PROVISION AND USE OF THE SERVICES Sample Clauses

PROVISION AND USE OF THE SERVICES. 2.1 A third party carrier via 2Connect shall provide each Service to the Customer for the applicable Term with reasonable skill and care and in accordance with the applicable Service Level Agreement and as specified in the Service Agreement. 2.2 We shall ensure that it complies at all times with all legislation, laws, codes of practice, and Licence conditions applicable to the provision of the Services, including any applicable obligations under the Data Protection Legislation. 2.3 The Customer shall ensure that it complies at all times with all legislation, codes of practice and licence conditions applicable to its use of the Services, including any applicable obligations under the Data Protection Legislation, any reasonable policies of 2Connect regarding the use of any Services which are advised to it by 2Connect from time to time in writing. 2.4 2Connect shall use its reasonable endeavours to commence the provision of each Service by any dates (if any) set out in the Customer Specification or the Contract. At the request of the Customer, 2Connect shall provide reasonable supporting evidence to the Customer to demonstrate that any Service has been made available for use by it. The Customer will provide 2Connect with all access to its premises and assistance reasonably required by 2Connect to install equipment and commission the Service by the agreed date(s) and, if no date has been agreed, as soon as reasonably practicable after the date of the Contract. 2.5 2Connect reserves the right to amend, vary or change any Equipment, Software or Service (including the technical specification for any Service, the Equipment or the Software used to provide any Service or the Customer Specification for any Service) provided that such amendment, variation or change does not materially and adversely affect the provision of any Service. Where 2Connect reasonably considers that it is necessary to suspend the provision of any Service or any part of a Service (including, without limitation, the provision of a service to a particular site of the Customer) for the purposes of carrying out amendment, variation, change, repair, maintenance or improvement of or to any Service, Software and/or Equipment, 2Connect shall use its reasonable endeavours to ensure that the Customer receives reasonable notice of any such work. During the continuance of any such work, 2Connect shall continue to provide the Services in accordance with any applicable Service Level. 2.6 The Customer shall ...
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PROVISION AND USE OF THE SERVICES. 2.1 Provision of the SaaS Service. Subject to Customer’s payment of all fees due hereunder, Sysdig grants Customer a limited, non- exclusive, non-sublicenseable, nontransferable (except as specifically permitted in this Agreement) right to access and use the SaaS Service during the applicable Subscription Term, pursuant to the License Entitlement as set forth in the applicable Order Form, solely for Customer’s internal business purposes. This grant includes the right to implement the Software for use with the SaaS Service, if applicable. Customer may permit its Affiliates to use and access the SaaS Service and Documentation in accordance with this Agreement, but Customer shall be responsible for the compliance of all Affiliates with this Agreement, Documentation, and the Order Form(s).
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PROVISION AND USE OF THE SERVICES. 3.1 AIRTEL hereby reserves the right to vary the terms and conditions of this Contract at any time. 3.2 Subject to the provisions of this Contract AIRTEL will provide the CLIENT with a SIM Card and take all reasonable steps to make the Prepaid Services available to the CLIENT. 3.3 Mobile phone numbers shall be allocated by AIRTEL subject to availability and in accordance with existing guidelines and regulations of the Communications Authority (or any other relevant regulatory authority). AIRTEL reserves the right to offer, withdraw and change such mobile phone number(s) as may be allocated upon giving adequate notice to the CLIENT. 3.4 The Service is not fault free and the quality and availability of the Service may be affected by factors outside the control of AIRTEL including but not limited to local geographic and physical obstruction atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which the network is connected or dependent. The network and the Service may also from time to time require upgrading, modification, maintenance or other works that may also result in the Service or any part thereof becoming temporarily unavailable. 3.5 On activation, the CLIENT will be entitled to the quality of service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care. 3.6 AIRTEL may suspend services or any part thereof without giving the CLIENT notice if AIRTEL has good reason to believe that the CLIENT has not complied with one or more of the terms of this Contract. 3.7 AIRTEL will exercise all reasonable endeavors to maintain the content but the content may be complete out of date or inaccurate and it is provided on an “as is” basis and the CLIENT hereby acknowledges that AIRTEL will not be liable for any action the CLIENT takes in reliance on the content. 3.8 AIRTEL may vary the content or the technical specification of the Service from time to time and will advise the CLIENT accordingly without creating an obligation to do so. 3.9 The CLIENT is solely responsible for evaluating the accuracy and completeness of the content and the value and integrity thereof and accordingly AIRTEL will not be a party to or in any way responsible for any transaction concerning the content or defects therein. 3.10 The coverage maps issued by AIRTEL are estimated but not guaranteed of the availability of the Service or coverage by the network which may vary...
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PROVISION AND USE OF THE SERVICES. ● Subject to the terms and conditions of the Agreement, we will provide the Services to Customer. The Services may only be used for their intended purposes and in accordance with this Agreement. You shall provide us with all assistance as reasonably required for us to activate and operate the Services. ● You acknowledge that we may engage third parties to provide or enable elements of the Services. ● From time­to­time we may cease supporting aspects of the Services (any such event, an “End of Life”). Should components of the Services come to an End of Life, we will attempt to replace them with comparable components, but may not be able to do so. An End of Life is not a breach of this Agreement. ● Certain aspects of the Services may be in beta form as designated by us (“Beta Services”). In addition to the disclaimers of warranty set out in this Agreement, the Beta Services are provided on an as­is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. Any SLA does not apply to the Beta Services. We reserve the right to terminate the Beta Services at any time, even if you have relied on them as a material inducement to enter into this Agreement. We make no guarantee that Beta Services will be put into production. ● If you order a dedicated IP address from us, you have the right to use this IP address only during the Term. ● While we do provide backup, there is no guarantee that the backup will work properly and that the content will be completely recovered or formatted properly. You are solely responsible for keeping a separate backup of any data that you do not want to lose. ● We provide support through xxxxxxx@xxxxxxxxxxxxxx.xxx. This creates a ticket and is tracked in our system. ● If you abuse our support staff or any employee of Darkspire, Inc, we may terminate this agreement and your access to the Services effective immediately. ● During our interactions with you, including while providing Support, we may solicit or you may provide feedback about the Services. You agree that we are free to use and disclose this feedback for any purpose. If we make any changes to our current services or products, or develop new products or services, using the feedback, then you agree that we own all right, title and interest to such changes or new products or services. ● The charges for the Services are set out on the Order (“Fees”). Fees applicable to any renewal Term will be at ...
