Common use of Xxxxxx’x Responsibilities Clause in Contracts

Xxxxxx’x Responsibilities. Xxxxxx represents and warrants that it has the legal power and authority to enter into this Agreement. Xxxxxx is responsible for all activity occurring under Xxxxxx’x accounts under Xxxxxx’x control or resulting from Xxxxxx’x negligence or willful misconduct, and shall abide by all applicable laws, and regulations in connection with Xxxxxx’x use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Xxxxxx represents and warrants that Xxxxxx has not falsely identified itself nor provided any false information to gain access to the Service and that Xxxxxx’x billing information is correct. Xxxxxx shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Xxxxxx or Xxxxxx’x Users; and (iii) obtain consent from Xxxxxx’x customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not responsible for any Xxxxxx postings in error due to delayed notification from credit card processors, ACH, bank and other related circumstances. Xxxxxx agrees and acknowledges that in the event that Xxxxxx has access to, receives from, creates, or receives protected health information, or Xxxxxx has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), during the performance under this Agreement, it will comply with all such applicable law, regulations and rules related thereto. Xxxxxx is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment of Transactions. Xxxxxx is also required to disclose all refund, return and cancellation policies to Invoice Cloud and any applicable payment processors and Xxxxxx’x Customers, as requested. Any change in a return/cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Xxxxxx allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed, Xxxxxx will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Xxxxxx may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Xxxxxx give cash/check refunds to a Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment method, unless required by applicable law. Xxxxxx shall cooperate with Invoice Cloud to effect a timely Implementation by Xxxxxx allocating sufficient and properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of Xxxxxx’x software and service providers and providing to Invoice Cloud the information required to integrate with Xxxxxx’x billing, CIS and other applicable systems.

Xxxxxx’x Responsibilities. Xxxxxx represents and warrants that it has the legal power and authority to enter into this Agreement. Xxxxxx is responsible for all activity occurring under Xxxxxx’x accounts under Xxxxxx’x control or resulting from Xxxxxx’x negligence or willful misconduct, and shall abide by all applicable laws, and regulations in connection with Xxxxxx’x and/or its customers’ and/or any payers’ use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Xxxxxx represents and warrants that Xxxxxx has not falsely identified itself nor provided Xxxxxx Agreement any false information to gain access to the Service and that Xxxxxx’x billing information is correct. Xxxxxx shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Xxxxxx or Xxxxxx’x Users; and (iii) in the event that Xxxxxx requests Invoice Cloud to engage in a Customer outreach campaign prior to the Go Live Date, Xxxxxx shall obtain consent from Xxxxxx’x customers Customers and payers to receive notifications and invoices communications from Invoice Cloud. Invoice Cloud is not responsible for any Xxxxxx postings in error due to delayed notification from credit card processors, ACH, bank and other related circumstances. Xxxxxx agrees and acknowledges that in the event that Xxxxxx has access to, receives from, creates, or receives protected health information, or Xxxxxx has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), during the performance under this Agreement, it will comply with all such applicable law, regulations and rules related thereto. Xxxxxx is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment of Transactions. Xxxxxx is also required to disclose all refund, return and cancellation policies to Invoice Cloud and any applicable payment processors and Xxxxxx’x Customers, as requested, only to the extent Xxxxxx maintains such policies. Any change in such a return/cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Xxxxxx allows shall allow and process refund requests in accordance with North Carolina law. Invoice Cloud shall have no right to question, delay, hinder, or is required otherwise interfere with Xxxxxx’x legal duties with regard to provide such refund requests. In the event Xxxxxx authorizes a refund request, Xxxxxx, in its sole discretion, shall determine the proper method of refund payment.Where Xxxxxx so authorizes a refund, price adjustment, or cancellation of services in connection with a Transaction previously processed, Xxxxxx will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of following Xxxxxx’x resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Xxxxxx may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Xxxxxx give cash/check refunds to a Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment method, unless required by applicable law. Xxxxxx shall cooperate with Invoice Cloud to effect a timely Implementation by Xxxxxx allocating sufficient and properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of Xxxxxx’x software and service providers and providing to Invoice Cloud the information required to integrate with Xxxxxx’x billing, CIS and other applicable systems.

