Common use of Nature and Scope of the Services Clause in Contracts

Nature and Scope of the Services. 4.1 The Services shall be undertaken at the Location and (to the extent practicable, at Nviron’s discretion) Nviron’s premises or other locations. Nviron shall be under no obligation to provide the Services other than at the Premises unless otherwise agreed in writing by Nviron. 4.2 Any dates quoted for supply or completion of the Services are approximate only, and the time of delivery or completion may not be made of the essence by notice. No warranty is given by Nviron that the Services shall be provided on a continuous basis or on any specific dates during the term of the Project Services Agreement (except if and to the extent otherwise agreed by Nviron in writing). 4.3 Unless otherwise agreed in writing by the Company, the Servicesshall be provided during normal working hours on the Company’s normal working days (08.30 – 17.00 weekdays excluding bank and public holidays). 4.4 For the purposes of the Project Services Agreement, the Customer acknowledges and agrees that (except if and to the extent otherwise set out in a separate written agreement which is signed by both parties and subject to clause 4.6): 4.4.1 Nviron’s responsibility for providing services is limited to the Services as set out in the Project Services Agreement and Nviron shall not be required to undertake any other services; and 4.4.2 accordingly, Nviron shall have no responsibility to provide any assistance, support or maintenance relating to the Equipment or its operation after completion of the Services or earlier termination of the Project Services Agreement (except if and to the extent required due to any negligence or breach of the Project Services Agreement by Nviron, subject always to the provisions of clause 13 and the other provisions of the Project Services Agreement). 4.5 For the avoidance of doubt (but without prejudice to any other provision of the Project Services Agreement), matters which are specifically excluded from the scope of the Services are set out in Schedule 5 of your Project Services Agreement. 4.6 The Customer may, for a period of 30 days from the date of issue of the Statement of Completion, contact the Nviron Service Desk (by telephone on 0000 000 0000 or by emailing xxxxxxxxxxx@xxxxxx.xx.xx) forminor support issues following the completion of the Services. For these purposes, minor support issues shall (by way of illustrative example only) comprise matters such as answering queries and resolving minor technical problems such as configurations. Nviron shall provide reasonable assistance to the Customer in respect of any such issues during such 30 day period.

