YOUR COMMITMENT TO US. 5.1 You: (a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services; (b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Laws; (c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts; (d) must comply with our Acceptable Use Policy and Applicable Law when using the Services; (e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule; (f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule; (g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User; (h) must not resell or re-supply a Service to any third party, including any Affiliate, without our consent (which we may give in our absolute discretion and subject to certain conditions); and (i) must not infringe, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreement. 5.2 If you receive equipment from us you will have no right, title or interest to it, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises and provide a suitable physical environment for the correct operation of the equipment.
Appears in 12 contracts
Samples: Global Business Services Agreement, Global Business Services Agreement, Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User;
(h) must not resell or re-supply a Service to any third party, including any Affiliate, without unless you first obtain:
(1) our consent (which we may give in our absolute discretion and subject to certain conditions); and
(2) all licences, approvals, certifications and consents required for you to legally resell or resupply the Services;
(i) must comply (and must ensure that any person who uses the Services complies) with all Applicable Laws relating to the Services (including in relation to the use of encryption in your network);
(j) must not use the Services in any manner, whether directly or indirectly, to menace or harass any person, cause damage or injury to any person or property, incite hatred or in a manner that may infringe any person's rights, including Intellectual Property Rights or in a manner that is prohibited by Applicable Laws;
(k) must provide us with all information, records and other relevant materials relating to your Equipment or software interfacing with or connected to the Services as may be reasonably required for us to comply with Applicable Laws;
(l) must not establish connection to any Public Switched Telecommunication Network (PSTN) or any other public network in India by using private lines;
(m) must not permit origination or termination of voice communication from any telephone (connected to PSTN) in India by using private line connectivity;
(n) must follow all instructions provided by the us which relate to the health, safety or the quality of any telecommunications service provided to you;
(o) must not use the Services to provide tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call centre, network operation centre or for other uses that are classified under Indian law as use by an Other Service Provider without first obtaining all relevant regulatory licences, certifications consents and approvals required under Applicable Laws; and
(p) must not infringe, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreement.
5.2 If you receive equipment from us you will have no right, title or interest to it, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises and provide a suitable physical environment for the correct operation of the equipment.
5.3 If you use the Services to menace or harass any person, cause damage or injury to any person or property, incite hatred or in a manner that may infringe any person's rights, including Intellectual Property Rights, or in a manner prohibited by Applicable Laws then we reserve the right to remove, amend, modify or copy any such information or provide such information to regulatory authorities if required under Applicable Laws.
5.4 You agree to indemnify and keep indemnified us and our affiliates against any claims brought against us by a third party directly as a result of your breach of this clause 5.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Lawsapplicable laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User;; and
(h) must not resell or re-supply a Service to any third party, including any Affiliate, party without our consent (which we may give in our absolute discretion and subject to certain conditions); and
(i) must not infringe, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreement.
5.2 If you receive equipment from us you will have no right, title or interest not own it unless we agree to it, nor use sell it for any purpose other than in conjunction with the Services as directed by usto you. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrancedamage. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises Premises, and provide a suitable physical environment for the correct operation of the equipment.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User;; and
(h) must not resell or re-supply a Service to any third party, including any Affiliate, without party unless you first obtain:
(1) our consent (which we may give in our absolute discretion and subject to certain conditions); and
(2) all licences, approvals, certifications and consents required for you to legally resell or resupply the Services;
(i) must comply (and must ensure that any person who uses the Services complies) with all Applicable Laws relating to the Services (including in relation to the use of encryption in your network);
(j) must not infringeuse the Services in any manner, violate whether directly or misappropriate our indirectly, to menace or harass any person, cause damage or injury to any person or property, incite hatred or in a manner that may infringe any person's rights, including Intellectual Property Rights or in a manner that is prohibited by Applicable Laws;
(k) must provide us with all information, records and other relevant materials relating to your Equipment or software interfacing with or connected to the Intellectual Property rights Services as may be reasonably required for us to comply with Applicable Laws;
(l) must not establish connection to any Public Switched Telecommunication Network (PSTN) or any other public network in India by using private lines;
(m) must not permit origination or termination of our voice communication from any telephone (connected to PSTN) in India by using private line connectivity;
(n) must follow all instructions provided by the us which relate to the health, safety or the quality of any telecommunications service provided to you;
(o) must not use the Services to provide tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call centre, network operation centre or for other uses that are classified under Indian law as use by an Other Service Provider or any third party in performing your obligations or exercising your rights without first obtaining all relevant regulatory licences, certifications consents and approvals required under this AgreementApplicable Laws.
