Services Not Included. It is not the intent of any Provider to render, nor of any Recipient to receive from any Provider, professional advice or opinions, whether with regard to Tax, legal, treasury, finance, employment or other business or financial matters, technical advice, whether with regard to information technology or other matters, or the handling of or addressing of environmental matters; no Recipient shall rely on, or construe, any Service rendered by or on behalf of a Provider as such professional advice or opinions or technical advice; and all Recipients shall seek all third-party professional advice or opinions or technical advice as it may desire or need.
Services Not Included. No Services provided under this Agreement shall be construed as accounting, legal or tax advice or shall create any fiduciary obligations on the part of any Provider or any of its Affiliates to any Person, including to the Recipient or any of its Affiliates, and the Recipient shall not rely on, or construe, any Services rendered by or on behalf of the Provider as such professional advice.
Services Not Included. Support services do not include any of the following: (1) custom programming services; (2) on-site support, including installation of hardware or any software; (3) support of any Software not covered by this agreement; or (4) training.
Services Not Included. The deployment of consultants at the CUSTOMER's premises and other services that go beyond the consultation of user questions and faults in connection with the tech- nical equipment and the on-going operation of the CLOUD SERVICE are not subject of the hotline services. The SUPPORT HOTLINE is not responsible for putting recording terminals or interfaces with external systems into operation. Furthermore, the SUPPORT HOTLINE cannot replace train- ing sessions on the operation, use and functions of the MODULES. COMPANY may invoice sep- arately for any expenses incurred by the SUPPORT HOTLINE due to intent or gross negligence on the part of CUSTOMER (e.g. improper entry of orders in MODULES, contrary to DOCUMEN- TATION and/or contrary to express instructions provided by the SUPPORT HOTLINE, etc.) in accordance with the valid price list as amended from time to time.
Services Not Included. Except as expressly set forth on a Schedule, it is not the intent of the Provider to render, nor of the Recipient to receive from the Provider, professional advice or opinions, whether with regard to Tax, legal, treasury, finance, employment or other business or financial matters, technical advice, whether with regard to information technology or other matters, or the handling of or addressing environmental matters; the Recipient shall not rely on, or construe, any Service rendered by or on behalf of the Provider as such professional advice or opinions or technical advice; and the Recipient shall seek all third-party professional advice or opinions or technical advice as it may desire or need.
Services Not Included. (a) Renewal and Warranty Support does not include or apply to any of the following: (i) making modifications to the Licensed Materials for Customer, (ii) user training (may include teacher/instructor training), (iii) consultation for new programs or equipment, (iv) hardware problems including any malfunction of hardware, or to any external causes affecting the Licensed Materials including the media upon which the Licensed Materials are provided such as accident disaster, electrostatic discharge, fire, flood, lighting, water or wind, or(v) corrections of errors attributable to software other then the Licensed Software. FLVS may charge Customer at its then applicable list price for providing such services. FLVS may also charge Customer at its then list price for analysis or removal of errors which are caused by improper operation or handling of the Licensed Materials or caused by circumstances unrelated to FLVS. Payment for these services shall be made by Customer within 30 days of invoicing by FLVS.
(b) The obligation to provide Renewal Services is subject to the following: (i) Renewal Services are only provided for the Licensed Course Content provided under this Agreement, (ii) if Customer ceases to pay for and receive Renewal Services and later requests Renewal Services, Customer will be required to pay to FLVS the Renewal Fees not paid during the period in which the service was discontinued, and (iii) FLVS has no obligation to provide Customer with any Renewal Services unless Customer has paid for the Renewal Services in advance as required hereunder, and (iv) FLVS has no obligation to provide renewal services if customer is unable to follow FLVS franchise policies and procedures as documented through an annual audit.
Services Not Included. The deployment of consultants at the CUSTOMER's premises and other services that go beyond the consultation of user questions and faults in connection with the technical equipment and the on-going operation of the CLOUD SERVICE are not subject of the hotline services. The SUPPORT HOTLINE is not responsible for putting recording terminals or interfaces with external systems into operation. Furthermore, the SUPPORT HOTLINE cannot replace training sessions on the operation, use and functions of the MODULES. COMPANY may invoice separately for any expenses incurred by the SUPPORT HOTLINE due to intent or gross negligence on the part of CUSTOMER (e.g. improper entry of orders in MODULES, contrary to DOCUMENTATION and/or contrary to express instructions provided by the SUPPORT HOTLINE, etc.) in accordance with the valid price list as amended from time to time.
Services Not Included. It is not the intent of the Provider to render, nor of the Recipient to receive from the Provider, professional advice or opinions, whether with regard to Tax, legal, treasury, finance, employment or other business and financial matters, technical advice, whether with regard to information technology or other matters, or the handling of or addressing environmental matters; the Recipient shall not rely on, or construe, any Service rendered by or on behalf of the Provider as such professional advice or opinions or technical advice; and the Recipient shall seek all third-party professional advice and opinions or technical advice as it may desire or need. Nothing in this Agreement shall require the Provider to perform or cause to be performed any Service to the extent that the manner of such performance would constitute a violation of: (a) applicable Law, (b) any of the terms, conditions or provisions of the Provider’s organizational documents or (c) any existing contract or agreement with a third party. Without limitation to the foregoing, nothing in this Agreement shall require the Provider to perform or cause to be performed any Service that would require (x) an amendment to the Provider’s organizational documents or (y) a change in the Provider’s legal form.
Services Not Included. It is not the intent of the Provider to render to the Recipient, nor of the Recipient to receive from the Provider, professional advice or opinions, whether with regard to Tax, legal, treasury, finance, employment or other business and financial matters, whether with regard to information technology or other matters, or the handling of or addressing environmental matters; and the Recipient shall not rely on, or construe, any Service rendered by or on behalf of the Provider as such professional advice or opinions or technical advice.
Services Not Included. The services set out in the Contract Particulars to be carried out in relation to the Project are not included in the Services and will be carried out by the Commonwealth or by other persons (including Other Contractors). The Site based Services must be performed subject to the restrictions in the Contract Particulars. This clause only applies if the Services include Project Management/Contract Administration Services. Without limiting clause 2.2(d), the Consultant must: use its best endeavours to ensure that the Project is completed in accordance with the Commonwealth's requirements for the lowest possible cost; review the cost plan(s) for the Project with the Commonwealth's Representative on a regular basis (including at all times required by the Commonwealth's Representative) to: ensure that the cost of the Project is in accordance with any cost plans for the Project approved by the Commonwealth; and advise the Commonwealth's Representative how the design or any other aspect of the Project could be modified to ensure that the cost of the Project is in accordance with approved cost plans; and initiate a system of cost control (to the satisfaction of the Commonwealth's Representative) throughout design and construction of the Project for the purposes of subparagraph (i) and (without limitation) advise the Commonwealth's Representative as to all alternative steps available where: the tenders for any package of work forming part of the Project exceed the amount included for that work in the relevant approved cost plan; or the out-turn cost incurred under any Project Contract exceeds (or appears likely to exceed) the amount included for that contract in the relevant approved cost plan. Without limiting paragraph (b), in performing the Services during the Planning Phase (if any), the Consultant must identify all project structuring, packaging, scoping, choice of delivery method, risk allocation, procurement, programming, costing and other issues which could have an effect on the out-turn cost of the Project.
