Common use of Resale of Services Clause in Contracts

Resale of Services. (a) Customer shall not resell or redistribute access to the Services in any manner without the express prior written consent of FBL. Customer is the customer-of-record for Service(s) acquired under this Agreement. Provided Customer has obtained the prior written consent of FBL, if Customer resells Service or incorporates Service into services it provides to its carrier customers or to end users, Customer will be solely responsible for interfacing with its carrier customers or end users with respect to all matters pertaining to its services including, without limitation, service provisioning, billing, and collection, dispute resolution and crediting. FBL will have no obligation to interact with Customer's carrier customers or end users, nor will FBL incur any liability to them for its performance under this Agreement. Customer is responsible for the payment of all charges for Service furnished to it, its carrier customers, or their end users. This responsibility is not diminished or otherwise affected by any: (i) use, misuse, fraud or abuse by Customer, its employees, its carrier customers, their end users, or other members of the public of Service or of Customer- provided systems, equipment, LAP facilities or services interconnected to Service; or (ii) Customer inability to collect payments or charges from its carrier customers, their end users, or others. (b) Customer is responsible for applying and enforcing all applicable provisions of this Agreement on its end users, its carrier customers and their end users and any liability arising from a violation of a Customer obligation under this Agreement. If FBL discontinues providing Service to Customer for any reason, Customer will be solely responsible for furnishing any required notice to its affected carrier customers or their end users.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Resale of Services. (a) Customer shall not resell or redistribute access to the Services in any manner without the express prior written consent of FBL. Customer is the customer-of-record for all Service(s) acquired under this AgreementAgreement and all Customer information provided when registering for the Services is accurate and complete. Provided Customer has obtained will not resell the prior Services to others, but Customer may use the Services as a component of other services provided to End Users. In doing so, Customer will not make any representations or warranties, whether written consent of FBLor oral, if Customer resells Service or incorporates Service into services it provides to its carrier customers or to end usersany third parties (including, without limitation, Customer’s End Users) concerning the Services. Customer will be solely responsible for interfacing with its carrier customers or end users End Users with respect to all matters pertaining to its services including, without limitation, service provisioning, billing, billing and collection, dispute resolution and crediting. FBL will have no obligation to interact with Customer's carrier customers or end users, nor will FBL incur any liability to them for its performance under this Agreement. Customer is responsible for the payment of all charges for Service furnished to it, Customer and its carrier customers, or their end usersEnd Users. This responsibility is not diminished or otherwise affected by any: (i1) use, misuse, fraud or abuse by Customer, its employees, its carrier customers, their end usersEnd Users, or other members of the public of the Service or of Customer- Customer-provided systems, equipment, LAP facilities or services interconnected to Service; or (ii2) Customer inability to collect payments or charges from its carrier customers, their end usersEnd Users, or others. (b) Customer is responsible for for: (1) applying and enforcing all applicable provisions of this Agreement on its end users, its carrier customers End Users; and their end users and (2) any liability arising from a violation of a Customer or End User obligation under this Agreement. If FBL XO discontinues providing Service to Customer for any reason, Customer will be solely responsible for furnishing any required notice to its affected carrier customers or their end usersEnd Users. (c) XO will have no obligation to interact with Customer's End Users, nor will XO incur any liability to End Users for its performance under this Agreement.

Appears in 2 contracts

Samples: Cloud Solutions Services Agreement, Cloud Solutions Services Agreement

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Resale of Services. (a) Customer shall not resell or redistribute access to the Services in any manner without the express prior written consent of FBL. Customer is the customer-of-record for Service(s) acquired under this Agreement. Provided Customer has obtained the prior written consent of FBL, if Customer resells Service or incorporates Service into services it provides to its carrier customers or to end users, Customer will be solely responsible for interfacing with its carrier customers or end users with respect to all matters pertaining to its services including, without limitation, service provisioning, billing, and collection, dispute resolution and crediting. FBL will have no obligation to interact with Customer's carrier customers or end users, nor will FBL incur any liability to them for its performance under this Agreement. Customer is responsible for the payment of all charges for Service furnished to it, its carrier customers, or their end users. This responsibility is not diminished or otherwise affected by any: (i) use, misuse, fraud or abuse by Customer, its employees, its carrier customers, their end users, or other members of the public of Service or of Customer- Customer-provided systems, equipment, LAP facilities Facilities or services interconnected to Service; or (ii) Customer inability to collect payments or charges from its carrier customers, their end users, or others. (b) Customer is responsible for applying and enforcing all applicable provisions of this Agreement on its end users, its carrier customers and their end users and any liability arising from a violation of a Customer obligation under this Agreement. If FBL discontinues providing Service to Customer for any reason, Customer will be solely responsible for furnishing any required notice to its affected carrier customers or their end users.

Appears in 1 contract

Samples: Master Services Agreement

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