STANDARDS AND REGULATIONS. 3.1. The Supplier shall at all times comply with the Health and Safety provisions, security requirements and personal conduct obligations, of any premises visited and shall exercise all due care and attention when visiting such premises. 3.2. The Supplier shall comply with all applicable national and local laws and regulations (including Data Protection Requirements) and obtain and maintain at its own cost throughout the duration of the Contract all the consents (including Data Protection Requirements), licences, permits and approvals which are necessary for the Supplier to perform its duties under this Contract and to enable the provision of the Ordered Services. 3.3. Without prejudice to the provisions of Clause 3.2, the Supplier shall ensure that he/she does not work in excess of the working time limits specified in the Working Time Regulations 1998. The Supplier shall maintain appropriate records regarding their working hours. Without prejudice to the obligations under this Clause 3.3, the Supplier shall make available to the Client any information of which it is aware concerning appointments held by an individual concurrently with the obligations of this Contract. 3.4. The Supplier shall be responsible for the administration and deduction of any income tax and national insurance in respect of payments made to such individuals, including in respect of any obligations under the Pay As You Earn system. The Supplier will, or procure that its Sub-Contractors will, account to the appropriate authorities for any income tax, national insurance (if any), VAT and all other liabilities, charges and duties arising out of any payment made to the Supplier under any Purchase Order. The Supplier will indemnify and keep indemnified the Client against any income tax, national insurance (if any), VAT or any other tax liability including any interest, penalties or costs incurred in connection with the same which may at any time be levied, demanded or assessed on the Client by any statutory Agency in respect of payments made to the Supplier. 3.5. Nothing in this Contract shall be construed or have effect as constituting any relationship of employer and employee between the Client and the Supplier or its Sub-Contractors. The Supplier shall indemnify and keep indemnified the Client, its officers, employees and agents against all actions, claims, demands, reasonable costs, charges and reasonable expenses incurred by or made against the Client, its officers, employees or agents arising out of or in connection with any services provided under any Purchase Order asserting that they are an employee of the Client or otherwise alleging any breach of any employment related legislation except where such claim arises as a result of any breach of obligations (whether contractual, statuary, at common law or otherwise).
Appears in 4 contracts
Samples: Contract for Services, Contract for Services, Contract for the Provision of Services
STANDARDS AND REGULATIONS. 3.1The SERVICE PROVIDER shall provide the Ordered Goods and meet its responsibilities and obligations hereunder in accordance with the Standards and Regulations as set out in Schedule 2-11 (“Standards and Regulations”). The Supplier SERVICE PROVIDER shall at all times discuss with the CUSTOMER any conflict that the SERVICE PROVIDER reasonably believes that there is or will be between any of the Standards or between any of the Standards and any other obligation under this Contract, and shall comply with the Health CUSTOMER's decision on the resolution of that conflict. The SERVICE PROVIDER acknowledges that: it has made and Safety provisions, security requirements shall make its own enquiries to satisfy itself as to the accuracy and personal conduct obligations, adequacy of any premises visited and shall exercise all due care and attention when visiting such premises.
3.2. The Supplier shall comply with all applicable national and local laws and regulations (including Data Protection Requirements) and obtain and maintain at its own cost throughout the duration information supplied to it by or on behalf of the Contract CUSTOMER; it has raised all relevant due diligence questions with the consents (including Data Protection Requirements), licences, permits CUSTOMER before the date of each applicable Order; and approvals which are necessary for the Supplier to perform its duties under it has entered into this Contract and shall enter into each Order solely in reliance on its own due diligence; if it shall have inspected any aspects of the CUSTOMER’s operations relating to enable the Ordered Goods then it shall advise the CUSTOMER of any aspect that is not suitable for the provision of the Ordered Services.
3.3. Without prejudice Goods and the specified actions to remedy those unsuitable aspects, together with a timetable for and the provisions costs of Clause 3.2those actions, the Supplier shall ensure that he/she does not work in excess of the working time limits which will all be specified in the Working Time Regulations 1998relevant parts of the Order regarding any preparation for receipt of the Ordered Goods. The Supplier shall maintain appropriate records regarding their working hours. Without prejudice If the SERVICE PROVIDER has either failed to conduct an inspection which would reasonably be required or failed to notify the obligations under this Clause 3.3, the Supplier shall make available to the Client any information of which it is aware concerning appointments held by an individual concurrently with the obligations of this Contract.
