Common use of Non-Applicability of the Service Level Agreement Clause in Contracts

Non-Applicability of the Service Level Agreement. Unless otherwise set forth in the Services Description, the Service Level Agreement does not apply to (i) Services being provided Free of Charge, (ii) Services being provided for mobile applications, (iii) Add-On Services and (iv) Non-Hilti-Services (“Excluded Services”). Service Provider does not warrant for the Excluded Services any availability and does not provide any Support or rectification services for the Excluded Services. (i) the Customer, acting as controller (“Controller”); and (ii) Service Provider, acting as processor (“Processor”); (iii) each a “Party”, together the “Parties”. This DPA is intended to comply with the requirements of applicable data protection laws. This means that the GDPR references and obligations should be considered mutatis mutandis of the applicable local data protection laws when said is not GDPR. When equivalent obligations do not exist under local laws, then the clauses should be considered as contractual obligations designed to apply an equivalent level of protection as the one prescribed under GDPR, referencing the GDPR articles as guidance to clarify the intent.

Appears in 2 contracts

Samples: Software and Services Subscription Agreement, Software and Services Subscription Agreement

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Non-Applicability of the Service Level Agreement. Unless otherwise set forth in the Services Description, the Service Level Agreement does not apply to (i) Services being provided Free of Charge, (ii) Services being provided for mobile applications, (iiiii) Add-On Services and (iviii) Non-Hilti-Services (“Excluded Services”). Service Provider does not warrant for the Excluded Services any availability and does not provide any Support or rectification services for the Excluded Services. (i) the Customer, acting as controller (“Controller”); and (ii) Service Provider, acting as processor (“Processor”); (iii) each a “Party”, together the “Parties”. This DPA is intended to comply with the requirements of applicable data protection laws. This means that the GDPR references and obligations should be considered mutatis mutandis of the applicable local data protection laws when said is not GDPR. When equivalent obligations do not exist under local laws, then the clauses should be considered as contractual obligations designed to apply an equivalent level of protection as the one prescribed under GDPR, referencing the GDPR articles as guidance to clarify the intent.

Appears in 2 contracts

Samples: Software and Services Subscription Agreement, Software and Services Subscription Agreement

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