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PROVISION AND USE OF THE SERVICES scheduled maintenance, which will be communicated to Client in advance; or (b) any circumstances beyond Xxxxx Ontrack’s reasonable control including without limitation, internet service provider failures or delays. Client shall use the Services for internal business purposes only, and shall not: (i) sell, resell, lease, distribute, license, or otherwise commercially exploit the Services or make the Services available to an undesignated third party, unless otherwise agreed by Xxxxx Ontrack; (ii) tamper with the security of the Services or otherwise attempt to gain access to or otherwise breach Xxxxx Ontrack’s systems; or (iii) reverse engineer the Services. Client is responsible for all activities that occur in Client’s account and for each User’s compliance with all terms and conditions of this Agreement.
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PROVISION AND USE OF THE SERVICES. Xxxxx Ontrack shall make the Services available to Client and its Users pursuant to the terms of this Agreement, and all Order Forms. Access to and use of the Services is granted solely to the Client stated in the Order Form and its designated Users and shall not be shared with any third parties other than those designated by Client and approved by Xxxxx Ontrack. Xxxxx Ontrack shall: (i) provide basic technical support for the Services at no additional charge; (ii) use commercially reasonable efforts to make the Services available to Client 24 hours a day, 7 days a week, except for: (a) planned downtime for regularly scheduled maintenance, which will be communicated to Client in advance; or (b) any circumstances beyond Xxxxx Ontrack’s reasonable control including without limitation, internet service provider failures or delays. Client shall use the Services for internal business purposes only, and shall not: (i) sell, resell, lease, distribute, license, or otherwise commercially exploit the Services or make the Services available to an undesignated third party, unless otherwise agreed by Xxxxx Ontrack; (ii) tamper with the security of the Services or otherwise attempt to gain access to or otherwise breach Xxxxx Ontrack’s systems; or (iii) reverse engineer the Services. Client is responsible for all activities that occur in Client’s account and for each User’s compliance with all terms and conditions of this Agreement.
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PROVISION AND USE OF THE SERVICES. 4.1 InfoStrat Responsibilities. The provision of Services by Infostrat is subject to the terms and conditions set forth in this Agreement and related agreements and Order Forms, such terms and conditions with respect to Microsoft Products and Services rendered in connection therewith being subject to, and limited by, the limitations, policies and requirements of InfoStrat’s agreements with Microsoft, applicable Microsoft End User License Terms, SPUR terms, end user license agreements (“XXXX”), and other applicable Microsoft agreements, policies and requirements, as they may be modified from time to time. Except as otherwise provided in an Order Form, InfoStrat shall: (i) provide to Client Basic Support for the Purchased Services at no additional charge, and/or upgraded support if purchased separately, and (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which InfoStrat shall use reasonable efforts to give at least 8 hours notice via the Purchased Services and which InfoStrat shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Eastern time Friday to 3:00 a. m. Eastern time Monday), or (b) any unavailability caused by circumstances beyond InfoStrat’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems , or Internet service provider or other third party failures or delays, including failures or delays caused by third party products or services.
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PROVISION AND USE OF THE SERVICES. 4.1. BSF shall provide the Services to the Participating User within the Direct Corporate Access Service. 4.2. BSF and the Participating User shall at all times each have in place, and regularly and thoroughly review and test, the appropriate technical platform, software and capabilities necessary for that respective party to access and use the SWIFT Messaging Services, the Services and the Direct Corporate Access Service and strict security arrangements concerning such access and use. BSF and the Participating User each accepts that it is responsible for ensuring the security of its own technical environment and the Participating User accepts that it is responsible for ensuring the security of the technical environment of its Agents. 4.3. BSF, the Participating User and, to the extent relevant, each other Customer shall each not by any act or omission prejudice the security of the SWIFT Messaging Services or the Direct Corporate Access Service (and shall ensure that its employees and other agents and representatives do not do so). 4.4. BSF shall ensure that each SWIFT Message sent to the Participating User, and the Participating User shall ensure that each SWIFT Message sent to BSF, within the Direct Corporate Access Service meets the applicable requirements set out in schedule 2, that party’s SWIFT Agreement, the SWIFT Documentation and the User Guides. 4.5. The Participating User and, to the extent relevant, each other Customer shall: 4.5.1. immediately notify BSF if it becomes aware of or suspects any breach or compromise of the security of the SWIFT Messaging Services or the Direct Corporate Access Service, including any loss or disclosure of, or any person other than a person duly authorized in accordance with the SWIFT Documentation and the Participating User’s own procedures seeking to obtain or obtaining, the means to send SWIFT Messages to BSF or sending such a SWIFT Message, providing full details of the apparent issue; and 4.5.2. fully and promptly co-operate with any steps taken by BSF to investigate and/or rectify any apparent or suspected breach or compromise of the security of the SWIFT Messaging Services or the Direct Corporate Access Service which is reported under clause 4.5.1 or otherwise comes to the attention of BSF, including providing such further information regarding the apparent breach as BSF may request. 4.6. BSF may at any time require the revocation of any certificates, the renewal or change of encryption keys or similar syste...
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Related to PROVISION AND USE OF THE SERVICES