3.4. The Supplier shall be responsible for the administration and deduction CUSTOMER of any income tax and national insurance in respect required remedial actions that a reasonable inspection ought to have revealed then the SERVICE PROVIDER shall not be entitled to recover any additional costs or charges from the AUTHORITY relating to any aspects unsuitable to receipt of payments made to such individuals, including the Ordered Goods except in respect of any obligations under latent structural defect in the Pay As You Earn systemCUSTOMER’s premises. The Supplier will, or procure that its Sub-Contractors will, account onus shall be on the SERVICE PROVIDER to prove to the appropriate authorities for CUSTOMER that any income tax, national insurance (if any), VAT and all other liabilities, charges and duties arising out of any payment made work to the Supplier under any Purchase Order. The Supplier will indemnify and keep indemnified the Client against any income tax, national insurance (if any), VAT or any other tax liability including any interest, penalties or costs incurred in connection with the same which may at any time be levied, demanded or assessed on the Client by any statutory Agency CUSTOMER’s premises is required in respect of payments made a latent structural defect and that the additional costs or charges are reasonable and necessary. The SERVICE PROVIDER shall not incur such additional costs or charges without obtaining the CUSTOMER’s prior written consent. The CUSTOMER shall have the option of requiring a specific Quality Plan and Security Plan relevant to the Supplier.
3.5Ordered Goods be developed by the SERVICE PROVIDER and if so required the SERVICE PROVIDER shall develop such plans within twenty (20) Working Days of the date of this Contract. Nothing in The SERVICE PROVIDER shall obtain the CUSTOMER’s written approval of such plans before implementing them, which approval shall not be unreasonably withheld or delayed. The SERVICE PROVIDER acknowledges and accepts that the CUSTOMER's approval shall not act as an endorsement of these plans and shall not relieve the SERVICE PROVIDER of its responsibility for ensuring that the Ordered Goods are provided to the standard required by this Contract Contract. Any Changes to these plans shall be construed or have effect as constituting any relationship of employer and employee between agreed in accordance with the Client and the Supplier or its SubContract Change Procedure in Schedule 2-Contractors. The Supplier shall indemnify and keep indemnified the Client, its officers, employees and agents against all actions, claims, demands, reasonable costs, charges and reasonable expenses incurred by or made against the Client, its officers, employees or agents arising out of or in connection with any services provided under any Purchase Order asserting that they are an employee of the Client or otherwise alleging any breach of any employment related legislation except where such claim arises as a result of any breach of obligations 7 (whether contractual, statuary, at common law or otherwise“Contract Change Procedure”).
Appears in 1 contract
Samples: Telecommunications
STANDARDS AND REGULATIONS. 3.13.1 The SERVICE PROVIDER shall provide the Ordered Services and meet its responsibilities and obligations hereunder in accordance with the Standards and Regulations as set out in Schedule 2-12 (“Standards and Regulations”). The Supplier SERVICE PROVIDER shall at all times discuss with the CUSTOMER any conflict that the SERVICE PROVIDER reasonably believes that there is or will be between any of the Standards or between any of the Standards and any other obligation under this Contract, and shall comply with the Health CUSTOMER's decision on the resolution of that conflict.
3.2 The SERVICE PROVIDER acknowledges that:
3.2.1 it has made and Safety provisions, security requirements shall make its own enquiries to satisfy itself as to the accuracy and personal conduct obligations, adequacy of any premises visited and shall exercise all due care and attention when visiting such premises.
3.2. The Supplier shall comply with all applicable national and local laws and regulations (including Data Protection Requirements) and obtain and maintain at its own cost throughout the duration information supplied to it by or on behalf of the Contract CUSTOMER;
3.2.2 it has raised all relevant due diligence questions with the consents (including Data Protection Requirements), licences, permits and approvals which are necessary for CUSTOMER before the Supplier to perform its duties under date of each applicable Order; and
3.2.3 it has entered into this Contract and shall enter into each Order solely in reliance on its own due diligence;
3.2.4 if it shall have inspected any aspects of the CUSTOMER’s operations relating to enable the Ordered Services then it shall advise the CUSTOMER of any aspect that is not suitable for the provision of the Ordered Services and the specified actions to remedy those unsuitable aspects, together with a timetable for and the costs of those actions, which will all be specified in the relevant parts of the Order regarding any preparation for receipt of the Ordered Services. If the SERVICE PROVIDER has either failed to conduct an inspection which would reasonably be required or failed to notify the CUSTOMER of any required remedial actions that a reasonable inspection ought to have revealed then the SERVICE PROVIDER shall not be entitled to recover any additional costs or charges from the Authority relating to any aspects unsuitable to receipt of the Ordered Services except in respect of any latent structural defect in the CUSTOMER’s premises. The onus shall be on the SERVICE PROVIDER to prove to the CUSTOMER that any work to the CUSTOMER’s premises is required in respect of a latent structural defect and that the additional costs or charges are reasonable and necessary. The SERVICE PROVIDER shall not incur such additional costs or charges without obtaining the CUSTOMER’s prior written consent.
