Common use of Services and Service Orders Clause in Contracts

Services and Service Orders. Subject to the terms and conditions of this Master Agreement (including, without limitation, Customer’s compliance with its obligations set forth in Section 6 herein), Vyve shall provide Customer with the Services at the address specified on the Service Order (the “Service Location”) pursuant to and in conformance with any Service Order accepted in accordance with this Section 2. Customer understands and agrees that certain Services may not be available in all Vyve service areas and that Vyve, upon entering into a Service Order with Customer may, at Vyve’s discretion, utilize one or more of its affiliates or another party to deliver the Services (“Third Party Services”). The Third Party Services may be subject to additional terms and conditions. Unless otherwise set forth on an applicable Service Order, Vyve shall use commercially reasonable efforts to provide the Services identified in a Service Order seven (7) days a week, twenty-four (24) hours a day, excluding scheduled maintenance, required repair and events beyond Vyve’s reasonable control. Vyve shall present Customer with a service order (either in electronic or print form) reflecting the Services requested by Customer pursuant to this Master Agreement (in the form provided or approved by Vyve or via a mutually agreed electronic order entry system). Upon Customer’s execution thereof, such service order(s), shall be deemed a “Service Order” hereunder and incorporated into, and made a part of, this Master Agreement by this reference upon the earlier of (i) Vyve’s acceptance of such service order in writing; or (ii) Vyve’s commencement of delivery of the Service(s) set forth in such Service Order. In the event Customer cancels a Service Order prior to Vyve actually delivering Service and Vyve incurs construction or installation charges in connection therewith, Customer shall reimburse Vyve for such charges actually incurred. Customer agrees that upon execution of a Service Order, Customer accepts and agrees to be legally bound by the terms and conditions set forth in such Service Order, this Master Agreement and Attachment hereto, the Business AUP and the other policies on Vyve’s website incorporated by reference herein and governing the Services to which Customer subscribes.

Services and Service Orders. Subject to the terms and conditions of this Master Agreement (including, without limitation, Customer’s compliance with its obligations set forth in Section 6 herein), Vyve shall provide Customer with the Services at the address specified on the Service Order (the “Service Location”) pursuant to and in conformance with any Service Order accepted in accordance with this Section 2. Customer understands and agrees that certain Services may not be available in all Vyve service areas and that Vyve, upon entering into a Service Order with Customer may, at Vyve’s discretion, utilize one or more of its affiliates or another party to deliver the Services (“Third Party Services”). The Third Party Services may be subject to additional terms and conditions. Unless otherwise set forth on an applicable Service Order, Vyve shall use commercially reasonable efforts to provide the Services identified in a Service Order seven (7) days a week, twenty-four (24) hours a day, excluding scheduled maintenance, required repair and events beyond Vyve’s reasonable control. Vyve shall present Customer with a service order (either in electronic or print form) reflecting the Services requested by Customer pursuant to this Master Agreement (in the form provided or approved by Vyve or via a mutually agreed electronic order entry system). Upon Customer’s execution thereof, such service order(s), shall be deemed a “Service Order” hereunder and incorporated into, and made a part of, this Master Agreement by this reference upon the earlier of (i) Vyve’s acceptance of such service order in writing; or (ii) Vyve’s commencement of delivery of the Service(s) set forth in such Service Order. In the event Customer cancels a Service Order prior to Vyve actually delivering Service and Vyve incurs construction or installation charges in connection therewith, Customer shall reimburse Vyve for such charges actually incurred. Customer agrees that upon execution of a Service Order, Customer Xxxxxxxx accepts and agrees to be legally bound by the terms and conditions set forth in such Service Order, this Master Agreement and Attachment hereto, the Business AUP and the other policies on Vyve’s website incorporated by reference herein and governing the Services to which Customer subscribes.

