Rights and Obligations of Customer. Customer represents and warrants that (a) it has full right and authority to enter into this Agreement; (b) it will not use the Services in any manner which is in violation of any law or governmental regulation, or Qwest’s Acceptable Use Policy (“AUP”) as amended from time to time by Qwest, which AUP is posted on Qwest’s web site at (xxx.xxxxx.xxx); (c) the “Customer Data” (as hereinafter defined) will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right; (d) the Customer Data will not include indecent or obscene material or constitute a defamation or libel of Qwest or any third party and will not result in the obligation of Qwest to make payment of any third party licensing fees; and (e) it will comply with all relevant export and encryption laws and regulations of the United States (“Export Laws”). For purposes of this Section 6, “Customer Data” shall mean the text, data, images, sounds, photographs, illustrations, graphics, programs, code and other materials transmitted through the Services hereunder.
Rights and Obligations of Customer. (a) Customer shall, at its own expense, use reasonable efforts to, on a non-exclusive basis, market and promote Gift Card Services to Merchants that have a Merchant Account with Customer that is processed pursuant to the Service Agreement. For each such Merchant that desires Gift Card Services and for which Customer desires to provide such services, Customer shall (a) complete a Merchant Gift Card Set-up Form (“Set-up Form”), as provided by, and as may be updated by, FDMS from time to time, and submit the completed Set-up Form to FDMS in the manner designated by FDMS, and (b) enter into an agreement with each Merchant for Gift Card processing. A sample form of terms and conditions for such agreement is set forth in Exhibit C “Sample Terms and Conditions for Merchant Gift Card Processing Agreement.”
(b) Customer promptly shall notify FDMS in writing when a Merchant adds any Designated Location.
(c) Customer or its Merchants are responsible for any settlement of funds among Designated Locations. Customer or its Merchants are solely responsible for obtaining, operating and maintaining at its or their expense Gift Card Equipment.
(d) Customer acknowledges and agrees that it and its Merchants are solely responsible for interpreting all laws and regulations applicable to Gift Card Services and Programs, monitoring changes in such laws and regulations, and for determining the requirements for compliance with, and complying with, such laws and regulations.
(e) Customer shall cause each Merchant to obtain a valid Authorization for each Gift Card transaction in advance of such transaction and to only accept such Gift Card for payment of the amount
Rights and Obligations of Customer. 3.1. Customer acknowledges and agrees to this:
3.1.1. It is Customer's responsibility as a Controller to ensure that its use of the Services complies with all Data Protection Laws applicable to it (including, in particular, in relation to obtaining all necessary consents that must be obtained from Data Subjects);
3.1.2. If Customer requests TWIPLA to transfer Personal Usage Data (including Personal Data) to a third party, Customer shall be solely responsible and liable for such transfer and in no event shall Customer act or fail to act in a manner that would cause TWIPLA to violate any Data Protection Laws;
3.1.3. TWIPLA has no obligation to investigate the completeness, accuracy, or sufficiency of Personal Usage Data, including Personal Data.
3.2. TWIPLA Processes Personal Usage Data only based on instructions by Customer. Customer instructs TWIPLA to Process the types of Personal Data set out in Annex 1. This is Xxxxxxxx's final instruction to TWIPLA with respect to the Processing of Personal Usage Data. If Customer requests TWIPLA to Process Personal (Usage) Data outside the scope of the Agreement, Customer is required to enter into an additional agreement with TWIPLA and Customer shall bear the cost of such additional Processing.
3.3. In the event of a request by a Data Subject against TWIPLA, Xxxxxxxx agrees to assist TWIPLA in verifying active legitimacy and subject matter in defending the claim.
Rights and Obligations of Customer. Customer shall exercise the following rights under this Agreement:
Rights and Obligations of Customer. You shall at your own expense be responsible for all site preparation activities necessary for installation of the Service. You shall give MCI and its suppliers reasonable access to your premises at all reasonable times. You shall not use the Service or permit any use of the Service which is illegal, unlawful, or harassing, which infringes upon another's intellectual property rights, or which otherwise constitutes network abuse, and you shall be responsible for any such misuse of the Service. You shall indemnify MCI and its affiliates against any liabilities incurred by them as a result of such misuse. You also will pay to MCI the reasonable attorneys fees and costs, including allocable costs of in house counsel, incurred by MCI in enforcing this Agreement. You shall be responsible for communicating with your own users of the Service, and for handling all complaints and trouble reports made by such users. You must comply with reasonable security procedures and standards with respect to your own routers that interface with the Service. MCI may communicate security issues to you from time to time when abuse or misuse is observed or reported by others.
