Customer Obligations. 41.1. 8.1 The Customer undertakes shall: 8.1.1 comply with the laws applicable to the Customer’s use of the Services strictly in accordance and with the Contract and such other conditions as may be notified in writing to Acceptable Use Policy; 8.1.2 ensure the Customer by Comtact Customer’s system complies with any minimum specifications that Telent notifies from time to time and necessary to allow Telent to provide the Services in accordance with the relevant provisions this Agreement; 8.1.3 cooperate with Telent for reasonable investigation of the Communications Xxx 0000 with Service outages, security problems, and any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any suspected breach of the Agreement; 8.1.4 supply Telent with such information as Telent reasonably requires to perform its obligations under the Agreement in a timely manner; 8.1.5 keep account permissions, billing, and other account information up to date via Telent’s notified process; 8.1.6 be solely responsible for procuring and maintaining network connections and communications links to Telent’s Hosted System; 8.1.7 obtain and maintain all necessary consents, licences, approvals, and other items required for the Services and/or their connection to relevant networks and comply with any conditions attached to such licences, consents and approvals; 8.1.8 use reasonable security precautions at all times, based on the nature and sensitivity of the Customer Data stored; 8.1.9 notify Telent immediately if the Services require remedial maintenance or are not operating correctly; and 8.1.10 prevent anyone other than Telent’s staff from altering, upgrading, installing new versions or releases of, disconnecting, adjusting, or otherwise interfering with the Services without Telent’s prior written consent. 8.2 Telent shall have no liability in respect of delays in or failure by the Customer to perform any of its obligations under this Agreement. Any delay by the Customer shall extend the timetables for Service delivery, and the Customer shall indemnify Telent for any additional costs or expenses incurred by Telent as a result of such delays or failures. For the avoidance of doubt Telent has no liability for such delays or failures in the performance of this Agreement caused by or attributable to the Customer’s obligations failure to perform. 8.3 Any changes to information provided by the Customer and relied upon by Telent shall constitute a variation and Telent may make an additional charge for the additional costs and time thereby incurred, which shall be charged in clause 41.2 accordance with Telent’s standard time and against any claim which materials rates applicable from time to time. 8.4 Telent is made against Comtact and/or not responsible for unauthorised access to Customer Data or the TSP because unauthorised use of the Services are misused unless due to failure by Telent to meet its obligations explicitly set out in any way by the Customerthis Agreement. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the The Customer is responsible for checking that the use of the Services by any employee, contractor, or other person authorised to use the Services, as well as any person to whom the Customer is has given access to the Services and any person who gains access to the Services due to failure by the Customer to use reasonable security precautions (even if such use was not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged authorised by the Customer’s previous supplier). 41.5. 8.5 The Customer represents and warrants that it will comply with current regulations not use the Services for NGNs which includes but is not limited the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, nor will the Customer provide administrative access to the following: o the Customer will provide the caller pricing information for each number wherever the number Services to any persons (including any natural person, government or private entity or other form of body corporate) that is printed located in or published. o the Customer will notify callers is a national of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential country that is embargoed or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtacthighly restricted under United Kingdom export regulations.

