Hosting Services, Maintenance and Support. 3.1 Subject to clauses 3.7, 3.9 and 3.10 the Supplier shall perform the Hosting Services and Maintenance and Support services. The Service Level Agreement shall apply with effect from the start of the month after the Configuration Services have been satisfactorily completed pursuant to clause 2.
3.2 In relation to Authorised Users:
(a) the Customer's access to the Hosting Services shall be limited to the agreed number of Authorised Users able to access the Software at any time (as detailed in Schedule 1);
(b) the number of individual Authorised Users shall be jointly agreed between the Supplier and the Customer and will be subject to a quarterly review;
(c) the Supplier will monitor the number of Authorised Users on an annual basis and shall notify the Customer should the number of Authorised Users at any time exceed the limit agreed between the parties (such notification shall also set out any additional Fees payable by Customer under this agreement resulting from such additional Authorised Users);
(d) the Customer shall maintain a written list of current Authorised Users of the Software; and shall provide such list to the Supplier as may be reasonably requested by the Supplier from time to time; and
(e) if the Customer exceeds the agreed number of Authorised Users (as detailed in Schedule 1) then the Supplier shall not be deemed to be in breach of any failure to meet any of its obligations in relation to Maintenance and Support (including, those set out in Schedule 5) as a result of the increased demand.
3.3 The Customer shall ensure that: (i) each Authorised User keeps a secure password for his access to and use of the Software; (ii) such password is changed no less frequently than every ninety (90) days; and (iii) each Authorised User keeps his password confidential.
3.4 Without limiting the Supplier’s other rights of audit, the Supplier may audit the Customer’s use of the Software which information shall duly be provided by the Customer. Such audit may be conducted no more than once per quarter, at the Supplier’s expense, and shall be exercised with reasonable prior notice, in a manner so as to not substantially interfere with the Customer's normal conduct of business.
3.5 Should an audit conducted pursuant to clause 3.4 reveal that passwords have been provided to individuals who are not Authorised Users then, without prejudice to the Supplier's other rights, the Customer shall promptly disable such passwords and shall not issue any new passwords to s...
Hosting Services, Maintenance and Support. 3.1 The Supplier shall:
3.2 perform the Hosting Services and Maintenance and Support services with reasonable care and skill;
3.3 use all reasonable endeavours to keep the Software available to the Customer at all times subject to planned outages.
3.4 In relation to the Software:
(a) the Supplier hereby grants to the Customer on and subject to the terms and conditions of this agreement a non-exclusive, non-transferable licence to allow Authorised Users to access the Software through the Hosting Services and to use the Software solely for the Customer's business purposes;
(b) the Customer shall not store, distribute, introduce or transmit through the Hosting Services:
(i) any Virus,
(ii) any Vulnerability; or
(iii) any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;
(c) the Customer shall not:
(i) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Software except to the extent expressly set out in this agreement or as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
(iii) access all or any part of the Software or Hosting Services in order to build a product or service which competes with the Software and/or the Services
(iv) use the Software or Hosting Services to provide services to third parties; or
(v) subject to clause 18.1, transfer, temporarily or permanently, any of its rights under this agreement, or
(vi) attempt to obtain, or assist third parties in obtaining, access to the Software, other than as provided under this clause 3; and
(d) the Customer shall use reasonable endeavours to prevent any unauthorised access to, or use of, the Software and notify the Supplier promptly of any such unauthorised access or use.
3.5 In relation to Authorised Users:
(a) the Customer's access to the Hosting Services shall be limited to Authorised Users only, being employees or independent contractors of th...
Hosting Services, Maintenance and Support. 2.1 For the duration of the Term the Supplier shall perform the Hosting Services and Maintenance and Support services in accordance with the terms of this Agreement.
2.2 In providing the Hosting Services, the Supplier shall use its reasonable endeavours to ensure that the services are provided to the ECITB on a constant, uninterrupted basis throughout the Term of this Agreement, via the internet and shall ensure such access to Websites is available 99.9% of the time in any 24-hour period (the “Uptime Availability”).
2.3 The Supplier shall supply the Services so as to attain the Service Levels described in clause 5.
2.4 In relation to the ECITB Data, the Supplier shall cooperate fully with ECITB and shall update, amend or modify any ECITB Data hosted on the Website Hosting Platform in accordance with ECITB’s reasonable instructions;
2.5 In relation to Authorised Users:
2.5.1 ECITB's access to the Website Hosting Platform shall not be limited to a number of individual Authorised Users,
2.5.2 the Supplier shall ensure that ECITB has full access and permissions to add any additional Authorised Users to the Website Hosting Platform at any time without notice, during the Term; and
2.6 In relation to the Website Hosting Platform:
2.6.1 the Supplier shall provide the Website Hosting Platform and the Hosting Services and shall in accordance with the Uptime Availability, make the Websites publicly available the Websites Hosting Platform provided by the Supplier online;
2.6.2 the Supplier shall host the Websites on the Website Hosting Platform;
2.6.3 the Supplier shall ensure the Website Hosting Platform is compatible with the current and last three major releases or update of:
a) Chrome, Safari, Edge, Opera and FireFox browsers;
b) Android and IOS; and
c) Google Chrome and Windows OS. For the avoidance of doubt, the Supplier shall ensure the Website Hosting Platform is compatible with the latest major release or update of such software, program or device referred to, at a - c above, provided always that the Supplier has had reasonable time to update the Website Hosting Platform, system following such release or update. Should complications arise with any major release or update of such software, program referred to, at a-c above, the Supplier shall manage and monitor these on a case by case basis and shall inform ECITB, as required.
2.6.4 the Supplier shall ensure that personnel approved by ECITB are provided with the necessary access permissions to use the Website ...
Hosting Services, Maintenance and Support. 3.1 Bud Systems shall perform the Hosting Services and Maintenance and Support services. Annex 5 shall apply with effect from the start of the month after the Set-Up Services have been completed.
Hosting Services, Maintenance and Support. 3.1 The Supplier shall procure and provide the Hosting Services and Maintenance and Support services to deliver its software. The Service Level Arrangements shall apply with effect from the start of the month after the Configuration Services have been satisfactorily completed.
