Supplier’s Obligations. 6.1. The Supplier shall perform the Services substantially in accordance with the Service Definition Document and with reasonable skill and care. 6.2. Clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1. Notwithstanding the foregoing, the Supplier: 6.2.1. does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and 6.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement. 6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 4 contracts
Samples: Secure Platform as a Service Agreement, Software as a Service Agreement, Testing Service Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-freefree due to the fact we allow custom changes and us a third party hosting provider; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 3 contracts
Samples: Software as a Service (Saas) Agreement, Services Agreements, Software Subscription Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document and Documentation, with reasonable skill and care.
6.2. Clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agentsand in accordance with all applicable laws and regulations. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in this clause 6.1.
6.2 The Supplier shall not be responsible for any non-conformance of the Services with clause 6.1, which is caused by use of the Services contrary to the Documentation, not in accordance with this agreement, or any modification or alteration of the Services by any party other than the Supplier or the Supplier’s duly authorised contractors or agents. Notwithstanding the foregoingIn addition, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services substantially will be performed in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised Authorized contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable endeavours commercial endeavors to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.3 The Supplier warrants that it has and will maintain all necessary licenceslicenses, consents, and permissions necessary for the performance of its obligations under this agreement, and
5.4 shall comply with all applicable laws and regulations with respect to its activities under this Agreement.
Appears in 2 contracts
Samples: Software as a Service (Saas) Agreement, Software License & Service Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or Services or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-error- free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer or any Authorised User through the Services will meet the Customer's or any Authorised User's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements Agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 2 contracts
Samples: Supply of Services Agreement, Supply of Services Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's or the Authorised Users' use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation, Applications and/or the information obtained by the Customer or Authorised Users through the Services will meet the Customer's or the respective Authorised User's requirements; and;
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services Services, Applications and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and
(c) does not provide investment advice and any information provided by the Supplier and/or output of the Applications should not be regarded or used as such. Any investment advice should be obtained from a third party.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Proposal and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the 7.1.
7.3 The Supplier:
6.2.1. 7.3.1 does not warrant that that:
7.3.1.1 the Customer's use of the Services will be uninterrupted or error-free; or that or
7.3.1.2 the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 7.3.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.4 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.5 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
7.6 The Supplier shall follow its archiving procedures for Customer Data in effect at that time. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy against the Supplier shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier in accordance with such archiving procedures. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Customer Data maintenance and back-up for which it shall remain fully liable.
Appears in 2 contracts
Samples: Software as a Service Subscription Agreement, Software as a Service Customer Subscription Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If Save as set out in this Clause 7.2, if the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. .
7.3 Notwithstanding the foregoingforegoing Clauses 7.1 and 7.2, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.4 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.5 The Supplier warrants supplier shall provide the customer with the level of support agreed in Schedule 1 of the Order Form that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under is viewed in conjunction with this agreement. Should the Customer wish to upgrade support to a defined Service Level Agreement related to actual response times, this can be purchased for an additional cost, dependent on requirements.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
5.5 The Supplier shall make the Customer aware of any change to the Supplier Account Manager.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services substantially will be performed in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised Authorized contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable endeavours commercial endeavors to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.3 The Supplier warrants that it has and will maintain all necessary licenceslicenses, consents, and permissions necessary for the performance of its obligations under this agreement, and
6.4 shall comply with all applicable laws and regulations with respect to its activities under this Agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software License Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Software Service Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the RDC Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the RDC Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the RDC Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the RDC Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the 5.1.
5.3 The Supplier:
6.2.1. 5.3.1 does not warrant that that:
5.3.1.1 the Customer's use of the RDC Services will be uninterrupted or error-free; or ;
5.3.1.2 that the RDC Services, Service Definition Document Documentation and/or the information obtained by the Customer through the RDC Services will meet the Customer's requirements; and;
6.2.2. 5.3.1.3 the Software or the RDC Services will be free from Vulnerabilities;
5.3.1.4 the Software, Documentation or RDC Services will comply with any Heightened Cybersecurity Requirements.
5.3.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the RDC Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.4 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.5 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Terms and Conditions for the Supply of Api Services
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.. Outcomes from the Customer’s use of the Services shall be delivered to the electronic location(s) as may be notified to the Supplier and agreed from time to time.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement 5.3 Nothing in these terms shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementhereunder.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementobligations.