Appears in 1 contract

Samples: Cloud Services Agreement

Customer Obligations. 41.1. 9.1 The Customer undertakes shall provide at no charge to use the Provider the opportunity to install The Provider’s own software to facilitate the provision of Services under this Agreement, and the opportunity to remove it upon termination of this Agreement. Such software shall remain the property of the Provider at all times. 9.2 The Customer will provide the Provider with all necessary co-operation, information, equipment, data and support that may reasonably be required by the Provider for the performance of its obligations hereunder, including access to premises, facilities, systems and personnel at such reasonable times as the Provider requests. 9.3 The Customer shall execute all works and duties that may be detailed in the Statement of Work as being the Customer's responsibility and assume full responsibility for all matters not explicitly assigned to the Provider. 9.4 The Customer shall nominate an appropriate contact person for the Provider who shall supply reasonably requested information and take, or obtain from others, decisions relating to the Services strictly without undue delay. 9.5 The Provider shall be entitled to charge the Customer at its standard daily rates for any additional work required or time wasted as a result of the Customer cancelling an agreed assignment with less than 14 days’ notice or otherwise failing to discharge its responsibilities. 9.6 The Provider shall not be held in breach of this Agreement if it is delayed or otherwise prevented from performing the Services as a result of a failure or breach of this Agreement by the Customer. 9.7 Both parties undertake that any disclosure of personal data shall be in compliance with the provisions of the Data Protection Act 1998 and all other applicable data protection legislation. 9.8 The Customer shall obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, in all cases before provision of the Services commences. 9.9 The Customer warrants that: (i) the information and software it makes available to The Provider is owned by or properly licensed to the Customer; and (ii) The Provider’s use or modification of such information or software in accordance with the Contract and such other conditions as may be notified in writing to Statements of Work does not infringe the Customer by Comtact from time to time and in accordance with the relevant provisions intellectual property rights of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authoritythird party. 41.2. 9.10 The Customer will ensure that neither the Customer nor anyone under their control may use Provider are nominated as the Services:- o as a means Partner of communication Record for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations relevant Microsoft subscriptions whilst this Agreement is in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46effect. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Master Software and Services Agreement

Customer Obligations. 41.15.1 The Customer shall not commence the Customer Works nor carry out any inspection or preparation for the Customer Works or any other acts on the site of the Customer Works prior to (i) the Customer obtaining all required landowner consents and statutory consents as are referred to in clause 3.1; and (ii) SEPD obtaining all necessary servitudes, wayleaves, any other form of consent and/or statutory consents which SEPD may require in connection with the SEPD Works and/or as may be required pursuant to the Offer and confirming the same to the Customer in writing. 5.2 Prior to commencement of the Customer Works and during the period of undertaking the Customer Works, the Customer shall procure that such risk assessments as would be considered suitable or appropriate by a reasonable contractor carrying out works of a type similar to the Customer Works are carried out at appropriate intervals. The Customer shall procure that all findings of such risk assessments are acted upon promptly and any risks are addressed in a manner that would be expected of a reasonable contractor in the circumstances. 5.3 The Customer shall ensure that the Customer Works are carried out in a safe manner and not to the detriment of other users of the land. 5.4 The Customer shall be responsible for and shall ensure the safety of its staff, contractors, other users of the land and the general public during the course of the Customer Works and shall indemnify SEPD for any loss or damage, costs or other liabilities of whatsoever nature SEPD may incur as a result of any accident or incident involving any persons for whom the Customer is responsible pursuant to this clause 5.4. 5.5 The Customer shall ensure that all personnel carrying out the Customer Works have all necessary safety equipment and applicable qualifications to enable them to work in a safe manner. The Customer shall provide all signage, lighting and guarding (if applicable) and all other appropriate measures to ensure the safety of those parties referred to in clause 5.4. 5.6 The Customer shall immediately report to SEPD details of any accident, dangerous incident, fault or damage occurring as a result of or in connection with the Customer Works. 5.7 The Customer shall undertake all Customer Works in accordance with the specification set out in the Schedule and along the agreed wayleave route and subject to any conditions placed upon SEPD by the granter of the servitude, wayleave, any other form of consent and/or statutory consent obtained by or granted to SEPD from the owner and/or occupier of the site of the Customer Works or the relevant statutory body or authority including without limitation restrictions or conditions of access, timescales, work methods or processes or otherwise. 5.8 Following completion of the SEPD Works, the Customer shall be responsible for completion of the final part of the Customer Works, being the reinstatement of the land to the same or no worse a condition as was in place prior to commencement of the Works. In the event that such reinstatement is not possible or the Customer is unable to procure such reinstatement, the Customer agrees and undertakes to provide financial compensation to the landowner or occupier or consenting authority (as appropriate) for any loss or damage, costs or other liabilities of whatsoever nature the landowner or occupier or consenting authority (as appropriate) may incur as a result of such failure and agrees to pay all such compensation amounts on demand directly to the relevant party to be compensated or, if such compensation is paid by SEPD, to indemnify SEPD for any such outlays and pay any such compensation amounts on demand by SEPD, subject to SEPD providing an invoice for the same. 5.9 The Customer shall comply at all times with the Construction (Design and Management) Regulations 2015 and all other appropriate rules and legislation which may be applicable to the Customer Works. The Customer undertakes to use the Services strictly in accordance with the Contract indemnify SEPD at all times from and such other conditions as may be notified in writing to the Customer by Comtact from time to time and in accordance with the relevant provisions of the Communications Xxx 0000 with against any other applicable laws and regulationsdemands, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensiveactions, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claimsproceedings, damages, losses losses, costs and expenses arising from any which are made or brought against or incurred by SEPD as a result of a breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Cable Track Agreement

