Common use of Responsibilities of the Supplier Clause in Contracts

Responsibilities of the Supplier. 3.1 Notwithstanding the foregoing, the Supplier does not warrant that the Client's use of the Managed Services will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) of the time. 3.2 In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1, the Supplier shall: (a) staff the Supplier support desk with a team of skilled individuals (whether subcontracted or not); (b) maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (c) undertake a regular account review, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs; (d) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (e) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work); (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 The Supplier does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Master Services Agreement

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Responsibilities of the Supplier. 3.1 Notwithstanding the foregoing, the Supplier does not warrant that the Client's use of the Managed Services and Products (if applicable) will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) of the time. 3.2 Unless otherwise agreed in writing, the Managed Services and Products are designed, manufactured and intended for low-risk activities. 3.3 In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1Services, the Supplier shall: (a) staff the Supplier support desk with a team of skilled individuals (whether subcontracted or not); (b) maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; ; (c) maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (cd) where agreed, undertake a regular account review, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs; (de) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (ef) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 3.4 The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work);): (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 3.5 The Supplier does not and cannot control the flow flow of data to or from its network and other portions of the internet. Such flow flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Master Services Agreement

Responsibilities of the Supplier. 3.1 Notwithstanding the foregoing, the Supplier does not warrant that the Client's use of the Managed Services will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) of the time. 3.2 In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1, the Supplier shall: (a) staff the Supplier support desk with a team of skilled individuals (whether subcontracted or not); (b) maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; ; (c) maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (cd) where agreed, following written request by the Client, undertake a regular account review, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs;; and (de) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (e) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work);): (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 The Supplier does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Master Services Agreement

Responsibilities of the Supplier. 3.1 Notwithstanding the foregoing, the Supplier does not warrant that the Client's ’s use of the Managed Services will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) of the time. 3.2 In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1specifically, the Supplier shall: (a) staff the Supplier support desk with a team of skilled individuals (whether subcontracted or not); (b) maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; ; (c) maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (cd) where agreed, undertake a regular account review, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs; (de) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (ef) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work);): (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 The Supplier does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Master Services Agreement

Responsibilities of the Supplier. 3.1 3.1. Notwithstanding the foregoing, the Supplier does not warrant that the Client's use of the Managed Services will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) % of the time. 3.2 3.2. In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1these Managed Services Terms, the Supplier shall: (a) staff the Supplier support desk with a team of skilled individuals (whether subcontracted or not); (b) use commercially reasonable endeavours to maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; ; (c) maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (cd) undertake a regular account reviewreview if requested by the Client, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs; (de) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (ef) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 3.3. The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work);): (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 3.4. The Supplier does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Managed Services Terms

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Responsibilities of the Supplier. 3.1 Notwithstanding the foregoing, the Supplier does not warrant that the Client's use of the Managed Services will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) of the time. 3.2 In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1, the Supplier shall: (a) staff the Supplier support desk with a team of skilled individuals (whether subcontracted or not); (b) maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; ; (c) maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (cd) where agreed, undertake a regular account review, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs; (de) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (ef) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work);): (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 The Supplier does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Master Services Agreement

Responsibilities of the Supplier. 3.1 Notwithstanding the foregoing, the Supplier does not warrant that the Client's use of the Managed Services and products (if applicable) will be: (a) free from faults, interruptions or errors; (b) available one hundred percent (100%) of the time. 3.2 Unless otherwise agreed in writing, the Managed Services and products are designed, manufactured and intended for low-risk activities. 3.3 In relation to the Managed Services specifically and notwithstanding the Supplier’s obligations under paragraph 2.1 of this Schedule 1Services, the Supplier shall: (a) staff the Supplier support service desk with a team of skilled individuals (whether subcontracted or not); (b) maintain a team skilled in the platform and with knowledge of the systems developed to deliver the solution; ; (c) maintain a comprehensive IT service management solution, with integrated knowledge base and how-to guides to reduce the time to issue resolution; (cd) where agreed, undertake a regular account review, to discuss the Client’s service needs and ensure that the Agreement is in alignment with its needs; (de) use commercially reasonable endeavours to follow the instructions of the Client and will remain courteous during any communications with Client personnel; and (ef) provide the Client with reasonable co-operation in relation to the Agreement. 3.3 3.4 The Supplier shall be under no obligation to provide the Managed Services to the Client in the following circumstances (unless specified under the Statement of Work);): (a) unauthorised use of the Services by the Client or use otherwise than in accordance with the Agreement; (b) providing the Managed Services outside Normal Business Hours unless otherwise agreed between the Parties in writing; (c) providing any other services not covered herein; (d) training; and (e) providing the Managed Services to the Client where such support would have been unnecessary if the Client had implemented update(s) and upgrade(s) supplied or offered to the Client. 3.4 3.5 The Supplier does not and cannot control the flow of data to or from its network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the internet (or portions thereof). Whilst the Supplier will use reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, the Supplier cannot guarantee that such events will not occur. Accordingly, the Supplier disclaims any and all liability resulting from or related to such events.

Appears in 1 contract

Samples: Master Services Agreement

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