EXCLUSIONS TO THE SERVICE Sample Clauses

EXCLUSIONS TO THE SERVICE. 6.1. The SimplicITy Managed IT Services do not include the provision of assistance in respect of any error or malfunction or other problem in any Supported Item resulting from: 6.1.1. or attributable to hardware or software other than the Supported Items or interaction of the Supported Items with incompatible hardware or software; 6.1.2. or attributable to third party services, communications devices or communications networks; 6.1.3. any change or modification made to any Supported Item by any person other than Us, the Hardware Supplier or Software Supplier or their recommended supplier, without Our prior written approval; 6.1.4. use of a Supported Item other than in accordance with the Documentation. 6.1.5. Your wilful damage, neglect, incorrect use or wear and tear of any Supported Item, theft, damage caused by theft or attempted theft or operator error; 6.1.6. any reason external to the Supported Item such as, but not limited to, the failure or fluctuation of electric power, air conditioning or humidity control; 6.1.7. use of defective or inappropriate consumables or equipment or Supported Items that are inappropriate for Your purpose; 6.1.8. any accident or disaster affecting the Supported Item, such as, but not limited to, fire, flood, lightning or vandalism; or 6.1.9. You moving or relocating the Supported Hardware; 6.1.10. virus or malware infection 6.1.11. Your failure to provide an adequate and appropriate machine configuration, operating software and system software products; 6.1.12. Your failure to provide adequate and appropriate installation and audit controls and for implementing sufficient procedures and checkpoints to satisfy Your own requirements in relation to security and accuracy of input and output of data, including restart and recovery in the event of a computer malfunction; 6.1.13. lack of security of Your computer systems and networks and the use of appropriate products and precautions to ensure such security; 6.1.14. Your failure to provide an appropriate internet connection to the Supported Items or other equipment at the Location to allow remote support to be provided; 6.1.15. Your failure to provide suitably trained user personnel to run any computer upon which the Supported Items are being used; 6.1.16. third party interference with Your network; 6.1.17. the deterioration of the Supported Items during any period when the SimplicITy Managed IT Services are suspended or terminated pursuant to this Agreement; and 6.1.18. Your fa...
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EXCLUSIONS TO THE SERVICE. Level Guarantee 7.1 Service Disruption may include, but not exclusively the following: (a) a Force Majeure event; (b) a suspension of the Service in accordance with the Contract; (c) a fault on the Customer network or own equipment configuration which is not due to the Default or negligence of Accelerator or its subcontractors; (d) a fault that is a result of the Customer not complying with Accelerator’s security policies (e) a fault that is a result of terrorism or act of war (f) Accelerator waiting for information from the Customer which is necessary in order to perform the Services in accordance with the Service Levels; (g) Scheduled or Emergency Maintenance as required in accordance with this Agreement; (h) faults or omissions of the customer’s connectivity; (i) faults or omissions in equipment, wiring, cabling, software or other Services which are not maintained by Accelerator or its subcontractors; (j) faults proven to be caused by a virus introduced negligently or otherwise by the Customer onto its equipment due to any or all of the following; (i) any Customer employee failing to abide by the Customer virus protection policy; or (ii) Customer’s failure to introduce virus scanning in accordance with Accelerator’s reasonable recommendation, and where such Virus scanning is not unduly expensive or cannot be easily implemented into Customers IT environment; and (k) any material breach of this Agreement by Customer which impacts on the availability of the Service. 