Appears in 1 contract
Samples: Terms and Conditions
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 6.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.,
Appears in 1 contract
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.17.1. The Supplier shall perform may modify or update the Services substantially Products from time to time without materially reducing or degrading their overall functionality. The Supplier may modify the terms of this Agreement from time to time by posting a modified version on the Service listing page on the Third Party Marketplace or by notifying the Customer in accordance with the Service Definition Document and with reasonable skill and careClause 26 (“Notices”).
6.27.2. Clause 6.1 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer Products contrary to the Supplier's instructions, or modification or alteration of the Services Products by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services Products do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1.
7.3. Notwithstanding the foregoing, the Without prejudice to clause 7.1 The Supplier:
6.2.1. (a) does not warrant that that:
(i) the Customer's use of the Services Products will be uninterrupted or error-free; or that ;
(ii) the ServicesProducts, Service Definition Document Documentation and/or the information obtained by the Customer through the Services Products will meet the Customer's requirements; andor
6.2.2. (iii) the Products or the Products will be free from Vulnerabilities.
(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services Products and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.37.4. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.47.5. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software License Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the applicable Service Definition Document Schedule, the Documentation and with reasonable skill and care.
6.2. 6.2 The undertaking at Clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Documentation or Supplier's express instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause the undertaking set out in Clause
6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services Services, will be uninterrupted or error-free; or nor that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Managed Service Agreement
Supplier’s Obligations. 6.1.
8.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.care.
6.2. Clause 6.1 8.2 The undertaking at clause 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of undertaking at clause 6.18.1, the Supplier will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.18.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-error- free; or that the Services, Service Definition Document and/or Services or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 8.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 8.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. The Supplier shall perform 7.1 Kairos undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierKairos's instructions, or modification or alteration of the Services by any party other than the Supplier Kairos or the SupplierKairos's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the SupplierKairos:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement Agreement shall not prevent the Supplier Kairos from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. The Supplier 7.4 Kairos warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Terms and Conditions
Supplier’s Obligations. 6.1. The Supplier shall perform the Services substantially in accordance with the Service Definition Document and with reasonable skill and care.care.
6.2. Clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. The Supplier shall perform 7.1 CHL undertakes that the Services will be performed substantially in accordance with the Service Definition Document Order and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierCHL's instructions, or modification or alteration of the Services by any party other than the Supplier CHL or the SupplierCHL's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the SupplierCHL:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Order and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Order may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier CHL from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier 7.4 CHL warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Cloud Terms of Service
Supplier’s Obligations. 6.1. 4.1 The Supplier shall perform will provide the Configuration Services, the Hosting Services, the Maintenance and Support Services and (if so requested) the Training Services.
4.2 The Supplier undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.1 4.3 The undertaking at clause 4.2 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. 4.2.
4.4 Notwithstanding the foregoing, the Supplier:
6.2.1. 4.4.1 does not warrant that the Customer's use of the Services or the Software will be uninterrupted or error-free; or that the Services, Service Definition Document and/or results or the information obtained by the Customer through the Services or the Software will meet the Customer's requirements; and
6.2.2. 4.4.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 4.5 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 4.6 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
5.1 The Customer shall:
5.1.1 provide the Supplier with:
(a) all necessary co-operation in relation to this agreement; and
(b) all necessary access to such information as may be required by the Supplier; in order to provide the Services, including but not limited to Customer Data, security access and configuration information;
5.1.2 comply with all applicable laws and regulations with respect to its activities under this agreement;
5.1.3 carry out all other Customer responsibilities set out in this agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary;
5.1.4 ensure that the Authorised Users use the Services in accordance with the terms and conditions of this agreement and shall be responsible for any Authorised User’s breach of this agreement;
5.1.5 obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this agreement, including without limitation the Services;
5.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; and
5.1.7 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.