Customer Obligations. 41.18.1 Customer shall at its expense maintain all Customer Equipment. The Customer undertakes shall ensure that all equipment used by Customer (excluding Supplier Equipment) is technically and operationally compatible with Supplier Equipment and the Supplier Communication System. Supplier shall not be obligated to connect any Supplier Equipment to any equipment used by Customer which does not comply with these requirements. 8.2 Customer shall use the Services strictly in accordance with the Contract all reasonable efforts not to do and such other conditions as may be notified in writing shall advise its customers not to the Customer by Comtact from time to time and in accordance with the relevant provisions do any of the Communications Xxx 0000 with following: (a) knowingly disclose confidential information, except as required by law; (b) knowingly engage in any other activity which, in the reasonable opinion of Supplier, might restrict, inhibit or deny any customer of Supplier from using or accessing the whole or any part of the Internet; or (c) knowingly facilitate the communication of any material that constitutes or encourages conduct that might constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither 8.3 Supplier, its officers, directors, employees, affiliates and suppliers (collectively, the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of "Indemnitees") do not assume any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or liability in connection with a criminal offence. 41.3breach by Customer of the foregoing obligations or for acts or omissions of Customer which occasion direct, indirect, incidental or consequential damages to Supplier Communication System or to other third parties and Customer shall indemnify and hold harmless the Indemnitees for any and all such breaches, acts or omissions. The Customer hereby indemnifies agrees to defend, indemnify and shall keep indemnified Comtact against hold the Indemnitees harmless from any and all liabilities, claimscosts and expenses, damagesincluding reasonable attorneys' fees, losses and expenses related to or arising from: (a) any violation of this Agreement by Customer; (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer; (c) negligent acts or omissions of Customer, its officers, employees, agents or contractors in connection with the installation, maintenance, use or removal of any equipment or software not provided by Supplier which is connected to the Services; or (d) claims for infringement of proprietary rights arising from any breach the use by Customer of equipment, hardware or software, apparatus or systems not provided by Supplier in connection with the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46Service. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Internet Business Services Agreement (Ableauctions Com Inc)