Services and Service Orders. Subject to the terms and conditions of this Master Agreement (including, without limitation, Customer’s compliance with its obligations set forth in Section 6 herein), Vyve shall provide Customer with the Services at the address specified on the Service Order (the “Service Location”) pursuant to and in conformance with any Service Order accepted in accordance with this Section 21.1. Customer understands and agrees The Parties anticipate that certain Services may not be available in all Vyve service areas and that Vyve, upon entering into a Service Order with Customer may, at VyveCustomer’s sole discretion, utilize one subscribe to Services supplied by Masergy, using written forms or more of its affiliates or another party to deliver the Services (“Third Party Services”)electronic documents specified by Masergy. The Third Party Services may be subject to additional terms and conditions. Unless otherwise set forth on an applicable Service Order, Vyve shall use commercially reasonable efforts to provide the Services identified in a Service Order seven (7) days a week, twenty-four (24) hours a day, excluding scheduled maintenance, required repair and events beyond Vyve’s reasonable control. Vyve shall present Customer with a service order (either in electronic or print form) reflecting the Services requested by Customer pursuant to this Master Agreement (in the form provided or approved by Vyve or via a mutually agreed electronic order entry system). Upon Customer’s execution thereof, such service order(s), shall be deemed a “Service Order” hereunder and incorporated into, and made a part of, this Master Agreement by this reference upon the earlier of (i) Vyve’s acceptance of such service order in writing; or (ii) Vyve’s commencement of delivery For each of the Service(s) set forth in such Service Order. In the event Customer cancels a Service Order prior to Vyve actually delivering Service and Vyve incurs construction or installation charges in connection therewith, Customer shall reimburse Vyve for such charges actually incurred. Customer agrees that upon execution of a Service Order, Customer accepts and agrees to be legally bound by the terms and conditions set forth in such Service Order, this Master Agreement and Attachment hereto, the Business AUP and the other policies on Vyve’s website incorporated by reference herein and governing the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form”), or (ii) assent to the terms of an electronic document delivered to Customer by Masergy containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by Masergy. Each Service Order Form shall be attached to this Master Service Agreement and be identified by letters of the alphabet or numbers or a combination thereof. A Service Order Form shall be effective upon acceptance of the Service Order Form by Masergy; provided, however, that Masergy reserves the right to reject a Service Order Form without liability at any time prior to acceptance by Masergy. Masergy shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the fees set forth in any Service Order Form do not include applicable Taxes (as defined in Section 3.7), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. All correspondence between the Parties shall be in the English Language. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP (as defined in Section 1.6), the terms of use (the “Terms of Use”) and the privacy policy (the “Privacy Policy”), each of which is incorporated by reference and available at xxx.xxxxxxx.xxx under Policies, any applicable SLA (as defined in Section 1.3) and any specific Service(s) documentation (a “Service Description”), available upon request. This Agreement shall supersede any and all prior agreements or understandings with respect to the Service described herein and comprises the full and final agreement of the Parties. In the event of any conflict between the various documents included in this Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Service Agreement, the SLA, the AUP, the Terms of Use, the Privacy Policy and any Service Description.

Services and Service Orders. Subject to the terms and conditions of this Master Agreement (including, without limitation, Customer’s compliance with its obligations set forth in Section 6 herein), Vyve shall provide Customer with the Services at the address specified on the Service Order (the “Service Location”) pursuant to and in conformance with any Service Order accepted in accordance with this Section 21.1. Customer understands and agrees The Parties anticipate that certain Services may not be available in all Vyve service areas and that Vyve, upon entering into a Service Order with Customer may, at VyveCustomer’s sole discretion, utilize one subscribe to Services supplied by MASERGY, using written forms or more of its affiliates or another party to deliver the Services (“Third Party Services”)electronic documents specified by MASERGY. The Third Party Services may be subject to additional terms and conditions. Unless otherwise set forth on an applicable Service Order, Vyve shall use commercially reasonable efforts to provide the Services identified in a Service Order seven (7) days a week, twenty-four (24) hours a day, excluding scheduled maintenance, required repair and events beyond Vyve’s reasonable control. Vyve shall present Customer with a service order (either in electronic or print form) reflecting the Services requested by Customer pursuant to this Master Agreement (in the form provided or approved by Vyve or via a mutually agreed electronic order entry system). Upon Customer’s execution thereof, such service order(s), shall be deemed a “Service Order” hereunder and incorporated into, and made a part of, this Master Agreement by this reference upon the earlier of (i) Vyve’s acceptance of such service order in writing; or (ii) Vyve’s commencement of delivery For each of the Service(s) set forth in such Service Order. In the event Customer cancels a Service Order prior to Vyve actually delivering Service and Vyve incurs construction or installation charges in connection therewith, Customer shall reimburse Vyve for such charges actually incurred. Customer agrees that upon execution of a Service Order, Customer accepts and agrees to be legally bound by the terms and conditions set forth in such Service Order, this Master Agreement and Attachment hereto, the Business AUP and the other policies on Vyve’s website incorporated by reference herein and governing the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form”), or (ii) assent to the terms of an electronic document delivered to Customer by MASERGY containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by MASERGY. Each Service Order Form shall be attached to this Master Service Agreement and be identified by consecutive letters of the alphabet or numbers. A Service Order Form shall be effective upon execution of the Service Order Form by both Parties; provided, however, that MASERGY reserves the right to reject a Service Order Form without liability at any time prior to acceptance by MASERGY. MASERGY shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the Service Order Form does not include applicable Taxes (as defined in Section 3.6), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP, the Terms of Service, the Privacy Policy and any applicable SLAs (as each is defined or identified herein). The Agreement shall supersede any and all prior agreements or understandings with respect to the Service described therein and comprise the full and final agreement of the Parties. In the event of any conflict between the various documents included in the Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Services Agreement, the SLA, the AUP, the Terms of Service, and the Privacy Policy (as those terms are defined herein).