Common use of Set Up Services Clause in Contracts

Set Up Services. 5.1 Where the Supplier has agreed to provide Set-up Services pursuant to a Statement of Work, the Supplier shall use reasonable endeavours to perform the Set-up Services in accordance with the timetable agreed between the parties, but any such dates shall be estimates only, and time shall not be of the essence in this regard. 5.2 When the Supplier considers that the Set-up Services have been provided and the relevant Services are ready for activation it shall so notify the Customer. Within five Business Days of such notification the Customer shall review the operation of the Services to confirm that they function in material conformance with the Services Specification. If the Services fail in any material respect to conform with the Services Specification, the Customer shall give the Supplier a detailed description of any such non-conformance (“Error”) in writing, within the five Business Days review period. 5.3 The Supplier shall use reasonable endeavours to correct any Error within a reasonable time and, on completion, re-submit the Services to the Customer. The provisions of clause 5.2 and this clause 5.3 shall then apply again, up to three additional times. If the Supplier is unable to correct the Error after three attempts, either party may terminate the applicable Statement of Work with immediate effect by giving written notice to the other party, without further liability to the other. 5.4 If the Services are found to conform with the Services Specification or if the Customer does not provide any written comments within the five Business Day review period described in clause 5.3, the Services shall be deemed accepted as from the date of the notification or expiry of the five Business Day review period.