Subcontracting conditions Sample Clauses

Subcontracting conditions. For the purposes of this regulation, subcontracting CONDITIONS are those services that directly relate to the provision of the main service. This does not include ancillary services that the contractor uses, for example, as telecommunication services, postal/transport services, maintenance and user services as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing systems. However, the Agent is obliged to take appropriate and legally compliant contractual agreements and control measures in order to ensure data protection and data security of the Principal's data, even with outsourced ancillary services. The subcontractors are described in Annex 1.
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Subcontracting conditions. 6.1. If the contractor uses the services of a subcontractor to carry out certain processing activities in the name of the principal, he must give the subcontractor in form of a contract or other legal instrument permitted by the GDPR the same data protection obligations to which the contractor has committed in this DP Agreement (in particular with regard to the compliance with instructions, observance of TOMs, providing information and toleration of controls). In addition, the contractor must carefully select the subcontractor, examine his reliability and monitor his compliance with the contractual and legal requirements (Article 28 (2) and (4) GDPR). Without prejudice to any limitations imposed by the main contract, the principal expressly agrees that the contractor may use subcontractors as part of order processing. 6.2. The subcontracting conditions already existing at the conclusion of this DP Agreement are specified by the contractor on the website at xxxxx://xxx.xxx00.xx/en/annex-subcontractors/ and are deemed approved by the contractor. 6.3. The contractor will inform the principal regarding to any changes with the subcontractors on the website at xxxxx://xxx.xxx00.xx/en/annex-subcontractors/ , which are relevant to order processing. Here, the principal has the opportunity to subscribe to updates via email. The principal shall exercise his right to object regarding to the changes or new subcontractors only in accordance with the principles of good faith as well as the appropriateness and equity. 6.4. Contractual relationships in which the contractor uses the services of third parties as a mere ancillary service to carry out his business activities (e.g. cleaning, guarding or transport services) do not constitute subcontracting processing within the meaning of the above provisions of this DP Agreement. Nevertheless, the processor has to ensure, e.g. by contractual agreements or notes and instructions that the security of the data is not jeopardized and the provisions of this DP Agreement and the data protection regulations are observed.
Sample 1
Subcontracting conditions. 6.1 Subcontracting is only permitted in individual cases with the written consent of the client. Subcontracting for the purposes of this contract are only those services that are directly related to the provision of the main service. Additional services such as transport, maintenance and cleaning as well as the use of telecommunication services or user services are not included. The obligation of the contractor to ensure compliance with data protection and data security in these cases remains unaffected. 6.2 Approval is only possible if the subcontractor has been contractually subject to at least data protection obligations that are comparable to those agreed in this contract. Upon request, the client will be given access to the relevant contracts between contractor and subcontractor. 6.3 The rights of the client must also be exercised effectively against the subcontractor. In particular, the client must be entitled to carry out inspections at subcontractors at any time, to the extent specified here, or have them carried out by third parties. 6.4 The responsibilities of the contractor and the subcontractor must be clearly differentiated. Subcontracting by the subcontractor is not permitted. The contractor carefully selects the subcontractor, paying particular attention to the suitability of the technical and organizational measures taken by the subcontractor. 6.5 The forwarding of data processed in the order to the subcontractor is only permitted if the contractor has documented that the subcontractor has completely fulfilled his obligations. The contractor must submit the documentation to the client without being requested to do so. 6.6 The commissioning of subcontractors who do not exclusively carry out processing operations on behalf of the territory of the EU is only possible if the conditions specified in this contract are observed. In particular, it is only permissible if and as long as the subcontractor offers adequate data protection guarantees. The contractor shall inform the client which concrete data protection guarantees the subcontractor offers and how proof of this can be obtained. 6.7 The contractor must regularly check compliance with the obligations of the subcontractor, at the latest every 12 months. The test and its result must be documented in such a meaningful way that they are comprehensible to a knowledgeable third party. The documentation must be presented to the client without being requested. If the subcontractor fails to fulfill ...
Sample 1
Subcontracting conditions. (1) The Contractor shall be entitled to assign the subcontractors specified in Annex 1 to this Contract for the processing of data on behalf of the Contractor. Changing subcontractors or commissioning further subcontractors is permissible under the conditions specified in paragraph 2. (2) The Contractor shall carefully select the subcontractor and verify before handing out an assignment that the subcontractor is able to comply with the agreements made between the Client and the Contractor. In particular, the Contractor shall check in advance and regularly during the term of the contract that the subcontractor has taken the technical and organizational measures required under Art. 32 GDPR to protect personal data. The Contractor shall inform the Client in writing of any plans to change a subcontractor or any plans to commission a new subcontractor early enough but no later than 4 weeks before the change or the new commissioning ("Information"). The Client shall have the right to object in writing to the change or the new assignment of a subcontractor within three weeks after receipt of the "Information", stating the reasons. The objection may be withdrawn by the Customer in writing at any time. In the event of a contradiction, the Contractor may terminate the contractual relationship with the Client with a notice period of at least 14 days to the end of a calendar month. The Contractor shall reasonably consider the interests of the Client in the notice period. If no objection is made by the Customer within three weeks after receipt of the "Information", this shall be deemed to be the Customer's consent to the change of a subcontractor or the new assignment of the subcontractor in question. (3) The Contractor shall be obliged to have the subcontractor confirm that the latter has appointed a company data protection officer in accordance with Art. 37 DSGVO, provided that the subcontractor is legally required to appoint a data protection officer. (4) The Contractor shall ensure that the provisions agreed in this Contract and, if applicable, any supplementary instructions of the Customer also apply to the subcontractor. (5) The Contractor shall sign with the subcontractor a contract processing agreement that complies with the requirements of Art. 28
Sample 1