  • Provision of the Services The Supplier acknowledges and agrees that the Customer relies on the skill and judgment of the Supplier in the provision of the Services and the performance of its obligations under this Call Off Contract. The Supplier shall ensure that the Services: comply in all respects with the description of the Services in Call Off Schedule 2 ( Services) or elsewhere in this Call Off Contract; and are supplied in accordance with the provisions of this Call Off Contract (including the Call Off Tender) and the Tender. The Supplier shall perform its obligations under this Call Off Contract in accordance with: all applicable Law; Good Industry Practice; the Standards; the Security Policy; the ICT Policy (if so required by the Customer); and the Supplier's own established procedures and practices to the extent the same do not conflict with the requirements of Clauses 7.1.3(a) to 7.1.3(e). The Supplier shall: at all times allocate sufficient resources with the appropriate technical expertise to supply the Deliverables and to provide the Services in accordance with this Call Off Contract; subject to Clause 22.1 (Variation Procedure), obtain, and maintain throughout the duration of this Call Off Contract, all the consents, approvals, licences and permissions (statutory, regulatory contractual or otherwise) it may require and which are necessary for the provision of the Services; ensure that any services recommended or otherwise specified by the Supplier for use by the Customer in conjunction with the Deliverables and/or the Services shall enable the Deliverables and/or the Services to meet the requirements of the Customer; ensure that the Supplier Assets will be free of all encumbrances (except as agreed in writing with the Customer); ensure that the Services are fully compatible with any Customer Property or Customer Assets described in Call Off Schedule 4 (Implementation Plan) (or elsewhere in this Call Off Contract) or otherwise used by the Supplier in connection with this Call Off Contract; minimise any disruption to the Sites and/or the Customer's operations when providing the Services; ensure that any Documentation and training provided by the Supplier to the Customer are comprehensive, accurate and prepared in accordance with Good Industry Practice; co-operate with the Other Suppliers and provide reasonable information (including any Documentation), advice and assistance in connection with the Services to any Other Supplier and, on the Call Off Expiry Date for any reason, to enable the timely transition of the supply of the Services (or any of them) to the Customer and/or to any Replacement Supplier; assign to the Customer, or if it is unable to do so, shall (to the extent it is legally able to do so) hold on trust for the sole benefit of the Customer, all warranties and indemnities provided by third parties or any Sub-Contractor in respect of any Deliverables and/or the Services. Where any such warranties are held on trust, the Supplier shall enforce such warranties in accordance with any reasonable directions that the Customer may notify from time to time to the Supplier; provide the Customer with such assistance as the Customer may reasonably require during the Call Off Contract Period in respect of the supply of the Services; deliver the Services in a proportionate and efficient manner; ensure that neither it, nor any of its Affiliates, embarrasses the Customer or otherwise brings the Customer into disrepute by engaging in any act or omission which is reasonably likely to diminish the trust that the public places in the Customer, regardless of whether or not such act or omission is related to the Supplier’s obligations under this Call Off Contract; and gather, collate and provide such information and co-operation as the Customer may reasonably request for the purposes of ascertaining the Supplier’s compliance with its obligations under this Call Off Contract. An obligation on the Supplier to do, or to refrain from doing, any act or thing shall include an obligation upon the Supplier to procure that all Sub-Contractors and Supplier Personnel also do, or refrain from doing, such act or thing. This Clause 8 shall apply if any Services have been included in Annex 1 of Call Off Schedule 2 (Services).

