CUSTOMER UNDERTAKINGS. Customer shall be solely responsible for:
7.1 Use and supervision of the Equipment.
7.2 All physical and material damages caused by the Equipment to his personnel or third parties resulting from misuse from or unauthorized modifications to the Equipment.
7.3 All damages beyond normal and reasonable wear or the physical loss of the Equipment.
CUSTOMER UNDERTAKINGS. 4.1 You undertake to promptly provide us with any and all information that we may reasonably require from you from time to time so that we can perform Scale Activities and comply with our obligations under Applicable Law as they relate to the Scale Activities (including, without limitation, customer due diligence information). We may (insofar as is permitted by Applicable Law) cease to provide Scale Activities immediately if you fail to provide us with the information that we request from you under this Clause.
4.2 You must immediately inform us of any material breach by you of or inability to comply with Applicable Law, these Scale Terms or the Client Agreement.
CUSTOMER UNDERTAKINGS. The Customer represents warrants and agrees that it will not use, nor authorize, assist or permit any User or third party to use, the Service:
(i) in violation of any applicable laws or with all policies and instructions communicated by Sify.
(ii) for any unlawful, fraudulent or immoral purpose, including, without limitation, the transmission of any Content in violation of applicable laws
(iii) to tamper with, alter or change the Service or the Sify’s Facilities, or otherwise abuse the Service in any manner that interferes with Sify’s Facilities or the use of Service by any other person.
CUSTOMER UNDERTAKINGS. 3.1 ID and Password. Customer must select an ID and password to enable Customer to access Customer’s payment gateway account and use the Transaction Services. Customer will restrict access to such ID, password, and account to Customer’s employees and agents as may be reasonably necessary consistent with the purposes of this Agreement and will ensure that each such employee and agent accessing and using the account is aware of and otherwise complies with all applicable provisions of this Agreement regarding such use and access. Customer is solely responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes for purposes of giving Customer access to the Transaction Services. CyberSource shall be entitled to rely on information it receives from Customer and may assume that all such information was transmitted by or on behalf of Customer. Customer shall comply with all CyberSource recommendations and notices regarding the security of Customer’s ID, password and payment gateway account(s).
CUSTOMER UNDERTAKINGS. 4.1 You undertake to promptly provide us with any and all information that we may reasonably require from you from time to time so that we can perform Scale Activities and comply with our obligations under Applicable Law as they relate to the Scale Activities (including, without limitation, customer due diligence information). For the avoidance of doubt, you agree and acknowledge that we may cease to provide Scale Activities immediately if you fail to provide us with the information that we request from you under these Scale Terms.
4.2 The Platform Provider may refer you to us so that you can apply to use the Platform Services. The Platform Provider may do so by providing you with a link to our website. The Platform Provider may also provide you with a code or unique identifier. You agree to follow any instructions of the Platform Provider in relation to the use of any link, code or unique identifier provided to you by the Platform Provider and if you do not do so, we may not be able to perform the Scale Activities.
4.3 You undertake to immediately inform us of any material breach by you of or inability to comply with Applicable Law, these Scale Terms or Payment and FX Terms.
CUSTOMER UNDERTAKINGS. The Customer assumes all rights and liabilities for results obtained by its use, access and/or implementation of the Software, whether such results are used singly or in combination with other hardware, software or products. Customer shall ensure that its users are, at all times, educated and properly trained in the proper use, access and operation of the Software and that the Software are used in accordance with any and all applicable manuals, documentation and instructions. For Software licensed under a Customer Server License or a Subscription License, the Customer will be responsible for: (i) acquiring and using all hardware necessary to install and operate the Software, (ii) preparing and following all Customer’s operating procedures, audit controls, restart and recovery routines and other procedures necessary for the Customer’s intended use of the Software; (iii) the accuracy and security of input or output data, (iv) maintaining applicable back-up processes and procedures and for backing up Electronic Data in order to replace critical Electronic Data in the event of loss or damage to such Electronic Data regardless of the cause of such loss or damage;
CUSTOMER UNDERTAKINGS. The Customer undertakes:
(a) To satisfy itself that the Software meets the needs of its organisation. It is the sole responsibility of the Customer to determine that the Software is ready for operational use in the Customer’s organisation before it is so used;
(b) To allow the Supplier to study its proprietary data used with the Software for the purpose of rectifying any problems with the Software;
(c) To ensure that any other software with which the Software will be used is either the property of the Customer or is legally licensed to the Customer for use with the Software. The Customer will indemnify the Supplier in respect of any claims by third parties and all related costs, expenses or damages in the event of any alleged violation of third party proprietary rights that results in any claims against the Supplier.