7.2 For Support for non-hosted solutions products, due to the nature that there are thousands of bespoke and legacy applications within the market place written all the time our Service Desk cannot be aware of every single product currently out there. We will always be proactive and troubleshoot and fix these solutions as soon possible, but we cannot provide a guaranteed fix time in an SLA. This is because legacy software and hardware may not be easily obtainable from suppliers, incumbent IT Support companies or as a manufacturer may have gone into administration; or not be available to provide technical Support. 7.3 For telephony, remote dial-in and onsite Support of non-hosted solutions that are not supplied by Accelerator, our Support can only be on a best endeavours basis.
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EXCLUSIONS TO THE SERVICE. 7.1. The Services provided for the Charges in clause 3 shall exclude any service or supply: 7.1.1. related to equipment not supplied by CBI; 7.1.2. resulting from the Equipment being connected to or supported by or run with any software or equipment not supplied or approved by CBI; 7.1.3. resulting from the relocation, modification or alteration of the Equipment or the addition or removal of accessories, attachments or other devices, effected without CBI’s prior written consent; 7.1.4. resulting from failure to adhere to instructions and warnings in the user manual, malicious damage, neglect, accident, transportation, misuse or use other than that for which the Equipment is designed; 7.1.5. resulting from Force Majeure (defined on Website), hardware failures resulting from water ingress, surges in or failure of the electricity supply, air conditioning or humidity control or mechanical damage; 7.1.6. relating to cables external to the Equipment; 7.1.7. required to protect the Equipment against interference caused by radio waves, induction or any other source; 7.1.8. due to any requirement of a Third Party; 7.1.9. relating to the Service if the incident is due to the failure of anything not listed in Service Schedule at Signature Date or added to the Service Schedule thereafter; 7.1.10. of Equipment installed in an unsuitable place as instructed by the Customer; 7.1.11. relating to attempts to service or refurbish the Equipment.
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EXCLUSIONS TO THE SERVICE. LEVEL GUARANTEE
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EXCLUSIONS TO THE SERVICE. LEVEL GUARANTEE 6.1 Service Disruption may include, but not exclusively the following: 6.1.1 a Force Majeure event; 6.1.2 a suspension of the Services as agreed in writing between both parties. 6.1.3 a fault on the Customer network or own equipment configuration which is not due to the default or negligence of Cobweb or its subcontractors; 6.1.4 a fault that is a result of the Customer not complying with Cobweb’s security policies 6.1.5 a fault that is a result of terrorism or act of war 6.1.6 Cobweb waiting for information from the Customer which is necessary in order to perform the Services in accordance with the service levels;
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EXCLUSIONS TO THE SERVICE. 3.1. Compensation and redundancy 3.2. Optional services available at a fee to be agreed, such as IDRP Stage 1 determinations.
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Related to EXCLUSIONS TO THE SERVICE