Customer Obligations. 41.111.1. The Customer undertakes shall provide at no charge to use Servent the opportunity to install Servent’s own software to facilitate the provision of Services strictly in accordance with under this Agreement, and the Contract and such other conditions as may be notified in writing opportunity to remove it upon termination of this Agreement. Such software shall remain the Customer by Comtact from time to time and in accordance with the relevant provisions property of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given by the Director General of the office of Telecommunications or other competent authorityServent at all times. 41.211.2. The Customer will ensure provide Servent with all necessary co-operation, information, equipment, data, and support that neither may reasonably be required by Servent for the performance of its obligations hereunder, including access to premises, facilities, systems, and personnel at such reasonable times as Servent requests. 11.3. The Customer shall execute all works and duties that may be detailed in the Statement of Work as being the Customer's responsibility and assume full responsibility for all matters not explicitly assigned to Servent. 11.4. The Customer shall nominate an appropriate contact person for Servent who shall supply reasonably requested information and take, or obtain from others, decisions relating to the Services without undue delay. 11.5. Servent shall be entitled to charge the Customer nor anyone under their control may use the Services:- o at its standard daily rates for any additional work required or time wasted as a means result of communication for a purpose other than that for which the Customer cancelling an agreed assignment at short notice or otherwise failing to discharge its responsibilities. 11.6. Servent shall not be held in breach of this Agreement if it is delayed or otherwise prevented from performing the Services are provided as a result of a failure or breach of this Agreement by the Customer. 11.7. Both parties undertake that any disclosure of personal data shall be in a manner in which constitutes a violation or infringement compliance with the provisions of the rights Data Protection Act 1988 and all other applicable data protection legislation. 11.8. The Customer shall obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, in all cases before provision of any other party; o to make offensivethe Services commences. 11.9. The Customer will indemnify Servent against all costs, indecent, menacing, nuisance or hoax calls or calls claims and liabilities of a defamatory character or fraudulently whatever nature arising out of or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with use or modification by Servent, its Consultants or agents of any other supplier(s) before changing over the line rental information or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred software made available by the Customer in preparation for infringes the commencement intellectual property rights of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactthird party.

Appears in 1 contract

Samples: Services Agreement

Customer Obligations. 41.1. ‌ 4.1 The Customer undertakes undertakes, warrants and represents that: 4.1.1 has full power and authority to enter into this Agreement; 4.1.2 it is the owner of or has procured all necessary licences, certificates, authorities and consents required by Applicable Law in respect of Customer Proprietary Software and other IPR required for NTT DATA to provide the Services, Products and/or Deliverables under this Agreement; 4.1.3 the Customer Proprietary Software and other IPR referred to in clause 9 do not infringe or constitute an infringement or misappropriation of any IPR or other proprietary rights of any third party; 4.1.4 it will use best endeavours not to introduce any computer virus or other contamination, whether knowingly or not, onto any of NTT DATA’s equipment or systems; 4.1.5 any data supplied to enable NTT DATA in order for it to perform the Services strictly and to provide the Products and/or Deliverables, shall be complete and accurate in accordance all material respects and the Customer shall retain a back-up copy; 4.1.6 it shall comply with the Contract and such all Applicable Law, any acceptable use policies and/or any other conditions as may be notified in writing conditions, requirements or instructions to the Customer by Comtact relating to NTT DATA’s performance of the Agreement from time to time during the Term; and 4.1.7 it shall enter into and in accordance comply with the relevant provisions terms and conditions of any Licence Agreement and/or any other third party Software terms and conditions where reasonably required by NTT DATA pursuant to this Agreement. 4.2 During the Term, the Customer shall be solely responsible for and shall provide (or procure the provision of) all Customer Retained Responsibilities. If the Customer fails to provide any of the Communications Xxx 0000 with any other applicable laws and regulationsCustomer Retained Responsibilities (a "Customer Default"), any directions given then, to the extent that NTT DATA is prevented or delayed in performing its obligations under this Agreement by such Customer Default ("Knock-on Default"), NTT DATA shall be relieved of liability for such Knock-on Default for the Director General duration of the office of Telecommunications or other competent authority. 41.2. The Customer will ensure that neither Default and afterwards, for so long as and to the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking extent that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services Default continues to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until have an order confirmation has been received from Comtact.impact upon NTT DATA.‌