Appears in 2 contracts

Samples: Project Services Agreement, Project Services Agreement

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Nature and Scope of the Services. 4.1 The Services shall be undertaken at the Location Customer acknowledges and agrees that (save if and to the extent practicable, at Nviron’s discretion) Nviron’s premises otherwise agreed in writing by Nviron or other locations. stipulated as part of the Services): 4.1.1 Nviron shall be is under no obligation to provide the Services other than at the Premises Location, or at or from any other particular locations; 4.1.2 Nviron is under no obligation to provide the Services at any particular time or times; and 4.1.3 subject to clause 4.1.2, the Services shall be provided during normal working hours on Nviron’s normal working days (08.00 – 18.00 weekdays excluding bank and public holidays) unless otherwise agreed in writing by NvironNviron elects, at its absolute discretion, to provide the Services outside of those hours from time to time. 4.2 Any dates quoted for supply or completion of any particular aspect of the Services are approximate only, and the time of delivery supply or completion may not be made of the essence by notice. No warranty is given by Nviron that the Services shall be provided on a continuous basis or on any specific dates during the term of the Project Services Agreement (except if and to the extent otherwise agreed by Nviron in writing). 4.3 Unless otherwise agreed in writing by the Company, the Servicesshall be provided during normal working hours on the Company’s normal working days (08.30 – 17.00 weekdays excluding bank and public holidays). 4.4 For the purposes of the Project Services Agreement, the Customer acknowledges and agrees that (except if and to the extent otherwise set out in a separate written agreement which is signed by both parties and subject to clause 4.6parties): 4.4.1 4.3.1 Nviron’s responsibility for providing services is limited to the Services as set out in the Project Agreement; 4.3.2 each element of the Services Agreement and is limited to the scope of the hardware and/or software specifically referred to in respect of such Services; and 4.3.3 accordingly, Nviron shall not be required to undertake any other services or have any responsibility for any other services; and 4.4.2 accordingly, Nviron shall have no responsibility to provide or for any assistance, support hardware or maintenance relating to the Equipment or its operation after completion of the Services or earlier termination of the Project Services Agreement (except if and to the extent required due to any negligence or breach of the Project Services Agreement by Nviron, subject always to the provisions of clause 13 and the other provisions of the Project Services Agreement)software not so specified. 4.5 4.4 For the avoidance of doubt (but without prejudice to any other provision of the Project Services Agreement), matters which are specifically excluded from the scope of the Services are set out in Schedule 5 of your Project Services Agreement2. 4.6 The 4.5 Without prejudice to clauses 4.3 and 4.4, the Customer may, for a period of 30 days from the date of issue of the Statement of Completion, contact the Nviron Service Desk acknowledges and agrees that (by telephone on 0000 000 0000 or by emailing xxxxxxxxxxx@xxxxxx.xx.xx) forminor support issues following the completion of the Services. For these purposes, minor support issues shall (by way of illustrative example only) comprise matters such as answering queries save if and resolving minor technical problems such as configurations. Nviron shall provide reasonable assistance to the Customer extent otherwise agreed in writing by Nviron or expressly stipulated in the Agreement): 4.5.1 the Technical Services are limited to advising on IT infrastructure matters only and Nviron does not take any responsibility for advising or assisting in respect of any of the Customer’s software applications; and 4.5.2 Nviron is not required to maintain, upgrade, renew or replace the Customer’s IT hardware infrastructure or any of the Customer’s software applications. Accordingly, the Customer shall be solely responsible for ensuring that, throughout the term of the Agreement, all such issues during such 30 day periodhardware and software are maintained as the current versions supported by the relevant manufacturer or licensor.

Appears in 1 contract

Samples: Support Services Agreement

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Nature and Scope of the Services. 4.1 The Services shall be undertaken at the Location and (to the extent practicable, at Nviron’s discretion) Nviron’s premises or other locations. Nviron shall be under no obligation to provide the Services other than at the Premises unless otherwise agreed in writing by Nviron. 4.2 Any dates quoted for supply or completion of the Services are approximate only, and the time of delivery or completion may not be made of the essence by notice. No warranty is given by Nviron that the Services shall be provided on a continuous basis or on any specific dates during the term of the Project Services Agreement (except if and to the extent otherwise agreed by Nviron in writing). 4.3 Unless otherwise agreed in writing by the Company, the Servicesshall Services shall be provided during normal working hours on the Company’s normal working days (08.30 – 17.00 weekdays excluding bank and public holidays). 4.4 For the purposes of the Project Services Agreement, the Customer acknowledges and agrees that (except if and to the extent otherwise set out in a separate written agreement which is signed by both parties and subject to clause 4.6): 4.4.1 Nviron’s responsibility for providing services is limited to the Services as set out in the Project Services Agreement and Nviron shall not be required to undertake any other services; and 4.4.2 accordingly, Nviron shall have no responsibility to provide any assistance, support or maintenance relating to the Equipment or its operation after completion of the Services or earlier termination of the Project Services Agreement (except if and to the extent required due to any negligence or breach of the Project Services Agreement by Nviron, subject always to the provisions of clause 13 and the other provisions of the Project Services Agreement). 4.5 For the avoidance of doubt (but without prejudice to any other provision of the Project Services Agreement), matters which are specifically excluded from the scope of the Services are set out in Schedule 5 of your Project Services Agreement. 4.6 The Customer may, for a period of 30 days from the date of issue of the Statement of Completion, contact the Nviron Service Desk (by telephone on 0000 000 0000 or by emailing xxxxxxxxxxx@xxxxxx.xx.xx) forminor support issues following the completion of the Services. For these purposes, minor support issues shall (by way of illustrative example only) comprise matters such as answering queries and resolving minor technical problems such as configurations. Nviron shall provide reasonable assistance to the Customer in respect of any such issues during such 30 day period.

Appears in 1 contract

Samples: Project Services Agreement

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