  • 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.

  • Provision of the Service Okta provides the Service to Customer under the Agreement. In connection with the Service, the parties anticipate that Okta may Process Customer Data that contains Personal Data relating to Data Subjects.

  • Description of the Services 1.1 The scope of the service to be rendered is described more fully in the Annexures and Schedules referred to below: ❑ Annexure A – Scope / Specification ❑ Annexure C – Pricing Schedule The Deliverables, due for completion by and governed by this Schedule 1. In the event that the Service Provider fails to meet the delivery dates as agreed, the following penalties will be imposed:

  • B1 The Services The Contractor shall supply the Services during the Contract Period in accordance with the Authority’s requirements as set out in the Specification and the provisions of the Contract in consideration of the payment of the Contract Price. The Authority may inspect and examine the manner in which the Contractor supplies the Services at the Premises during normal business hours on reasonable notice.

  • 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.

  • Scope of the Services UNOPS intends to retain the Contractor for the implementation of the Services, and the Contractor intends to provide the Services. The Contractor has represented to UNOPS that it has the appropriate experience, expertise, licences, and resources to undertake the Services and has agreed to undertake the Services in accordance with the Contract. In reliance on the Contractor’s representations UNOPS has entered into the Contract. The Contract sets out the terms and conditions upon which the Contractor will undertake the Services.

  • Suspension of the Services The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in our Critical Incident Policy or in the circumstances set out in clause 19. If the Services are suspended for a period of more than one month, either of us may terminate the contract by giving the other one month’s written notice.

  • Operation and Use So long as the Aircraft, Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not operate, use or locate the Aircraft, Airframe or any Engine, or allow the Aircraft, Airframe or any Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 4.06, except in the case of a requisition by the U.S. Government where the Owner obtains indemnity in lieu of such insurance from the U.S. Government, or insurance from the U.S. Government, against substantially the same risks and for at least the amounts of the insurance required by Section 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 4.06 by war risk insurance, or in either case unless the Aircraft, the Airframe or any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as Owner diligently and in good faith proceeds to remove the Aircraft from such area. So long as the Aircraft, the Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not permit such Aircraft, Airframe or any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law binding on or applicable to such Aircraft, Airframe or Engine or (y) in violation of any airworthiness certificate, license or registration of any Government Entity relating to the Aircraft, the Airframe or any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by Owner or Permitted Lessee in any reasonable manner which does not involve any material risk of the sale, forfeiture or loss of the Aircraft, Airframe or any Engine, any material risk of criminal liability or material civil penalty against Mortgagee or impair the Mortgagee's security interest in the Aircraft, Airframe or any Engine.

  • Access to the Services ID’s for access to Vendor Core Research and Analyst Inquiry may not be shared. Access to the Services is restricted to the number of named individuals (each a “Licensed User”) as identified in the Customer Purchase Order.

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