Appears in 1 contract
Samples: Software Service Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilitiesfacilities that are not provided by the Supplier, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
5.5 The Supplier shall make the Customer aware of any change to their nominated account manager.
5.6 The Supplier shall not, access, store, distribute or transmit any Viruses via the Services.
Appears in 1 contract
Samples: Order Comms Terms & Conditions
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software as a Service (Saas) Subscription Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation supplied, and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Terms and Conditions
Supplier’s Obligations. 6.1. 7.1 The Supplier undertakes that it shall perform procure that the Services substantially System performs in accordance the manner for which it was developed and in reasonable compliance with the Service Definition Document and with reasonable skill and carevarious functions demonstrated to the Client prior to the date of this agreement.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer System contrary to the Supplier's instructions, or modification or alteration of the Services System by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer Client with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the CustomerClient's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the CustomerClient's use of the Services System will be uninterrupted or error-free; or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services System will meet the CustomerClient's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer Client acknowledges that the Services and Service Definition Document System may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products systems and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: System Subscription Agreement
Supplier’s Obligations. 6.1. o The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2The Supplier may modify or update the Services from time to time without materially reducing or degrading its overall functionality. The Supplier may modify the terms of this Agreement from time to time by posting a modified version on the Service listing page on the Third-Party Marketplace or by notifying the Customer in accordance with Clause 6.1 26 (“Notices”). o The undertaking at clause 1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the o The Supplier:
6.2.1. : does not warrant that that: the Customer's ’s use of the Services will be uninterrupted or error-error- free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2or the Software or the Services will be free from Vulnerabilities. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. o This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: End User License Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 6.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement. The Customer shall:
7.1.1 provide the Supplier with:
(a) all necessary co-operation in relation to this Agreement; and
(b) all necessary access to such information as may be required by the Supplier; in order to provide the Services, including but not limited to Customer Data, security access information and configuration services;
7.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;
7.1.3 carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary;
7.1.4 ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of this Agreement and shall be responsible for any Authorised User's breach of this Agreement;
7.1.5 obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Services;
7.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; and
7.1.7 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.
Appears in 1 contract
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of undertaking at clause 6.15.1, the Supplier will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-error- free; or that the Services, Service Definition Document and/or Services or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Supplier’s Obligations. 6.17.1. The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.27.2. Clause 6.1 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.17.2.1. does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.27.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.37.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.47.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document ; Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. The 7.4 Subject to those licences, consents and permissions that the Customer is to obtain and maintain in accordance with clause 8.1.5, the Supplier warrants that it has and will maintain all other necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.11.7.1. The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.21.7.2. Clause 6.1 The undertaking at Schedule 2, paragraph 1.7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for i) does not warrant, accept any breach of clause 6.1. Notwithstanding liability (to the foregoing, the Supplierfullest extent permitted by applicable law) or otherwise commit that:
6.2.1. does not warrant that a) the Customer's use of the Services will be uninterrupted or available, uninterrupted, error-freefree secure, accurate, reliable or complete;
b) that the Services will meet any particular performance or availability criteria;
c) your content will not be lost or damaged;
d) errors will be corrected or any particular support requests will be resolved to meet your needs; or or
e) that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and.
6.2.2. ii) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including including, but not limited to, the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software License Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services substantially will be provided with reasonable skill and care and in accordance with the Service Definition Document and with reasonable skill and careLevel Agreement.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If The Supplier’s obligations to maintain the Services do not conform with pursuant to the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Service Level Agreement constitute the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Service Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause the undertaking set out in clause
6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Contract shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementContract.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementContract.
Appears in 1 contract
Samples: Service Agreement
Supplier’s Obligations. 6.1. The 5.1 Subject to clause 5.2, the Supplier shall perform warrants that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 5.2 The warranty at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use reasonable endeavours endeavour to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the warranty set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
5.5 The Supplier shall make the Customer aware of any change to the Supplier Account Manager.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. The Supplier shall perform 8.1 Acea undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 8.2 The undertaking at clause 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's Acea’s instructions, or modification or alteration of the Services by any party other than the Supplier Acea or the Supplier's Xxxx’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:8.1.
6.2.1. 8.3 Acea does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-error- free; , or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and.
6.2.2. 8.4 Acea is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement 8.5 The Agreement shall not prevent the Supplier Acea from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementthese Conditions.
6.4. The Supplier 8.6 Acea warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementthese Conditions.
Appears in 1 contract
Samples: Subscription Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised authorized contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable endeavours commercial endeavors to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that that:
(i) the Customer's use of the Services will be uninterrupted or error-free; or that ;
(ii) the Services, Service Definition Document Documentation and/or the information obtained by the Customer or any End-User through the Services will meet the Customer's or any End-User's requirements; or
(iii) the Platform or the Services will be free from Vulnerabilities or Viruses; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 7.4 Unless agreed in writing the Supplier's Marks shall not appear on those parts of the Platform that are accessible to End Users.