Appears in 1 contract

Samples: Master Services Agreement

Customer Obligations. 41.1. 4.1 The Customer undertakes shall: (a) co-operate with Xxxxx Xxxx in all matters relating to use the Services; (b) appoint a manager in respect of the Services strictly to be performed as identified in accordance with the Contract Proposal. That person shall have authority to contractually bind the Customer on all matters relating to the relevant Services (including by signing Change Orders); (c) allow Xxxxx Xxxx, its agents, subcontractors, consultants and such other conditions as may be notified in writing employees access to the Customer premises, office accommodation, data and other facilities as required by Comtact from time Xxxxx Xxxx at no charge; (d) provide to time Xxxxx Xxxx all documents, information, items and materials in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws and regulations, any directions given form (whether owned by the Director General of Customer or a third party) required under the office of Telecommunications Proposal or other competent authority. 41.2. The Customer will ensure that neither the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or otherwise reasonably required by Xxxxx Xxxx in connection with the Services in a criminal offencetimely manner and ensure that they are accurate and complete; (e) inform Xxxxx Xxxx of all health and safety and security requirements that apply at the Customer premises. If the Customer wishes to make a change to those requirements which will materially affect provision of the Services, it can only do so via the change control procedure set out in clause 6; (f) obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable Xxxxx Xxxx to provide the Services; and (g) comply with any additional responsibilities of the Customer as set out in the Proposal. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from 4.2 If Xxxxx Xxxx'x performance of its obligations under a Contract is prevented or delayed by any breach act or omission of the Customer’s , its agents, subcontractors, consultants or employees then, without prejudice to any other right or remedy it may have, Xxxxx Xxxx shall be allowed an extension of time to perform its obligations in clause 41.2 and against any claim which is made against Comtact and/or equal to the TSP because the Services are misused in any way delay caused by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect 4.3 The Customer shall be responsible for; (a) Confirming the job specification provided in the quotation is correct; (b) Accepting the quotation to authorise the work; (c) Any errors or omissions in the specification; (d) Maintaining adequate insurance cover for the loss or destruction of LCR Services the Customer Materials and (e) Any delays and costs resulting from a delay to authorising the work. 4.4 If the Customer is responsible dissatisfied with the quality of the work, they shall notify Xxxxx Xxxx within twenty-eight (28) days of invoice, stating the reasons for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5dissatisfaction. The Customer will comply with current regulations for NGNs which includes but work shall be deemed to be accepted if no notification is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such received within this time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtactperiod.

Appears in 1 contract

Samples: Document Scanning Terms and Conditions

Customer Obligations. 41.1The customer agrees with the Owner, that the customer will:- a) Repay the owner upon demand all costs, charges and expenses incurred by the owner in anyway by reason of, or in connection with, any breech of any of these terms and conditions by the customer, including (but without limitation), all costs and expenses incurred by the owner in the execution of its rights hereunder. b) Keep the equipment in good condition and not subject the same to any misuse or unreasonable wear and tear. c) Permit the owner or its authorized representative at all reasonable times to enter upon premises, vehicle or vessel where the said equipment is then located, to enable it to be inspected, maintained, repaired or tested. d) Keep the equipment in customer possession and under control, and will not allow the said equipment to be transferred to any country prohibited for the time being by the Department of Trade & Industry or the U.S. Department of Commerce. e) Preserve the owners and manufacturers identification numbers and xxxx any nameplates that may be upon the said equipment, when it’s dispatched by the owner. f) Notify the owner immediately of any loss or damage to the said equipment, and reimburse the owner on demand in respect thereof. The Customer undertakes It is the responsibility of the customer to use insure the Services strictly equipment in accordance with paragraph 4 (a) hereof:- i) The owner shall continue to charge the Contract and customer the full rental charge in respect of the equipment, until such other conditions as may payment is received by the owner, and ii) The customer shall be notified in writing liable to the Customer owner for a sum equal to the full cost to the owner of replacing the said equipment with new equipment of the same description or as the case maybe of equipment as near to the same description as maybe obtainable by Comtact from time to time and in accordance with the owner at the relevant provisions time. g) Not sell, assign, rent or transfer the benefit of the Communications Xxx 0000 rental contract in whole or in part, or part with any other applicable laws and regulations, any directions given by the Director General possession of the office of Telecommunications said equipment or other competent authorityany part thereof. 41.2. The Customer will ensure that neither h) Not make any alterations or modifications or adjustments or do or attempt any repairs to the Customer nor anyone under their control may use said equipment without the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement written consent of the rights of any other party; o to make offensive, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offenceowner. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against (I) Pay all liabilities, claims, damages, losses and expenses arising from sums falling due under this agreement on the due date for payment without any breach of the Customer’s obligations in clause 41.2 and against any set off counter claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact withholdings or TSP reserve the right to take further action as specified in clause 46retention’s. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from Comtact.