3.3 The CUSTOMER shall have the option of requiring a specific Quality Plan and Security Plan relevant to the Ordered Services be developed by the SERVICE PROVIDER and if so required the SERVICE PROVIDER shall develop such plans within twenty (20) Working Days of the date of this Contract. The SERVICE PROVIDER shall obtain the CUSTOMER’s written approval of such plans before implementing them, which approval shall not be unreasonably withheld or delayed. The SERVICE PROVIDER acknowledges and accepts that the CUSTOMER's approval shall not act as an endorsement of these plans and shall not relieve the SERVICE PROVIDER of its responsibility for ensuring that the Ordered Services are provided to the standard required by this Contract. Any Changes to these plans shall be agreed in accordance with the Contract Change Procedure in Schedule 2-7 (“Contract Change Procedure”).
3.4 Where specified and where applicable to the provision of the Ordered Services., the SERVICE PROVIDER shall apply the standard of care associated with the Impact Level and Protective Marking, if any, specified in Schedule 2-2, as notified to it by the CUSTOMER in endeavouring to ensure that:
3.33.4.1 the Ordered Services shall not be capable of being unlawfully intercepted within the meaning of the Regulation of Investigatory Powers Act 2000;
3.4.2 the data within the Ordered Services shall not be subjected to unauthorised access or modification within the meaning of the Computer Misuse Act 1990;
3.4.3 the Ordered Services shall only be provided over equipment and managed from premises situated within those countries specified in Schedule 2-2. Without prejudice For the avoidance of doubt “managing” in this context shall include the generation and transmission of communications data relating to the provisions Services as well as all aspects of Clause 3.2, technical support connected with the Supplier Services;
3.4.4 the Ordered Services shall ensure that he/she does not work be diversely routed into all the premises to which they are supplied unless expressly agreed to the contrary in excess writing by the CUSTOMER; and
3.4.5 the operator of any telecommunication system to which any communication transmitted as part of the working time limits specified in Ordered Services is sent by the Working Time Regulations 1998. The Supplier shall maintain appropriate records regarding their working hours. Without prejudice SERVICE PROVIDER applies no less stringent measures than are applied by the SERVICE PROVIDER to the obligations under this Clause 3.3, the Supplier shall make available to the Client any information of which it is aware concerning appointments held by an individual concurrently with the obligations of this ContractOrdered Services.
3.4. The Supplier shall be responsible for the administration and deduction of any income tax and national insurance in respect of payments made to such individuals, including in respect of any obligations under the Pay As You Earn system. The Supplier will, or procure that its Sub-Contractors will, account to the appropriate authorities for any income tax, national insurance (if any), VAT and all other liabilities, charges and duties arising out of any payment made to the Supplier under any Purchase Order. The Supplier will indemnify and keep indemnified the Client against any income tax, national insurance (if any), VAT or any other tax liability including any interest, penalties or costs incurred in connection with the same which may at any time be levied, demanded or assessed on the Client by any statutory Agency in respect of payments made to the Supplier.
3.5. Nothing in this Contract shall be construed or have effect as constituting any relationship of employer and employee between the Client and the Supplier or its Sub-Contractors. The Supplier shall indemnify and keep indemnified the Client, its officers, employees and agents against all actions, claims, demands, reasonable costs, charges and reasonable expenses incurred by or made against the Client, its officers, employees or agents arising out of or in connection with any services provided under any Purchase Order asserting that they are an employee of the Client or otherwise alleging any breach of any employment related legislation except where such claim arises as a result of any breach of obligations (whether contractual, statuary, at common law or otherwise).
Appears in 1 contract
Samples: Telecommunications
STANDARDS AND REGULATIONS. 3.1. The Supplier shall at all times comply with the Health and Safety provisions, security requirements and personal conduct obligations, of any premises visited and shall exercise all due care and attention when visiting such premises.
3.2. The Supplier shall comply with all applicable national and local laws and regulations (including Data Protection Requirements) and obtain and maintain at its own cost throughout the duration of the Contract all the consents (including Data Protection Requirements), licences, permits and approvals which are necessary for the Supplier to perform its duties under this Contract and to enable the provision of the Ordered Services.
3.3. Without prejudice to the provisions of Clause 3.2, the Supplier shall ensure that he/she does not work in excess of the working time limits specified in the Working Time Regulations 1998. The Supplier shall maintain appropriate records regarding their working hours. Without prejudice to the obligations under this Clause 3.3, the Supplier shall make available to the Client any information of which it is aware concerning appointments held by an individual concurrently with the obligations of this Contract.