7.5 The Supplier warrants that it has and will maintain all necessary licencesshall not be responsible for any loss, consentsdestruction, and permissions necessary for the performance alteration or disclosure of its obligations under this agreementCustomer Content or any Mining Pool Application caused by any third party.
Appears in 1 contract
Samples: Platform as a Service Agreement
Supplier’s Obligations. 6.1. The Supplier 6.1 MY DIGITAL shall perform provide the Services with effect from the Effective Date on and subject to the terms of this contract.
6.2 In supplying the Services, MY DIGITAL shall provide the Services:-
(a) substantially in accordance with the Service Definition Document and Documentation; and
(b) with reasonable skill and care.
6.2. Clause 6.1 6.3 The undertaking at clause 6.2 shall not apply to applyto the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierMY DIGITAL's instructions, or modification or alteration of the Services by any party other than the Supplier MY DIGITAL or the SupplierMY DIGITAL's duly authorised contractors or agents. If the Services theServices do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier MY DIGITAL will, at its expenseitsexpense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer theCustomer with an alternative means of accomplishing ofaccomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.16.2. Notwithstanding the foregoing, the SupplierMY DIGITAL:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information theinformation obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and networksand facilities, including the internet, and the andthe Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
(c) does not warrant that the Services will be free from Viruses (but it will use industry standard software to detect and eradicate Viruses, where reasonably possible).
6.3. 6.4 This agreement contract shall not prevent the Supplier MY DIGITAL from entering into similar agreements with third withthird parties, or from independently developingindependentlydeveloping, using, selling or licensing documentationlicensingdocumentation, products and/or services which are similar to those provided under this agreementunderthis contract.
6.4. The Supplier 6.5 MY DIGITAL warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementcontract.
Appears in 1 contract
Samples: Service Agreement
Supplier’s Obligations. 6.17.1. The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.27.2. Clause 6.1 The undertaking at clause 7 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; free or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and;
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.37.3. This agreement The Agreement shall not prevent the Supplier from entering into similar agreements with third parties, parties or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementthe Agreement.
6.47.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementthe Agreement.
Appears in 1 contract
Samples: Master Service Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause the undertaking set out in clause
6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 6.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement. The Customer shall:
7.1.1 provide the Supplier with:
(a) all necessary co-operation in relation to this Agreement; and
(b) all necessary access to such information as may be required by the Supplier; in order to provide the Services, including but not limited to Customer Data, security access information and configuration services;
7.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;
7.1.3 carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary;
7.1.4 ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of this Agreement and shall be responsible for any Authorised User's breach of this Agreement;
7.1.5 obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Services;
7.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; and
7.1.7 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.
Appears in 1 contract
Samples: Healthera Agreement of Usage
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. .
7.3 If the Services do not conform with the provisions of clause 6.1, foregoing undertaking the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, promptly or provide the Customer User with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's User’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, foregoing the Supplier:
6.2.11. does not warrant that the Customer's User’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2error free and 2. is not responsible for any delays, delivery failures, failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, facilities including the internet, internet and the Customer User acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.4 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 7.5 The Supplier warrants that it has and will maintain all necessary licences, consents, consents and permissions necessary for the performance of its obligations under this agreementAgreement.
7.6 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement.
Appears in 1 contract
Samples: User Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internetInternet and other networks, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Digital Hub Subscription Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document and with reasonable skill and careDocumentation.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1. Notwithstanding the foregoing, the The Supplier:
6.2.1. 6.2.1 does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. 6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
6.2.3 is not responsible for any delays, failures or other loss or damage as a result from the Customer's failure to comply with any software and network specification notified by the Supplier from time to time.
6.3. 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
6.5 The Supplier agrees to comply with the obligations set out in Schedule 6 of this agreement with regards to the processing of personal data under this Agreement.
Appears in 1 contract
Samples: Service Agreement
Supplier’s Obligations. 6.1. 9.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.care.
6.2. Clause 6.1 9.2 The undertaking at clause 9.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.19.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 9.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 9.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 9.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements Agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 9.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Subscription Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use commercial reasonable endeavours efforts to promptly correct any such non-conformance promptlyconformance, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the Customer’s equipment, internal communications network, or the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Professional Services
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. The Supplier shall perform 8.1 Smartway2 Ltd undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.care.