CUSTOMER UNDERTAKINGS. 5.1. It is a condition of the Agreement, and the Customer represents, warrants and undertakes, that:-
5.1.1 It is either, the owner of the Stock or is authorised by the owner to accept these Conditions on the owner’s behalf.
5.1.2 The Goods shall be presented to the Company (and/or anyone else dealing with them) securely and properly packed in compliance with any applicable statutory regulations, recognised standards and Clause 4.3; and that they and any Stock Transport Unit are and will remain in a condition to be safely handled, stored and/or carried and so as not to cause injury, damage, contamination or deterioration (or the possibility of them) to any person, premises, property, the environment, drains or watercourses, equipment or to any other items in any way. Where the Company is performing an operation or process on the Stock, they will be delivered to the Company in a condition where that operation or process can be done without further work (other than unpacking) or without a Works Order to carry out the further work by the Company.
5.1.3 Before the Company assumes any responsibility for or by reference to the Stock, the Customer will inform the Company in writing of any relevant matters; including any special precautions necessitated by the nature, size or shape, weight, condition or potential for deterioration of the Stock and any statutory or other requirements relevant to the Stock with which the Company or others may need to comply; and will promptly after invoicing pay the Company’s reasonable extra charges for complying.
5.1.4 Within seven (7) days after invoicing indemnify the Company against all duties, taxes and expenses that the Company has paid or may be required to pay in respect of the Stock; including where the liability to pay them is triggered by the fault, act or omission of the Company or its employees or sub-contractors.
CUSTOMER UNDERTAKINGS. 4.1 You undertake to promptly provide us with any and all information that we may reasonably require from you from time to time so that we can perform Scale Activities and comply with our obligations under Applicable Law as they relate to the Scale Activities (including, without limitation, customer due diligence information). For the avoidance of doubt, you agree and acknowledge that we may cease to provide Scale Activities immediately if you fail to provide us with the information that we request from you under this Clause.
4.2 You undertake to immediately inform us of any material breach by you of or inability to comply with Applicable Law, these Scale Terms or Payment and FX Terms.
CUSTOMER UNDERTAKINGS. 5.1. In addition to the Customer obligations set out in this Agreement, the Customer further undertakes that it and its Users shall:
5.1.1. conduct its operations and use the Services in a manner that does not interrupt, impair or interfere with the operations of the Relish Network or any use thereof by Relish or a Relish customer;
5.1.2. comply at all times with the specified operating, safety and security requirements and procedures of Relish as may be notified to it from time to time;
5.1.3. inform Relish of any relevant changes in its organisation or methods of doing business that might affect the performance of its obligations under this Agreement;
5.1.4. adhere to any Relish acceptable use policy, which provides more detail about the rules for use of the Service in order to combat fraud, excessive use and where Additional Service are provided, Relish may introduce/require certain rules to ensure that they can be enjoyed by Customers. If Relish publish and/or amend such a policy we will let Customers know.
5.1.5. only be entitled to resell Services or any Equipment purchased from Relish under clause 2.5 in the ordinary course of the Customer’s business (i) with the prior agreement of additional terms between Relish and the Customer and, (ii) when reselling Services over the Equipment, the Customer shall account to Relish for the proceeds of any such sale.
5.1.6. not: (i) engage in activities that are illegal, fraudulent or wrongful or which may be harmful to Relish or other customers of Relish in any way (ii) send any indecent, offensive, obscene or otherwise unlawful content or other material; (iii) undertake or threaten to undertake any conduct which Relish believes, acting reasonably, is capable of either defaming Relish or any third party, and/or bringing the same into disrepute; (iv) violate any applicable law, rule or regulation; (v) infringe, transmit or publish content that infringes, the rights of others, including without limitation, any Intellectual Property Rights of third parties; (vi) use the Services in a fraudulent manner (including using or attempting to use a Service with the intent of avoiding payment by any means or device); (vii) act in a manner which is likely to result in Relish having any liability to a third party; (viii) ensure that any Customer Equipment (a) is technically compatible with the Service and will not harm or otherwise interfere with the Relish Network or any other Relish customers, (b) is connected using the app...