Xxxxxx’x Responsibilities. Xxxxxx represents and warrants that it has the legal power and authority to enter into this Agreement. Xxxxxx is responsible for all activity occurring under Xxxxxx’x accounts under Xxxxxx’x control or resulting from Xxxxxx’x negligence or willful misconduct, and shall abide by all applicable laws, laws and regulations in connection with Xxxxxx’x and/or its Customers’ and/or any payers’ use of the ServiceServices, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Xxxxxx represents and warrants that Xxxxxx has not falsely identified itself nor provided any false information to gain access to the Service Services and that Xxxxxx’x billing information is correct. Xxxxxx shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Xxxxxx or Xxxxxx’x Users; and (iii) obtain consent from Xxxxxx’x customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not responsible for any Xxxxxx postings in error due to delayed notification from credit card processors, ACH, bank and or other related circumstances. Xxxxxx agrees and acknowledges that in the event that Xxxxxx has access to, receives from, creates, receives, maintains or receives transmits protected health information, or Xxxxxx has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), during the performance under this Master Agreement, it Xxxxxx will comply with all such applicable lawlaws, regulations and rules related thereto. Xxxxxx is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment of Transactions. Xxxxxx is also required to disclose all refund, return and cancellation policies to Invoice Cloud and any applicable payment processors and Xxxxxx’x Customers, as requested. Any change in a return/cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Xxxxxx allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed, Xxxxxx will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Xxxxxx may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Xxxxxx give cash/check refunds to a Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment method, unless required by applicable law. Xxxxxx shall cooperate with Invoice Cloud to effect a timely Implementation implementation of the Services by Xxxxxx allocating sufficient and properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of Xxxxxx’x software and service providers and providing to Invoice Cloud the information required to integrate with Xxxxxx’x billing, CIS and other applicable systems.

Xxxxxx’x Responsibilities. Xxxxxx represents and warrants that it has the legal power and authority to enter into this Agreement. Xxxxxx is responsible for all activity occurring under within Xxxxxx’x accounts under Xxxxxx’x control or resulting from Xxxxxx’x negligence or willful misconduct, and shall abide by all applicable laws, and regulations in connection with Xxxxxx’x and/or its customers’ and a payers’ use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Xxxxxx represents and warrants that Xxxxxx has not falsely identified itself nor provided any false information to gain access to the Service and that Xxxxxx’x billing information is correct. Xxxxxx shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Xxxxxx or Xxxxxx’x Users; and (iii) obtain consent from Xxxxxx’x customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not responsible for any Xxxxxx postings in error due to delayed notification from credit card processorsprocessor, ACH, ACH bank and other related circumstances. Xxxxxx agrees and acknowledges that in the event that Xxxxxx has access to, receives from, creates, or receives protected health information, or Xxxxxx has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), during the performance under this Agreement, it will comply with all such applicable law, regulations and rules related thereto. Xxxxxx is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment of Transactions. Xxxxxx is also required to disclose all a refund, return and or cancellation policies to Invoice Cloud and any applicable payment processors and Xxxxxx’x Customers, as requested. Any change in a return/return/ cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Xxxxxx allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed, Xxxxxx will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Xxxxxx may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Xxxxxx give cash/check refunds to a Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment methodprocessed, unless required by applicable law. Xxxxxx shall cooperate with Invoice Cloud to effect a timely Implementation by Xxxxxx allocating sufficient and properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of Xxxxxx’x software and service providers and providing to Invoice Cloud the information required to integrate with Xxxxxx’x billing, CIS and other applicable systems.