3.4. The Supplier shall be responsible for the administration and deduction of any income tax and national insurance in respect of payments made to such individuals, including in respect of any obligations under the Pay As You Earn system. The Supplier will, or procure that its Sub-Contractors will, account to the appropriate authorities for any income tax, national insurance (if any), VAT and all other liabilities, charges and duties arising out of any payment made to the Supplier under any Purchase Order. The Supplier will indemnify and keep indemnified the Client against any income tax, national insurance (if any), VAT or any other tax liability including any interest, penalties or costs incurred in connection with the same which may at any time be levied, demanded or assessed on the Client by any statutory Agency in respect of payments made to the Supplier.
3.5. Nothing in this Contract shall be construed or have effect as constituting any relationship of employer and employee between the Client and the Supplier or its Sub-Contractors. The Supplier shall indemnify and keep indemnified the Client, its officers, employees and agents against all actions, claims, demands, reasonable costs, charges and reasonable expenses incurred by or made against the Client, its officers, employees or agents arising out of or in connection with any services provided under any Purchase Order asserting that they are an employee of the Client or otherwise alleging any breach of any employment related legislation except where such claim arises as a result of any breach of obligations (whether contractual, statuary, at common law or otherwise). MATERIAL BREACH If the Supplier:- does not, in the reasonable opinion of the Client Representative have the skills and experience required for the role of Supplier; or fails to follow reasonable instructions given by the Client’s Representative in the course of his or her work for the Client; or presents, in the reasonable opinion of the Client’s Representative, a risk to security; or presents, in the reasonable opinion of the Client’s Representative, a risk to the reputation of Her Majesty’s Government; or in the reasonable opinion of the Client’s Representative is in some other ways unsuitable for to which he has been assigned pursuant to any Purchase Order; then the Client may serve a notice on the Supplier requesting that the Supplier immediately cease activities under any Purchase Order. Upon receipt of a notice under Clause 4.1 the Supplier shall immediately cease all activities in connection with the Client’s instructions. Notwithstanding the foregoing, the Client may, at any time, deny access to the Client’s or its associates’ premises without giving any reason for doing so. Any activities performed prior to cessation under 4.1 shall be reimbursed on a quantum meruit basis.
Appears in 1 contract
STANDARDS AND REGULATIONS. 3.1. 3.1 The Supplier shall at all times comply with the Health and Safety provisions, security requirements and personal conduct obligations, of any premises visited and shall exercise all due care and attention when visiting such premises.
3.2. 3.2 The Supplier shall comply with all applicable national and local laws and regulations (including Data Protection Requirements) and obtain and maintain at its own cost throughout the duration of the Contract all the consents (including Data Protection Requirements), licences, permits and approvals which are necessary for the Supplier to perform its duties under this Contract and to enable the provision of the Ordered Services.
3.3. 3.3 Without prejudice to the provisions of Clause 3.2, the Supplier shall ensure that he/she does not work in excess of the working time limits specified in the Working Time Regulations 1998. The Supplier shall maintain appropriate records regarding their working hours. Without prejudice to the obligations under this Clause 3.33.3.3, the Supplier shall make available to the Client any information of which it is aware concerning appointments held by an individual concurrently with the obligations of this Contract.
3.4. 3.4 The Supplier shall be responsible for the administration and deduction of any income tax and national insurance in respect of payments made to such individuals, including in respect of any obligations under the Pay As You Earn system. The Supplier will, or procure that its Sub-Contractors will, account to the appropriate authorities for any income tax, national insurance (if any), VAT and all other liabilities, charges and duties arising out of any payment made to the Supplier under any Purchase Order. The Supplier will indemnify and keep indemnified the Client against any income tax, national insurance (if any), VAT or any other tax liability including any interest, penalties or costs incurred in connection with the same which may at any time be levied, demanded or assessed on the Client by any statutory Agency in respect of payments made to the Supplier.
3.5. 3.5 Nothing in this Contract shall be construed or have effect as constituting any relationship of employer and employee between the Client and the Supplier or its Sub-Contractors. The Supplier shall indemnify and keep indemnified the Client, its officers, employees and agents against all actions, claims, demands, reasonable costs, charges and reasonable expenses incurred by or made against the Client, its officers, employees or agents arising out of or in connection with any services provided under any Purchase Order asserting that they are an employee of the Client or otherwise alleging any breach of any employment related legislation except where such claim arises as a result of any breach of obligations (whether contractual, statuary, at common law or otherwise).
Appears in 1 contract