Appears in 1 contract

Samples: Rental Agreement

Customer Obligations. 41.1. The Customer undertakes agrees to use the Services strictly following acknowledgments, representations, obligations and responsibilities with respect to the Service: 2.1 Customer has authorized the Beneficiary to initiate Drawdown Requests, through the Initiating Institution, against Customer’s Account in accordance with this Agreement; 2.2 Customer shall be responsible for providing all necessary information about the Contract Beneficiary required by Bank including, but not limited to, the Beneficiary name, address and account number information, as provided in this Agreement; 2.3 Customer will provide the Beneficiary with all data necessary for the Initiating Institution to initiate Drawdown Requests and shall make periodic examinations to ensure that such other conditions as payment data is complete, current and accurate; 2.4 Customer acknowledges that any inaccuracy in any information provided by Customer or the Beneficiary hereunder may result in an unintended transfer of funds, and that Bank bears no responsibility and shall not be notified liable to Customer for any information provided by the Beneficiary in writing a Drawdown Request that is inaccurate, incomplete or otherwise incorrect; 2.5 Customer will maintain sufficient funds in the Account to cover all Drawdown Requests initiated by the Customer by Comtact from time to time and Initiating Institution in accordance with the relevant provisions of the Communications Xxx 0000 with any other applicable laws Customer’s authorization, as well as associated Bank fees, if applicable; 2.6 Customer acknowledges that Bank is not obligated to honor, and regulationswill reject, any directions given by Drawdown Request which exceeds the Director General amount of available funds in the office of Telecommunications or other competent authority.Account. Bank also will not honor any Drawdown Request that does not comply with Bank’s validation procedures, except to the extent Bank elects otherwise in its sole and exclusive discretion; and 41.2. The 2.7 Customer has entered into and will maintain, while this Agreement is in effect, a written agreement with the Beneficiary (hereinafter, “Beneficiary Agreement”) authorizing the Beneficiary to initiate Drawdown Requests as reflected in this Agreement, and: 2.7.1 Customer will ensure that neither provide a copy or certification of such Beneficiary Agreement to Bank upon Bank’s request; and 2.7.2 In the Customer nor anyone under their control may use the Services:- o as a means of communication for a purpose other than that for which the Services are provided or in a manner in which constitutes a violation or infringement of the rights event of any other party; o change to make offensivethe Beneficiary or associated drawdown authorization, indecent, menacing, nuisance or hoax calls or calls of a defamatory character or fraudulently or in connection with a criminal offence. 41.3. The Customer hereby indemnifies and shall keep indemnified Comtact against all liabilities, claims, damages, losses and expenses arising from any breach of the Customer’s obligations in clause 41.2 and against any claim which is made against Comtact and/or the TSP because the Services are misused in any way by the Customer. Comtact or TSP reserve the right to take further action as specified in clause 46. 41.4. In respect of LCR Services the Customer is responsible for checking that the Customer is not currently in a contract with any other supplier(s) before changing over the line rental or LCR services to Comtact. Comtact will not be liable for any cancellation charges or other fees charged by the Customer’s previous supplier. 41.5. The Customer will comply with current regulations for NGNs which includes but is not limited to the following: o the Customer will provide the caller pricing information for each number wherever the number is printed or published. o the Customer will notify callers terms of undue delays between a call being connected and the caller accessing the service o where required the Customer will obtain prior permission for premium rate numbers 41.6. Comtact cannot be held responsible for any costs, consequential or otherwise, incurred by the Customer in preparation for the commencement of services until such time that Comtact confirms the activation of NGN number(s). The Customer should not undertake any marketing activities or publication of numbers until an order confirmation has been received from ComtactSection 9.4.

Appears in 1 contract

Samples: 1031 Drawdown / Reverse Wire Transfer Service Agreement

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