6.2. Clause 6.1 8.2 The undertaking at clause 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierSmartway2 Ltd's instructions, or modification or alteration of the Services by any party other than the Supplier Smartway2 Ltd or the SupplierSmartway2 Ltd's duly authorised contractors or agents. If the Services do not conform with to the provisions of clause 6.1foregoing undertaking, the Supplier Smartway2 Ltd will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.18.1. Notwithstanding the foregoing, the SupplierSmartway2 Ltd:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 8.3 This agreement shall not prevent the Supplier Smartway2 Ltd from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier 8.4 Smartway2 Ltd warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.2 The undertaking in clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1this undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; error- free or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Specification and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, instructions or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing warranty, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. 5.1
5.3 Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or nor that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.4 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentationmaterials, products and/or or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Portal Operation & Hosting Agreement
Supplier’s Obligations. 6.1. The 8.1 Without prejudice to its obligations under the Service Catalog, the Supplier shall perform undertakes to:
(a) provide the Services substantially in a competent and professional manner with reasonable care, skill and ability and in all material respects in accordance with the Service Definition Document Agreement;
(b) use reasonable endeavours to meet any agreed delivery dates or milestones, but any such dates shall be estimates only; and
(c) provide suitably qualified and with reasonable skill and careskilled individual or individuals to provide all or any of the Services.
6.2. 8.2 The undertaking at Clause 6.1 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer Software contrary to the Supplier's instructions, or modification modifications or alteration alterations of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer Client with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the CustomerClient's sole and exclusive remedy for any breach of clause 6.1the undertaking set out in Clause 8. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the CustomerClient's use of the Services will be uninterrupted or error-free; free or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the CustomerClient's requirements; andrequirements that were not expressly set forth in the applicable Statement of Work or Service Catalog;
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer Client acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement 8.3 The Agreement shall not prevent the Supplier from entering into similar agreements with third parties, parties or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementthe Agreement.
6.4. 8.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under the Agreement.
8.5 The rights provided under this agreementAgreement are exclusive to the Client. The Client may permit its subsidiaries or holding companies to benefit from the Services on condition that (i) the Client notifies the Supplier of the said subsidiaries or holding companies and obtains the Supplier’s prior consent to such usage or access (not to be unreasonably withheld or delayed), and (ii) the Client accepts that the Supplier’s exclusive liability, contractual or otherwise, is to the Client and not to any agreed subsidiaries or holding companies.
Appears in 1 contract
Samples: General Terms and Conditions
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.37.3 Except as expressly and specifically provided in this agreement:
7.3.1 the Customer assumes sole responsibility for results obtained from the use of the Services and the Documentation by the Customer, and for conclusions drawn from such use. The Supplier shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Supplier by the Customer in connection with the Services, or any actions taken by the Supplier at the Customer's direction;
7.3.2 the Services and the Documentation are provided to the Customer on an "as is" basis.
7.4 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Saas Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-error- free; or that the Services, Service Definition Document the Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services and the Software will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-non- conformance which is caused by use of the Services by and/or the Customer Software contrary to the Supplier's instructions, or modification or alteration of the Services and/or Software by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services and/or Software do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services and/or Software will be uninterrupted or error-free; or that the ServicesServices and/or Software, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and/or Software and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement 6.3 The Contract shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementthese Conditions.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementthe Contract.
Appears in 1 contract
Samples: Contract
Supplier’s Obligations. 6.1. The Supplier 6.1 MY DIGITAL shall perform provide the Services with effect from the Effective Date on and subject to the terms of this contract.
6.2 In supplying the Services, MY DIGITAL shall provide the Services:-
(a) substantially in accordance with the Service Definition Document and Documentation; and
(b) with reasonable skill and care.
6.2. Clause 6.1 6.3 The undertaking at clause 6.2 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierMY DIGITAL's instructions, or modification or alteration of the Services by any party other than the Supplier MY DIGITAL or the SupplierMY DIGITAL's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier MY DIGITAL will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.16.2. Notwithstanding the foregoing, the SupplierMY DIGITAL:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
(c) does not warrant that the Services will be free from Viruses (but it will use industry standard software to detect and eradicate Viruses, where reasonably possible).
6.3. 6.4 This agreement contract shall not prevent the Supplier MY DIGITAL from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementcontract.
6.4. The Supplier 6.5 MY DIGITAL warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementcontract.
Appears in 1 contract
Supplier’s Obligations. 6.1. The Supplier 6.1 MY DIGITAL shall perform provide the Services with effect from the Effective Date on and subject to the terms of this contract.
