Use of the Card 4.1. The Cardholder shall use the Card and operate the Account in a satisfactory manner. The decision as to whether the Card is being so used or the Account is being so operated rests with the Bank and shall be conclusive and binding on the Account Holder/s and on the Cardholder.
4.2. The Bank will bear no responsibility for the refusal of any merchant or establishment to accept the Card for any reason whatsoever.
4.3. Cash withdrawals that are recorded by the ATM, and payments effected by the Cardholder with his Card, shall be debited to his Bank Account.
4.4. Before using his Card, the Cardholder shall ensure that there are sufficient funds on his Account to cover the payment of the Card transactions. Furthermore, the Cardholder will not operate the Account in such a way to exceed the available balance of the Account.
4.5. The fraudulent, incorrect or illegal use of the Card by any person whomsoever shall not relieve the Cardholder of his liabilities to the Bank in respect thereof.
4.6. The Bank shall not be responsible to the Cardholder for any goods or services supplied to the Cardholder by merchants, or to any person to whom the said goods and services have been supplied. Disputes arising from the supply of such goods and services shall be settled directly with the merchants without the Bank being constituted party thereto. The Cardholder shall consequently not be relieved of his obligations to the Bank under the relevant Card transactions.
4.7. The Cardholder shall ensure the correctness of the amounts borne on, and contained in, the envelopes referred to in clause 1.3 of Part III above. The contents of the envelopes shall be checked and certified by two officers of the Bank. The amounts so certified shall be credited to the Account whose number is borne on the envelopes and shall be final and conclusive and not liable to be called in question by the Cardholder or the Account Holder.
4.8. Transactions for POS and ATM withdrawals are subject to the respective daily limits as determined by the Bank from time to time.
Fees for Services The compensation of the Subadviser for its services under this Agreement shall be calculated and paid by the Adviser in accordance with the attached Schedule C. Pursuant to the Investment Advisory Agreement between the Fund and the Adviser, the Adviser is solely responsible for the payment of fees to the Subadviser.
Fitness for Duty When question exists related to appropriate leave administration or work safety to individuals, co-workers or others, the EMPLOYER may require employees to undergo a medical evaluation that will enable the EMPLOYER to determine the employee’s fitness for performance of his/her duties. When the EMPLOYER requires an evaluation or report from a medical authority, either the employee’s personal or treating authority or the medical authority of the EMPLOYER’s selection, the EMPLOYER shall:
A. Pay the fee charged for such evaluation or report if such is not covered through the health insurance program made available to employees by the EMPLOYER, and
B. Compensate the employee at his/her BASE PAY RATE for regularly scheduled work time the employee was unable to work due to obtaining the evaluation if the evaluation result is that the employee is found fully fit to perform his/her work duties and responsibilities.
Support Services Rehabilitation, counselling and EAP’s. Support is strictly non- punitive, and can be accessed at anytime (self-identification of the need for help is strongly encouraged).
Use of the Services 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order.
1.2 The Service Specifications describe and govern the Services. During the Services Period, we may update the Services and Service Specifications (with the exception of the Data Processing Agreement as described below) to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content (as defined below). Oracle updates to the Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Services during the Services Period of Your order.
1.3 You may not, and may not cause or permit others to: (a) use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Services; (c) perform or disclose any performance or vulnerability testing of the Services without Oracle’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Services; or (d) use the Services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to other rights that we have in this Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.
Use of the Service 12.1 When using the Service you must comply with:
(a) our CRA, including clause 4 of the General Terms, and this clause 12; and
(b) any rules, including any acceptable use conditions, imposed by any third party whose content or services you access using the Service or whose Network on which your data transmits.
12.2 Any use of the Service at the Premises is your responsibility. The terms of our CRA apply to you and also to anyone else who uses the Service (regardless of whether you give them permission to do so or not).
12.3 You must ensure that any software you use in relation to the Service is properly licensed.
12.4 The use of a Local Area Network (LAN) for personal use is permitted, however the set-up and configuration of a LAN connected to the modem is not supported by customer service.
12.5 All IP addresses provided by us for your use remain our property. Most Services include a dynamic IP address. A new IP address is usually allocated whenever the computer and modem are rebooted. The IP address remains until the next time the computer and modem are switched off. Where provided, you may configure your computer or modem to connect using a static IP address.
12.6 We may at any time adjust aspects of the Service for security or Network management reasons, including, without limitation:
(a) deleting transitory data that has been stored on our servers for longer than 90 days;
(b) deleting stored email messages that are older than 90 days;
(c) rejecting any incoming email messages and attachments that exceed 30 Megabytes (including encapsulation);
(d) delivering access and content via proxy servers;
(e) limiting the number of addresses to whom an outgoing email can be sent;
(f) refusing to accept incoming email messages to mailboxes that have exceeded the email storage limit;
(g) managing the Network to prioritise certain types of Internet traffic over others; and
(h) blocking or filtering specific Internet ports.
12.7 You are responsible for providing any security or privacy measures for your computer networks and any data stored on those networks or accessed through the Service. We will not be liable to you in respect of any loss, damage, costs or expenses incurred by you in connection with your failure to provide that security.
