Common use of EXCLUDED MATERIAL Clause in Contracts

EXCLUDED MATERIAL. 3.1. The HSP Services shall not include the following activities (which, upon the Parties’ written agreement, Keyloop may perform at Keyloop’s prevailing rate): (a) correction of any defects or errors resulting from any modifications to the system and/or Client’s system made by any person other than Keyloop; (b) activities due to Client’s failure to meet its obligations, or any omissions or unauthorised acts of Client, or any fault in any third party software / database; (c) provision of back-up copies of data; or (d) activities related to any infrastructure and system (physical or virtual) security audit that is requested by Client and performed by Client and/or a third party appointed by Client. 3.2. In providing the HSP Services, Keyloop will allocate such amount of system resources as is appropriate in Keyloop’s reasonable opinion for systems of the size and nature of that provided to Client. In the event that Client’s usage of the system places excessive demands on system resources compared to those typically experienced by Keyloop for similar clients, Keyloop may apply additional charges in relation to the provision of excess capacity.

EXCLUDED MATERIAL. 3.1. The HSP Services shall not include the following activities (which, upon the Parties’ written agreement, Keyloop may perform at Keyloop’s prevailing rate): (a) correction of any defects or errors resulting from any modifications to the system and/or Client’s Client system made by any person other than Keyloop; (b) activities due to Client’s failure to meet its obligations, or any omissions or unauthorised acts of Client, or any fault in any third party software / database; (c) provision of back-up copies of data; or (d) activities related to any infrastructure and system (physical or virtual) security audit that is requested by Client and performed by Client and/or a third party appointed by Client. 3.2. In providing the HSP Services, Keyloop will allocate such amount of system resources as is appropriate in Keyloop’s reasonable opinion for systems of the size and nature of that provided to Client. In the event that Client’s usage of the system places excessive demands on system resources compared to those typically experienced by Keyloop for similar clients, for example because Client is generating an unusually large volume of reports or extracting large volumes of data, Keyloop may apply additional charges in relation to the provision of excess capacity.