EXCLUSIONS TO THE SERVICE Sample Clauses

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.
Sample 1Sample 2
AutoNDA by SimpleDocs
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...
Sample 1Sample 2
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.
Sample 1
EXCLUSIONS TO THE SERVICE. LEVEL GUARANTEE
Sample 1
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.
Sample 1
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;
Sample 1

Related to EXCLUSIONS TO THE SERVICE

  • Access to the Service Subject to the rights and limitations set out in this Agreement and your payment of all Subscription Fees when due, we grant you a limited, non- exclusive, non-sublicensable, non-transferable (except as expressly permitted herein) right to permit Users to access and use the Service during the Subscription Term: (i) solely for your internal business purposes; and (ii) for the scope of use set out in your Order and/or the Documentation. You shall not permit any unauthorized access to or use of the Service and shall notify us immediately in the event that you become aware of any unauthorized access or use.

  • 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.

  • Exclusions and Reservations A. Nothing in this Article will be construed as authorizing the Airline to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

  • 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.

  • 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.

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from: A) war, insurrection, rebellion, or service in the armed forces of any country; B) voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of her regular occupation; C) intentionally self-inflicted injuries or illness.

  • 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), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (1) 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 (2) 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 (B) if a tenor that was removed pursuant to clause (A) above either (1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (2) 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.

  • Exclusions from General Release Excluded from the Release are any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation. Executive is, however, waiving the right to recover any money in connection with a charge or investigation. Executive is also waiving the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!