Liability Indemnification and Warranty. Telesystem will respond promptly upon notification of any disruption of service and will promptly restore equipment and/or services under its control to a proper working condition. If it is determined that the disruption of service is the responsibility of others, Telesystem will notify Customer and, if it can be determined, notify the responsible party and continue to monitor and diligently solicit the responsible party to properly repair affected equipment or condition. In no event shall Telesystem and/or its third party providers be liable to Customer for damages or loss of any kind resulting from the use of the system or service(s). The services provided by Telesystem and/or its third party providers are without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non- infringement. Telesystem and/or its third party providers will not be responsible or liable for, including but not limited to, any damages whatsoever arising out of or in connection with the use or performance of the service(s), including but not limited to, loss of use, data or profits, whether or not advised of the possibility of damage. Customer agrees to indemnify and hold harmless Telesystem and/or its third party providers. No defect, unfitness, or other condition of system equipment or service(s) shall relieve Customer of the obligation to pay any charges hereunder or perform any other obligations under this Agreement.
Appears in 3 contracts
Samples: Hosted PBX Service Agreement, Hosted PBX Service Agreement, Hosted PBX Service Agreement
Liability Indemnification and Warranty. Telesystem will respond promptly upon notification of any disruption of service and will promptly restore equipment and/or services under its control to a proper working condition. If it is determined that the disruption of service is the responsibility of others, Telesystem will notify Customer and, if it can be determined, notify the responsible party and continue to monitor and diligently solicit the responsible party to properly repair affected equipment or condition. In no event shall Telesystem and/or its third party providers be liable to Customer for damages or loss of any kind resulting from the use of the system or service(s). The services provided by Telesystem and/or its third party providers are without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non- infringement. Telesystem and/or its third party providers will not be responsible or liable for, including but not limited to, any damages whatsoever arising out of or in connection with the use or performance of the service(s), including but not limited to, loss of use, data or profits, whether or not advised of the possibility of damage. Customer agrees to indemnify and hold harmless Telesystem and/or its third party providers. No defect, unfitness, or other condition of system equipment or service(s) shall relieve Customer of the obligation to pay any charges hereunder or perform any other obligations under this Agreementagreement.
Appears in 3 contracts
Samples: Dedicated Services Agreement, Dedicated Services Agreement, Dedicated Services Agreement
Liability Indemnification and Warranty. Telesystem will respond promptly upon notification of any disruption of service and will promptly restore equipment and/or services under its control to a proper working condition. If it is determined that the disruption of service is the responsibility of others, Telesystem will notify Customer and, if it can be determined, notify the responsible party and continue to monitor and diligently solicit the responsible party to properly repair affected equipment or condition. In no event shall Telesystem and/or its third third-party providers be liable to Customer for damages or loss of any kind resulting from the use of the system or service(s). The services provided by Telesystem and/or its third third-party providers are without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non- infringement. Telesystem and/or its third third-party providers will not be responsible or liable for, including but not limited to, any damages whatsoever arising out of or in connection with the use or performance of the service(s), including but not limited to, loss of use, data or profits, whether or not advised of the possibility of damage. Customer agrees to indemnify and hold harmless Telesystem and/or its third party providers. No defect, unfitness, or other condition of system equipment or service(s) shall relieve Customer of the obligation to pay any charges hereunder or perform any other obligations under this Agreement.
Appears in 1 contract
Samples: Service Agreement