Related to Subcontracting conditions

  • Safe Working Conditions The Employer undertakes to maintain office furniture, equipment, etc., in a practical and safe condition in order to avoid injury to employees or damage to their attire. Employees, for their part and in their own interest, are expected to advise the Employer of any such potentially injurious equipment.

  • GENERAL WORKING CONDITIONS Section 18-1. Employment begins and ends at each project site. Section 18-2. The selection of craft foremen and/or general foremen and the number of foremen required shall be entirely the responsibility of the Employer, it being understood that in the selection of such foremen and/or general foremen the Employer will give primary consideration to the qualified individuals available in the local area. After giving such consideration, the Employer may select such individuals from other areas. All foremen shall take orders from the designated Employer representatives. Craft foremen shall be designated working foremen at the request of the Employer. Section 18-3. There shall be no limit on production by employees nor restrictions on the full use of tools or equipment. Employees using tools shall perform any of the work of the trade and shall work under the direction of the craft foremen. There shall be no restrictions on efficient use of manpower other than as may be required by safety regulations. Section 18-4. Employees shall be at their place of work at the starting time and shall remain at their place of work performing their assigned functions under the supervision of the Employer until quitting time. The parties reaffirm their policy of a fair day’s work for a fair day’s wage. Section 18-5. All equipment assigned to a project shall be under the control of the Employer. The Employer shall have the right to determine how many pieces of equipment an individual employee shall operate. In an emergency, foremen shall operate any equipment assigned by the Employer, and there shall be no restriction on foremen in the use of the tools of his or her craft in such emergency. The foremen shall be from the craft normally operating the equipment. In accordance with currently recognized craft jurisdiction, the Employer shall determine the assignment of employees to start, stop, and maintain small portable construction equipment. Such work may be assigned to craft employees within a reasonable distance of their primary duties or an employee may be assigned full time to start, stop and maintain the Employer’s small, portable equipment on the job site. There shall be no over xxxxxxx of this type of equipment. The number of employees assigned to rigging and scaffolding operations shall be at the sole discretion of the Employer. The ratio of journeyperson to welders shall be determined solely by the Employer. Section 18-6. The Employer may utilize the most efficient methods or techniques of construction, tools or other labor saving devices to accomplish the work. Practices not a part of the terms and conditions of this Agreement, stand by crews and feather bedding practices will not be recognized. Section 18-7. It is recognized that specialized or unusual equipment may be installed and/ or serviced by individuals who have special training, skill, or qualifications and are not covered by this Agreement. Testing, inspection, or service performed on plant equipment under warranty may be performed by the vendor’s personnel. Section 18-8. Neither the Union nor its local unions shall coerce or in any way interfere with the Owner’s personnel, operation or facilities at the plant site. The Owner’s right to contract directly with other companies for work at the plant site shall not be limited, and the Union shall cooperate and not interfere with the Employer’s operations. Section 18-9. It is agreed that overtime is undesirable and not in the best interest of the industry or the employees; therefore, except in unusual circumstances, overtime will not be worked. Where unusual circumstances do exist, however, the Employer will have the right to assign specific employees and/or crews to perform such overtime work as is necessary to accomplish the job. Section 18-10. There will be no rest periods, organized coffee breaks or other non-working time established during working hours. Section 18-11. Individual seniority shall not be recognized or applied to employees working on projects under this Agreement. Section 18-12. The Employer shall establish such reasonable project rules as the Employer deems appropriate. These rules will be reviewed at the pre-job conference and posted at the project site by the Employer, and may be amended thereafter as necessary.

  • Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.