6.2 In supplying the Services, MY DIGITAL shall provide the Services:-
(a) substantially in accordance with the Service Definition Document and Documentation; and
(b) with reasonable skill and care.
6.2. Clause 6.1 6.3 The undertaking at clause 6.2 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierMY DIGITAL's instructions, or modification or alteration of the Services by any party other than the Supplier MY DIGITAL or the SupplierMY DIGITAL's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier MY DIGITAL will, at its expense, use all reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.16.2. Notwithstanding the foregoing, the SupplierMY DIGITAL:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
(c) does not warrant that the Services will be free from Viruses (but it will use industry standard software to detect and eradicate Viruses, where reasonably possible).
6.3. 6.4 This agreement contract shall not prevent the Supplier MY DIGITAL from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementunderthis contract.
6.4. The Supplier 6.5 MY DIGITAL warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementcontract.
Appears in 1 contract
Supplier’s Obligations. 6.1. The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be supplied with reasonable skill and care.
6.2care and will conform in all material respects with their description. Clause The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. : does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Services and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Master Services Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the applicable Service Definition Document Schedule, the Documentation and with reasonable skill and care.
6.2. 6.2 The undertaking at Clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Documentation or Supplier's express instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause the undertaking set out in Clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services Services, will be uninterrupted or error-error- free; or nor that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 1.1 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 1.2 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Telephony & Data Services Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.1 5.2 The Supplier shall not apply have no liability under this Agreement to the extent of any non-conformance which such liability is caused by by: (i) use of the Services by the Customer Software contrary to the Supplier's instructions, or ; (ii) modification or alteration of the Services Software by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1, the Supplier will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes ; (iii) the Customer's sole and exclusive remedy for ’s (or its representatives’) analysis, interpretation, reliance or action taken on the basis of any breach output of clause 6.1. Notwithstanding the foregoing, the Supplier:Software.
6.2.1. 5.3 The Supplier does not warrant that the Customer's use of the Services Software will be uninterrupted or error-free; or that the ServicesSoftware, Service Definition Document and/or the information obtained by the Customer through the Software or the Services will meet the Customer's requirements; and.
6.2.2. 5.4 The Supplier is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.5 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 5.6 The Supplier warrants that it has and will maintain all necessary licencesshall use reasonable endeavours to ensure the Software is available at least 99.9% of the time, consentsexcluding: (i) any periods of scheduled maintenance or emergency maintenance reasonably required by the Supplier or its sub- contractors, and permissions necessary for including Microsoft Azure; or (ii) any unavailability arising as a result of any of the performance of its obligations under this agreementevents set out at clause 5.4 or clause 13.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. 7.2.1 does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document ; Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. 7.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. The 7.4 Subject to those licences, consents and permissions that the Customer is to obtain and maintain in accordance with clause 8.1.5, the Supplier warrants that it has and will maintain all other necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance nonconformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-error free; or that the Services, Service Definition Document the Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1.
8.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.care.
6.2. Clause 6.1 8.2 The undertaking at clause 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of undertaking at clause 6.18.1, the Supplier will, at its expense, use reasonable commercial endeavours to correct any such non-non- conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.18.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or Services or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 8.3 This agreement Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementAgreement.
6.4. 8.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. 7.2 The undertaking at Clause 6.1 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of clause 6.1the undertaking set out in Clause 7.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and,
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 7.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Software Subscription Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services substantially in accordance with the Service Definition Document and will be performed with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer Subscriber with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the CustomerSubscriber's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the 5.1.
5.3 The Supplier:
6.2.1. (a) does not warrant that that:
(i) the CustomerSubscriber's use of the Services will be uninterrupted or error-free; or or
(ii) that the Services, Service Definition Document Services and/or the information obtained by the Customer Subscriber through the Services will meet the CustomerSubscriber's requirements; and.
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer Subscriber acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 5.4 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.5 The Supplier warrants that as far as it is aware, it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.. Generated by xxxxx://xxxxxxxxxxx.xx VisitOne - Standard Terms as of October 2023
Appears in 1 contract
Samples: Software as a Service Agreement
Supplier’s Obligations. 6.15.1. The Supplier shall perform 2mee undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.25.2. Clause 6.1 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier2mee's instructions, or modification or alteration of the Services by any party other than the Supplier 2mee or the Supplier2mee's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier 2mee will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier2mee:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained Messages produced by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.35.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier 2mee warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementAgreement.