12.8 You may request additional users on the Service in accordance with the Pricing Schedule.
12.9 You must take reasonable steps to ensure that others do not gain unauthorised access to the Service through your account. We recommend that you do not disclose your password to others and that you change your password regularly.
12.10 We may monitor use of the Service to investigate a breach (or suspected breach) of the Fair Use Policy or upon the request of an authorised authority.
12.11 Where you provide your own wireless computer connection device, you are responsible for any loss caused by an unauthorised interception of the Service.
Maintenance and Support Services If this Agreement is for IT goods or services, this section applies: Unless otherwise specified in this Agreement: The Contractor shall promptly provide the Court with all Upgrades, including without limitation: (i) all Upgrades generally made available by Contractor to its other customers; (ii) Upgrades as necessary so that the Work complies with the Specifications and Applicable Law (including changes in Applicable Law); (iii) Upgrades as necessary so that the Work operates under new versions or releases of the Court’s operating system or database platform; and (iv) all on-site services necessary for installation of Upgrades. Without limiting any other obligation of Contractor under this Agreement, Contractor represents and warrants that it will maintain services, equipment, software or any other part of the Work so that they operate in accordance with their Specifications and Documentation; and The Contractor shall respond to the Court within four (4) hours after the Court reports a Technical Support Incident (such hours all occurring during Standard M&S Hours) to Contractor. DELIVERY, ACCEPTANCE, AND PAYMENT Delivery. Contractor shall deliver to the Court the Deliverables in accordance with this Agreement, including the Statement of Work. Unless otherwise specified by this Agreement, Contractor will deliver all goods purchased by the Court “Free on Board Destination Freight Prepaid” to the Court at the address and location specified by the Court. Title to all goods purchased by the Court vests in the Court upon payment of the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the Court at the proper location. All shipments by Contractor or its Subcontractors must include packing sheets identifying: this Agreement number, the Court’s purchase order number, item number, quantity and unit of measure, part number and description of the goods shipped, and appropriate evidence of inspection, if required. Goods for different Agreements shall be listed on separate packing sheets.
The Card (a) The Card shall be used by the Cardholder and any additional Card shall be used by the Authorized Cardholder exclusively and always within the limits of the balance available in the Card Account and/or the credit limit approved by the Bank and notified to the Cardholder and/or the holder of the Card Account from time to time in a manner the Bank deems appropriate, subject to the provisions of paragraph 15. It is understood that the initial limit will be notified to the Cardholder upon delivery of the Card. In case the Cardholder wishes to have a lower limit or a higher limit he should notify the Bank accordingly.
(b) The Cardholder and, where applicable, the Authorized Cardholder is not entitled to use the Card or the additional Card, respectively, in excess of the limit which is mentioned above. If, however, for any reason the Cardholder and/or the Authorized Cardholder exceeds such limits, the Cardholder and/or the holder of the Card Account and/or the Authorized Cardholder undertakes to settle the unauthorized overdraft plus interest and/or any other charges, immediately upon the Bank's request, subject to the provisions of any applicable law and in accordance with the operating terms of the abovementioned Card Account and the Cards Terms and Conditions.
(c) The Card is the property of the Bank. The Cardholder must return his Card and any additional Card to the Bank on demand. The Bank may from time to time issue new Cards of a type different to the one the Cardholder applied for, in parallel and/or to replace the existing ones. The signature of the application form and of this Agreement for the issuance of a Card shall be deemed as an application of the Cardholder for the issuance of any new Cards to the Cardholder and the Authorized Cardholder, where applicable, as explained above. If the type of Card changes, the number of the Card and, where applicable, the number of the Card Account may also change. If the Cardholder and/or the holder of the Card Account does not agree with such change, the Agreement may be terminated according to paragraph 11 below, without any charge.
(d) The Cardholder and/or the Authorized Cardholder should use the Card and/or the additional Card, respectively, only during the validity period shown on it.
(e) Unless otherwise provided in these Cards Terms and Conditions, the Cardholder and/or the holder of the Card Account are liable to the Bank for all Transactions that incur from the use of the Card and irrevocably authorize the Bank to settle all Transactions by debiting the Card Account. Where applicable, and in accordance to any applicable law, the Authorized Cardholder may also be liable for his acts and omissions.
(f) In the context of offering a better quality of service to the Bank’s customers, the Contactless Payments service is provided, in order to render Transactions faster and easier. During the use of this service, the Card does not come into direct contact with the terminal. For Transactions below a certain amount, which remains in restricted levels for security purposes, there is no need to enter a PIN or signature.
(g) The Card must not be used to obtain goods, tickets or services for resale in the course of a business or return for cash.
(h) When using the Card, the Cardholder and the Authorized Cardholder must comply with all applicable laws.
(i) The Card must not be used for illegal purposes.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
Data Services In lieu of any other rates or discounts, the Customer will receive a discount equal to 20% for the following Data Services: Access: Standard VBS3Guide local loop charges for DS-0, DS-1 and DS-3 Access Service.