  • WORKING CONDITIONS 9.01 Lunch periods shall be at mid-shift. 9.02 The Employer shall allow each employee two (2) breaks of ten (10) minutes each, but not more in a work shift. Time of breaks shall be mutually agreed upon. 9.03 Essential protective clothing including welder’s gloves, protective vests or leather jackets, noise abatement devices, and rainwear shall be supplied at no charge to the employee. In the event that an employee does not return the foregoing items supplied to him by the Employer, the Employer shall charge the cost of same to the employee and deduct this cost from any money owing to the employee. 9.04 Chemical or flush toilets shall be provided from the commencement of work on all jobs. Where the sewer or chemical toilets are not available, sanitary toilet facilities shall be provided as called for in local sanitary regulations. Toilet houses shall be painted, at least on the inside, and cleaned out daily. Toilet paper will be provided. 9.05 Where there is no running tap water available, drinking water in approved sanitary containers shall be provided. Paper cups will be supplied. Salt tablets shall be supplied during the summer months. 9.06 If requested by the Union or employee, the Employer will provide within three (3) calendar days, a termination slip which shall state the reason for the employee’s termination and whether or not he is eligible for rehire. 9.07 Adequate time will be allowed prior to quitting time for picking up tools. 9.08 A lock-up shall be provided for employees for drying clothes, and dressing room, as well as lunch room. The lock-up shall have tables, and benches with provision for drying clothes. Such lock-up shall have windows and venting with adequate lighting and provision for continuous heat twenty-four (24) hours a day. The Employer shall be responsible for having the lock-up cleaned out daily and kept cleared of building material and other construction paraphernalia. Additional shelters shall be provided for employees to eat their lunch as may be required. 9.09 In case of fire or burglary on property or premises provided by the Employer, the Employer shall protect the value of an employee’s work clothes up to a total of three hundred and fifty dollars ($350.00). The Employer shall also provide fire and burglary insurance for the employees required tools to a total value of the tools, tool for tool, make for make, provided an inventory of tools and clothing is filed with the Employer. The Employer shall supply the required forms and obtain the inventory from each employee. The employee shall receive a signed copy of the inventory from the Employer. Coverage will commence at the date of the filing of the inventory with the Employer. Where an employee fails to file an inventory his rights to submit a claim shall be waived. (a) All mechanics, welders, servicemen, tire servicemen, drill doctors, steel sharpeners, bodymen painters, and mechanics and welder apprentices who request coveralls shall have these supplied and cleaned by the Employer. There shall be one change a week available in the employee’s proper size. Employees are expected to take reasonable care of coveralls supplied. In the event that an employee does not return the coveralls supplied to him by the Employer, the Employer shall charge the cost of same to the employee and deduct this cost from any monies owing to the employee. When requested, coveralls shall be supplied on a temporary basis to employees who assist on work as described above, or where the Employer and the Union mutually agree that coveralls are required. (b) Employees entitled to receive coveralls as provided herein may obtain an additional change of coveralls in any one week providing the condition of the coveralls requires a change. The shop xxxxxxx shall use discretion in authorizing the additional change. (c) All shops shall provide adequate clean-up facilities. 9.11 The Employer shall pay the cost of obtaining operators’ licences other than those required under the Motor Vehicles Act for employees covered by this Agreement. 9.12 No employee will be permitted to use his own motor vehicle in a manner which is unfair to other members or against the best interest of the Union. 9.13 Each employee being terminated will be given one (1) hour’s notice of termination by the Employer or one (1) hour’s pay allowed in lieu thereof. Heavy duty mechanics and apprentice mechanics may utilize this hour to gather together their tools and put them in shape for their next job. 9.14 When a mechanic leaves the employ of the Employer, the Employer shall be required to pay cost of shipping mechanic’s tools. Tools shall be shipped within forty-eight (48) hours of his leaving his employment, subject to the same conditions as govern transportation. When an Operating Engineer elects to transport his own tools to and from the jobsite, the employee shall be paid the rate of two dollars and seventy-five cents ($2.75) per one hundred (100) pounds per one hundred (100) miles. (e.g. $2.75 x 528 pounds x 273 miles = $39.64). Where the Employer fails to comply with the above, the employee shall be deemed to be still on the payroll of the Employer and shall receive his usual wages and all other conditions of this Agreement until there is compliance with these provisions. 9.15 Where an employee is involved in an accident while on the job and as a result is unable to perform his work, he shall receive a full day’s pay for the day of the accident.

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.

  • Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

  • Service Conditions Customer acknowledges that in the event of a service issue, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Current Acceptable Use Policy can be found here: xxxx://xxx.xxxxxxxxx.xxx/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to xx@xxxxxxxxx.xxx.

  • TEACHING CONDITIONS The parties recognize that optimum school facilities for both student and teacher are desirable to insure the high quality of education that is the goal of both the Association and the Board. It is also acknowledged that the primary duty and responsibility of the teacher is to teach and that the organization of the school and school day should be directed toward ensuring that the energy of the teacher is primarily utilized to this end.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Unsafe Work Conditions No Employee shall be disciplined for refusal to work on a job which in the opinion of: (a) A member of a safety committee; or (b) A person designated by a safety committee; or (c) A safety officer after an on-site inspection and following discussion with a representative of the Employer, does not meet the standards established pursuant to the Workers' Compensation Act.

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