Common use of The Supplier's Obligations Clause in Contracts

The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. The Supplier undertakes that the Platform will be provided substantially in accordance with the Documentation for the relevant product and the Services shall be provided with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. The undertaking at clause 3.2 shall not apply to the extent any non-conformance is caused by any problems with the Client Cloud, the use of the Platform or Documentation contrary to the Supplier's instructions, or modification or alteration of the Platform by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Platform does not conform with the undertaking at clause 3.2, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Client with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Client's sole and exclusive remedy for any breach of the undertaking set out in clause 3.2. The Supplier does not warrant: (a) that the Client's use of the Services will be uninterrupted or error-free; (b) that the Services, Documentation and/or the results obtained by the Client through the Services will meet the Client's requirements; (c) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. 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 Client acknowledges that the Platform and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. 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. 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. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third party.

The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. 7.1 The Supplier undertakes that the Platform will G-Cloud Services shall be provided performed: a. substantially in accordance with the Documentation for the relevant product and the Services shall be provided Controlling Specification; and b. with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. . 7.2 The undertaking at clause 3.2 7.1 shall not apply to the extent of any non-non- conformance which is caused caused, or contributed to, by any problems with the Client Cloud, the use of the Platform or Documentation G- Cloud Services contrary to this Agreement, failure to follow promptly the Supplier's reasonable instructions, an Event of Force Majeure, the Supplier following the Customer’s instructions, or addition, modification or alteration of the Platform G-Cloud Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Platform does G- Cloud Services do not conform with the undertaking at set out in clause 3.27.1, the Supplier willshall, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptlyconformance, or provide the Client Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the ClientCustomer's sole and exclusive remedy for any breach of the undertaking set out in clause 3.27.1. The Supplier Notwithstanding the foregoing, the Supplier: a. does not warrant: (a) provide any representation, condition or warranty that the ClientCustomer's use of the G-Cloud Services will be totally uninterrupted or error-free; (b) nor that the G- Cloud Services, Documentation Controlling Specification and/or the results information obtained by the Client Customer through the G- Cloud Services will meet the ClientCustomer's requirementsrequirements or purposes; (c) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. The Supplier 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 Client Customer acknowledges that the Platform G-Cloud Services and Documentation Controlling Specification may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. . 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 the same or similar to those provided under this Agreement. 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. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third party.

The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. 7.1 The Supplier undertakes that the Platform Services will be provided performed substantially in accordance with the Documentation description for the relevant product Services set out in Schedule 1, and the Services shall be provided with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. care.‌ 7.2 The undertaking at clause 3.2 7.1 shall not apply to the extent of any non-conformance which is caused by any problems with the Client Cloud, the use of the Platform or Documentation Services contrary to the Supplier's instructions, or modification or alteration of the Platform Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Platform does Services do not conform with the undertaking at clause 3.2foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Client Buyer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the ClientBuyer's sole and exclusive remedy for any breach of the undertaking set out in clause 3.27.1. The Supplier does not warrant: Notwithstanding the foregoing, the Supplier: (a) does not warrant that the ClientBuyer's use of the Services will be uninterrupted or error-free; (b) or that the Services, Documentation Services and/or the results information obtained by the Client Buyer through the Services will meet the ClientBuyer's requirements; and (cb) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. 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 Client Buyer acknowledges that the Platform and Documentation Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. . 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 Agreement. agreement. 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. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third partyagreement.