Rights and Obligations of Customer. 1. The Customer is obliged to provide timely access and if applicable also remote access to their IT system and timely provide facilities, equipment, (licenses relating to) software, (auxiliary) materials and information (including technical and functional documentation and other information) which AIROC reasonably needs for proper execution of an Agreement. The Customer shall also render all and adequate assistance necessary for the proper execution of the Agreement and give needed instructions ( a.o. relating to safety and other relevant subjects) to AIROC. All the above mentioned shall be provided free of charge. The Customer acknowledges that the provision of services by AIROC at the Customer is fully depended on timely and complete information also from the stakeholders of the Customer involved in the project and their cooperation - availability. The Customer agrees to be available for regular constructive meetings with AIROC, introductory as well as follow up appointments. The Customer is expected to confirm the outcome of the steps in the project (to give his feedback) without any unreasonable delay after the Customer is asked for his consent by AIROC. The Customer is aware of the fact that denial of his timely and adequate consent (feedback) with the offered solution hinders AIROC from finishing the project successfully and within the set time frame. The Customer recognizes that the activities of AIROC within a project at the Customer have clear boundaries, set in the business proposal for the given project.
2. If the Customer does not (adequately) comply with the provisions of Article VIII. par. 1 or does not do so in time, the Customer will be in default, and AIROC shall be entitled to suspend the execution of the Agreement concerned and shall be entitled to reimbursement of the costs, damages and loss of earnings resulting from the default of the Customer, according to its usual prices and rates.
3. The Customer agrees to indemnify AIROC and shall hold AIROC harmless from and against all and any losses, damages, costs, expenses and claims, inquiries, judgments made by third parties, which AIROC, including but not limited to employees of AIROC, may suffer and incur arising out of or in any way in connection with any breach of any obligation, duty or undertaking under and pursuant to the Customer and/or his personnel.
4. The Customer is responsible for ensuring the Goods and Services are suitable for its requirements. The Customer shall be solely ...
Rights and Obligations of Customer. Customer represents that (a) it has full right and authority to enter into this Agreement; (b) it will not use the Service in any manner which is in violation of any law or governmental regulation, (c) the “Customer Data” (as hereinafter defined) will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right; (d) the Customer Data will not include indecent or obscene material or constitute a defamation or libel of TCC or any third party and will not result in the obligation of TCC to make payment or restitution of any kind of any third party licensing fees, (e) it will comply with all relevant export and encryption laws and regulations of any government laws, (f) use this service as a platform for gaining unauthorized access to or doing mischief on other systems, (g) bulk mailing or bulk postings to news, (h) tampering with or violating the privacy of other Customers’ files, (i) overuse of system resources including spawning and spamming excess processes or processes that persist continuously; and (j) hosting internet or FTP content. For purposes of this Section 4, “Customer Data” shall mean the text, data, images, sounds, photographs, illustrations, graphics, programs, code and other materials transmitted through the Service hereunder.
Rights and Obligations of Customer. (1) Customer is familiar with the scope and content of the LCI Databases and assumes the risk as to whether the LCI Databases meet Customer's needs. Customer shall clarify any questions with the help of employees of CM or qualified third parties before the conclusion of the contract.
(2) Upon Customer’s consent, CM may use Customer's company name and logo as a testimonial. Customer will not unreasonably withhold its consent.
Rights and Obligations of Customer. (a) Customer shall, at Customer’s expense, undertake all necessary preparation required to comply with SBB’s installation and maintenance instructions. Customer is responsible for obtaining IP addresses prior to order completion. All IP address space allocated or assigned by SBB is non- portable. Renumbering IP networks is considered a part of normal network management activities. All costs associated with all such renumbering activities, whether voluntary or involuntary, are solely the responsibility of Customer. Customer’s failure to obtain IP addresses prior to the installation and testing of Services does not release Customer from its obligation to accept such Services. In addition, if SBB supplies routers or other equipment to Customer as part of SBB Services (“Equipment”), Customer shall be responsible for the costs of relocation of such Equipment once installed by SBB, and shall provide to SBB and suppliers of communications lines reasonable access to Customer’s premises to maintain such Equipment or to perform any acts required by the Master Service Agreement and this Addendum.
Rights and Obligations of Customer. (a) The customer shall be entitled, subject to other terms and conditions in the Regulations and this Agreement to issue payment orders for execution by the bank. (b) Payment order shall be issued by the customer in the form annexed hereto, complete in all particulars. The customer shall be responsible for the accuracy of the particulars given in the payment order issued by him and shall be liable to compensate the bank for any loss arising on account of any error in his payment order.