Xxxxxx’x Responsibilities. Xxxxxx represents and warrants that it has the legal power and authority to enter into this Agreement. Xxxxxx is responsible for all activity occurring under Xxxxxx’x accounts under Xxxxxx’x control or resulting from Xxxxxx’x negligence or willful misconduct, and shall abide by all applicable laws, and regulations in connection with Xxxxxx’x and/or its customers’ and a payers’ use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Xxxxxx represents and warrants that Xxxxxx has not falsely identified itself nor provided any false information to gain access to the Service and that Xxxxxx’x billing information is correct. Xxxxxx shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Xxxxxx or Xxxxxx’x Users; and (iii) obtain consent from Xxxxxx’x customers and payers not impersonate another Invoice Cloud user or provide false identity information to receive notifications and invoices from Invoice Cloudgain access to or use the Service. Invoice Cloud is not responsible for any Xxxxxx postings in error due to delayed notification from credit card processorsprocessor, ACH, ACH bank and other related circumstances. Xxxxxx agrees and acknowledges that in the event that Xxxxxx has access to, receives from, creates, or receives protected health information, or Xxxxxx has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), during the performance under this Agreement, it will comply with all such applicable law, regulations and rules related thereto. Xxxxxx is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment of Transactions. Xxxxxx is also required to disclose all a refund, return and or cancellation policies to Invoice Cloud and any applicable payment processors and Xxxxxx’x Customers, as requested. Any change in a return/return/ cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Xxxxxx allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed, Xxxxxx will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Xxxxxx may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Xxxxxx give cash/check refunds to a Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment methodprocessed, unless required by applicable law. Xxxxxx shall cooperate with Invoice Cloud to effect a timely Implementation by Xxxxxx allocating sufficient and properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of Xxxxxx’x software and service providers and providing to Invoice Cloud the information required to integrate with Xxxxxx’x billing, CIS and other applicable systems.

Xxxxxx’x Responsibilities. Xxxxxx represents and warrants that it has the legal power and authority to enter into this Agreement. Xxxxxx is responsible for all activity occurring under Xxxxxx’x accounts under Xxxxxx’x control or resulting from Xxxxxx’x negligence or willful misconduct, and shall abide by all applicable laws, and regulations in connection with Xxxxxx’x and/or its customers’ and a payers’ use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Xxxxxx represents and warrants that Xxxxxx has not falsely identified itself nor provided any false information to gain access to the Service and that Xxxxxx’x billing information is correct. Xxxxxx shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Xxxxxx or Xxxxxx’x Users; and (iii) obtain consent from Xxxxxx’x customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not responsible for any Xxxxxx postings in error due to delayed notification from credit card processorsprocessor, ACH, ACH bank and other related circumstances. Xxxxxx agrees and acknowledges that in the event that Xxxxxx has access to, receives from, creates, or receives protected health information, or Xxxxxx has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), during ARRA”),during the performance under this Agreement, it will comply with all such applicable law, regulations and rules related thereto. Xxxxxx is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment of Transactions. Xxxxxx is also required to disclose all a refund, return and or cancellation policies to Invoice Cloud and any applicable payment processors and Xxxxxx’x Customers, as requested. Any change in a return/return/ cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Xxxxxx allows or is required to provide a price adjustment, or cancellation of services in Xxxxxx Agreement Rev 4.0 The complete Xxxxxx Agreement includes the Xxxxxx Order Form, the Online Terms and Conditions and this Agreement P a g e | 2 Xxxxxx Agreement connection with a Transaction previously processed, Xxxxxx will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Xxxxxx may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Xxxxxx give cash/check refunds to a Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment methodprocessed, unless required by applicable law. Xxxxxx shall cooperate with Invoice Cloud to effect a timely Implementation by Xxxxxx allocating sufficient and properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of Xxxxxx’x software and service providers and providing to Invoice Cloud the information required to integrate with Xxxxxx’x billing, CIS and other applicable systems.