  • Changes to the Services We provide Services in a multi- user environment and must therefore reserve the right to modify and discontinue Services. We may modify a Service at any time without degrading its functionality or security features For current subscriptions, we may degrade the functionality of a Service or discontinue a Service only in case of (i) legal requirements; (ii) changes in the Services imposed by Siemens’ subcontractors; (iii) the termination of our relationship with a provider of software and/or services used by us which are material for the provision of such Service; (iv) lack of customer acceptance; and/or (v) security risks. We will notify you of any material degradation of functionality or the discontinuation of a Service and the effective date at least 80 days prior to such change, and you may terminate the modified Service 30 days prior to the change effective date. In the event of such termination or discontinuation of a Service, we will refund any prepaid amounts for the applicable Service on a pro-rata basis for the remaining Subscription Term. We do not maintain prior versions of a Service.

  • Access to the Services ID’s for access to Vendor Core Research and Analyst Inquiry may not be shared. Access to the Services is restricted to the number of named individuals (each a “Licensed User”) as identified in the Customer Purchase Order.

  • Modifications to service This Auction Site reserves the right to modify or discontinue the Service with or without notice to user. This Auction Site shall not be liable to users or any third party should this Auction Site exercise its right to modify or discontinue the Service.

  • Description of Administration Services on a Continuous Basis (a) PNC will perform the following administration services with respect to each Portfolio: (i) Prepare quarterly broker security transactions summaries; (ii) Prepare monthly security transaction listings; (iii) Supply, in the form requested, various customary Portfolio and Fund statistical data on an ongoing basis; (iv) Prepare and ensure the filing of the Funds’ annual and semi-annual reports with the SEC on Forms N-SAR and N-CSR and the Fund’s quarterly reports with the SEC on Form N-Q; (v) If mutually agreed by PNC and VP Distributors in writing, prepare (or assist in the preparation of) and ensure the filing of (or coordinate filing of, as may be mutually agreed) such other reports with the SEC as may be required by the SEC and that would be primarily fulfilled using books and records maintained by PNC under the terms of this Agreement; (vi) Assist in the preparation of registration statements and other filings relating to the registration of Shares; (vii) Monitor each Portfolio’s status as a regulated investment company under Sub-chapter M of the Internal Revenue Code of 1986, as amended (“Sub-Chapter M”); (viii) Coordinate contractual relationships and communications between the Funds and their contractual service providers; (ix) Prepare expense budgets, accrual review and expense reports as needed; (x) Provide read-only on-line access to accounting system as requested; (xi) Provide electronic transmissions of holdings, transactions, security master, general ledger, NAV, security pricing data, and cash activity as specified; (xii) Coordinate printing and mailing of annual and semi-annual financial statements; (xiii) Prepare reports for Fund Boards and attend Board meetings when and as requested; (xiv) Prepare, execute, and file each Portfolio’s Federal and state tax returns, including closed funds, and appropriate extensions after review and approval by the Fund’s independent registered public accounting firm; (xv) Prepare, execute, and file each Portfolio’s federal excise returns (Form 8613) after review and approval by the Fund’s independent registered public accounting firm; (xvi) Prepare annual tax provisions and financial tax disclosures; (xvii) Prepare tax cost for semi-annual and Form N-Q filings updated for current year-to-date wash sales and prior year known Schedule M adjustments; (xviii) Prepare dividend calculations, including accompanying analysis and earnings summary in accordance with applicable policy (as such policy is provided in writing by VP Distributors to PNC), and maintain dividend history; (xix) Prepare required disclosures for shareholder reporting, including Form 1099-DIV reporting and supporting materials such as QDI, DRD, income from U.S. Obligations, income from State obligations, income from AMT obligations, tax-exempt income, and Florida intangibles; (xx) Monitor and propose procedures as needed for tax considerations in the following areas: corporate actions, consent income, bad debt/restructurings, new instruments, premium amortization, and legislation and industry developments on an ad hoc basis; and (xxi) Prepare and deliver, to the extent available to PNC, survey information when and in the form requested.

  • Service Limitations The FCC requires that Provider provide E911 Service to all Customers who use Provider Services within the United States. Sections 13.2-13.8 apply to all Customers who use Provider Services within the United States. Section 13.9 applies to all Customers.

  • Suspension of the Services The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in our Critical Incident Policy or in the circumstances set out in clause 19. If the Services are suspended for a period of more than one month, either of us may terminate the contract by giving the other one month’s written notice.

  • Unavailability of Tenor of Benchmark Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (i) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (A) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (B) the regulatory supervisor for the administrator of such Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (ii) if a tenor that was removed pursuant to clause (i) above either (A) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (B) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for all Benchmark settings at or after such time to reinstate such previously removed tenor.

  • Special Provisions for Affected Systems For the re-payment of amounts advanced to Affected System Operator for System Upgrade Facilities or System Deliverability Upgrades, the Developer and Affected System Operator shall enter into an agreement that provides for such re-payment, but only if responsibility for the cost of such System Upgrade Facilities or System Deliverability Upgrades is not to be allocated in accordance with Attachment S to the ISO OATT. The agreement shall specify the terms governing payments to be made by the Developer to the Affected System Operator as well as the re-payment by the Affected System Operator.

  • Provision of the Service Okta provides the Service to Customer under the Agreement. In connection with the Service, the parties anticipate that Okta may Process Customer Data that contains Personal Data relating to Data Subjects.

  • Description of the service 10.1.1 Automatic transfer service implies a transfer by the bank of the funds from the client’s account without further consent of the client, on the basis of fixed amount determined by the client in its application form or of information provided by the client’s creditor to the bank on the client’s debt. 10.1.2 The parties agree that the payment order created (generated) by the bank for the purposes of automatic transfer services shall have the legal force equal to the document having been printed on the paper and executed by the person(s) authorized to manage of the account. 10.1.3 The bank shall carry out the automatic transfer services in accordance with requirements and conditions stipulated in this agreement, the application on registration for automatic transfer service and the sources disseminated by the bank. 10.1.4 For the purposes of obtaining automatic transfer services the client shall apply to the bank with the application as per paragraph 1.2 of this agreement.

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