The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. 7.1 The Supplier undertakes that the Platform will G-Cloud Services shall be provided performed: a. substantially in accordance with the Documentation for the relevant product and the Services shall be provided Controlling Specification; and b. with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. . 7.2 The undertaking at clause 3.2 7.1 shall not apply to the extent of any non-non- conformance which is caused caused, or contributed to, by any problems with the Client Cloud, the use of the Platform or Documentation G- Cloud Services contrary to this Agreement, failure to follow promptly the Supplier's reasonable instructions, an Event of Force Majeure, the Supplier following the Customer’s instructions, or addition, modification or alteration of the Platform G-Cloud Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Platform does G- Cloud Services do not conform with the undertaking at set out in clause 3.27.1, the Supplier willshall, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptlyconformance, or provide the Client Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the ClientCustomer's sole and exclusive remedy for any breach of the undertaking set out in clause 3.27.1. The Supplier Notwithstanding the foregoing, the Supplier: a. does not warrant: (a) provide any representation, condition or warranty that the ClientCustomer's use of the G-Cloud Services will be totally uninterrupted or error-error- free; (b) nor that the G-Cloud Services, Documentation Controlling Specification and/or the results information obtained by the Client Customer through the G-Cloud Services will meet the ClientCustomer's requirementsrequirements or purposes; (c) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. The Supplier 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 Client Customer acknowledges that the Platform G-Cloud Services and Documentation Controlling Specification may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. . 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 the same or similar to those provided under this Agreement. 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. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third party.

The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. 7.1 The Supplier undertakes that that, under normal use and circumstances, the Platform Services will be provided substantially accord in accordance all material respects with the Documentation for the relevant product and the Services shall be provided with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. The undertaking at clause 3.2 Documentation. 7.2 Clause 7.1 shall not apply to the extent of any non-conformance which is caused by any problems with the Client Cloud, the use of the Platform or Documentation Services contrary to the Supplier's ’s instructions, or modification or alteration of the Platform Services by any party other than the Supplier or the Supplier's duly ’s authorised contractors or agents. If the Platform does Services do not conform with the undertaking at clause 3.2Clause 7.1, the Supplier will, at its expense, use all commercially reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Client with an alternative means of accomplishing the desired performanceconformance. Such correction or substitution constitutes the ClientCustomer's sole and exclusive remedy for any breach of the undertaking set out in clause 3.2Clause 7.1. The Notwithstanding the foregoing, the Supplier does not warrant: (a) warrant that the ClientCustomer's use of the Services will be uninterrupted or error-free; (b) free or that the Services, Software or Documentation and/or the results information obtained by the Client Customer through the Services will meet the ClientCustomer's requirements; (c) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. . 7.3 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 Client acknowledges that the Platform and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. 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. 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. . 7.4 The Customer accepts responsibility for the selection of the Services to achieve its intended results and acknowledges that the Services have not been developed to meet the individual requirements of the Customer. 7.5 The Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications and the Supplier shall is not be responsible for any lossdelays or delivery failures or any other loss or damage resulting from the transfer of data over the internet or communications networks and facilities (including any failure or delay of the Supplier’s third party hosting provider). 7.6 Save as expressly permitted by law, destructionall other conditions, alteration warranties, licences, representations or disclosure terms not expressly set out in this Agreement which might have effect between the parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose, or the use of Client Content caused by any third partyreasonable skill and care.

The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. The Supplier undertakes that the Platform will be provided substantially in accordance with the Documentation for the relevant product and the Services shall be provided with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. The undertaking at clause 3.2 shall not apply to the extent any non-conformance is caused by any problems with the Client Cloud, the use of the Platform or Documentation contrary to the Supplier's instructions, or modification or alteration of the Platform by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Platform does not conform with the undertaking at clause 3.2, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Client with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Client's sole and exclusive remedy for any breach of the undertaking set out in clause 3.2. The Supplier does not warrantwarrant that: (a) that the Client's use of the Services will be uninterrupted or error-free; (b) that the Services, Documentation and/or the results obtained by the Client through the Services will meet the Client's requirements; or (c) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. 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 Client acknowledges that the Platform and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. 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. 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. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third party. The Supplier may make changes to the provisions of this Agreement from time to time. If any such changes will result in breaking changes of the Services, the Supplier shall give the Client no less than 30 days’ notice before the changes take effect, and the Client may object to such change in writing within 7 days of the date of such notice. If the Client objects to the proposed change in accordance with this provision, the Agreement shall terminate immediately.