Appears in 1 contract
Samples: Saas Messaging Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with to the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 6.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Licensing Agreement
Supplier’s Obligations. 6.1. The Supplier shall perform undertakes that the Services substantially in accordance with Solution can be made available on Customer premises or on the Service Definition Document cloud and Customer will use it with reasonable skill and care.
6.2. Clause 6.1 The undertaking at Section 8 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer Solution contrary to the Supplier's instructions, or modification or alteration of the Services Solution by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do Solution does not conform with to the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of clause 6.1the undertaking set out in Section 8. Notwithstanding the foregoing, the Supplier:
6.2.1. : (a) does not warrant that the Customer's use of the Services Solution will be uninterrupted or error-free; or nor that the Services, Service Definition Document Solution and/or the information obtained by the Customer through the Services Solution will meet the Customer's requirements; and
6.2.2. and (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Solution may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentationsolutions, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Subscription Agreement
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance accord- ance with the Service Definition Document Documentation and with reasonable skill and care. Outcomes from the Cli- ent’s use of the Services shall be delivered to the electronic location(s) as may be notified to the Supplier and agreed from time to time.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification modifica- tion or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing under- taking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct cor- rect any such non-conformance promptly, or provide the Customer Client with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the CustomerClient's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the CustomerClient's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer Client through the Services will meet the CustomerClient's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting result- ing from the transfer of data over communications networks and facilities, including the internetin- xxxxxx, and the Customer Client acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement 5.3 Nothing in These Terms shall not prevent the Supplier from entering into similar agreements agree- ments with third parties, or from independently developing, using, selling or licensing documentationdocu- mentation, products and/or services which are similar to those provided under this agreementhereunder.
6.4. 5.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementobligations.
Appears in 1 contract
Samples: Subscriber Agreement
Supplier’s Obligations. 6.1. 6.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer User with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the CustomerUser's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the CustomerUser's use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer User through the Services will meet the CustomerUser's requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer User acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement 6.3 These terms shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreementthese terms.
6.4. 6.4 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreementthese terms.
Appears in 1 contract
Samples: End User Free Trial Agreement
Supplier’s Obligations. 6.1. 7.1 The Supplier shall perform undertakes that the Services will be performed on a commercially reasonable efforts basis substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. Clause 6.1 7.2 The undertaking at clause 7.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's instructions’s instructions or in breach of this agreement, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents, in which case the Supplier is entitled to charge the Customer at its then current professional rates for any remedial work or support required as a result. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expenseexpense (or the Customer’s expense where applicable), use reasonable commercial endeavours to correct any such non-conformance promptly, or to provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of the undertaking set out in clause 6.17.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. 7.3 This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Supplier’s Obligations. 6.1. 5.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document description at XxxxxXxxx.xxx and with reasonable skill and care.
6.2. Clause 6.1 5.2 The undertaking at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the SupplierJukwa's instructions, or modification or alteration of the Services by any party other than the Supplier Jukwa or the SupplierJukwa's duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.15.1. Notwithstanding the foregoing, the SupplierJukwa:
6.2.1. (a) does not warrant that that:
(i) the Customer's use of the Services will be uninterrupted or error-free; or
(ii) the Platform or that the Services, Service Definition Document and/or the information obtained by the Customer through the Services will meet the Customer's requirementsbe free from Vulnerabilities; and
6.2.2. (b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. 5.3 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: Terms of Service
Supplier’s Obligations. 6.1. 8.1 The Supplier shall perform undertakes that the Services will be performed substantially in accordance with the Service Definition Document Documentation and with reasonable skill and care.
6.2. 8.2 The undertaking at Clause 6.1 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services by the Customer contrary to the Supplier's ’s instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's ’s duly authorised contractors or agents. If the Services do not conform with the provisions of clause 6.1foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Customer's ’s sole and exclusive remedy for any breach of clause 6.1the undertaking set out in Clause 8.1. Notwithstanding the foregoing, the Supplier:
6.2.1. (a) does not warrant that the Customer's ’s use of the Services will be uninterrupted or error-free; or that the Services, Service Definition Document Documentation and/or the information obtained by the Customer through the Services will meet the Customer's ’s requirements;
(b) does not warrant the compatibility of the Services with any hardware (including peripherals), software, products or service other than as set out in this Agreement; and
6.2.2. (c) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Service Definition Document may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3. This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
6.4. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.
Appears in 1 contract
Samples: License Agreement