5.2 If you receive equipment from us you will have no right, title or interest to it, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises and provide a suitable physical environment for the correct operation of the equipment.
5.3 If you use the Services to menace or harass any person, cause damage or injury to any person or property, incite hatred or in a manner that may infringe any person's rights, including Intellectual Property Rights, or in a manner prohibited by Applicable Laws then we reserve the right to remove, amend, modify or copy any such information or provide such information to regulatory authorities if required under Applicable Laws.
5.4 You agree to indemnify and keep indemnified us and our affiliates against any claims brought against us by a third party directly as a result of your breach of this clause 5.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End Useranybody else whether authorised or not;
(h) must not resell or re-supply a Service to any third party, including any Affiliate, party without our consent (which we may give in our absolute discretion and subject to certain conditions);
(i) must provide us with any and all information and/or documents specified in any Service Schedule, Service Order Form and/or otherwise required for us for the timely fulfillment of our Services. Subject to clause 11.1, we are not liable for any delay or failure to perform related to your failure to fully cooperate and fully provide all required information in a timely manner; and
(ij) must not infringe, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreement.
5.2 Any deadlines in this Agreement, any Service Schedule and/or Service Order Form to be complied with from us or our Group Companies are automatically deemed extended by any amount or period of time during which you are not in full compliance with your obligations under clause 5.1.
5.3 If you receive equipment from us you will have no right, title or interest not own it unless we agree to it, nor use it for any purpose other than transfer the ownership to you in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrancewriting. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises Premises, and provide a suitable physical environment for the correct operation of the equipment.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable information as required by us to provide you the Services, and for you to receive and use our Services under this Agreement;
(b) must provide us and our Personnel with reasonable assistance and safe access to your Premises, informationSites, network, infrastructure, equipment and systems as required by us to provide the Servicesperform our obligations and enforce our rights under this Agreement;
(bc) must ensure that all equipment connected to the Services by you, or on your behalfbehalf does not damage our equipment (normal wear and tear excepted), is technically compatible with the applicable Service relevant Service(s) and that your Premises use of the Services and the equipment complies with, with and is used, used in accordance with all reasonable procedures notified by us (including the Acceptable Use Policy, if applicable) and any Applicable Lawsrelevant legislation;
(cd) must not alter, tamper, reverse engineer, repair or attempt to repair the Services (including Hardware or Software provided as part of the Services) or cause, or allow, anybody else a third party to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service ScheduleServices and must take reasonable steps to ensure the security of such data or information;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your PremisesSites, by you or any End Userthird party whether authorised or not;
(h) must not resell resell, resupply or re-supply share a Service to or with any third party, including any Affiliate, party without our consent consent;
(which i) acknowledge and agree that, where we may give supply an nbn™ Service to you under this Agreement, you do not have any contractual relationship with nbn™ and you agree not to make a claim against nbn™ arising from or in our absolute discretion and subject connection with any nbn™ Service provided to certain conditions)you under this Agreement;
(j) promptly notify us if you alter, replace, maintain, modify or repair any hardware or software or system on your network, if your Service depends on the use of that particular hardware, software or system; and
(ik) must not infringeacknowledge and agree that where you require fail-safe or uninterrupted connectivity, violate it is your responsibility to implement a business continuity plan and put in place alternate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreementappropriate back-up arrangements.
5.2 If you receive equipment from us you will have no right, title or interest to it, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises and provide a suitable physical environment for the correct operation of the equipment.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Lawsapplicable laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End Useranybody else whether authorised or not;
(h) must not resell or re-supply a Service to any third party, including any Affiliate, party without our consent (which we may give in our absolute discretion and subject to certain conditions);
(i) must provide us with any and all information and/or documents specified in any Service Schedule, Service Order Form and/or otherwise required for us for the timely fulfillment of our Services. Subject to clause 11.1, we are not liable for any delay or failure to perform related to your failure to fully cooperate and fully provide all required information in a timely manner; and
(ij) must not infringe, violate or misappropriate our, our Service Provider’s or any third party’s Intellectual Property Rights or in relation to the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this AgreementServices.
5.2 Any deadlines in this Agreement, any Service Schedule and/or Service Order Form to be complied with from us or our Group Companies are automatically deemed extended by any amount or period of time during which you are not in full compliance with your obligations under clause 5.1.
5.3 If you receive equipment from us you will have no right, title or interest not own it unless we agree to it, nor use it for any purpose other than transfer the ownership to you in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrancewriting. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises Premises, and provide a suitable physical environment for the correct operation of the equipment.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 YouYou agree:
(a) must provide us with all reasonable assistance and access 3.1. not to your Premisesuse or permit the Services to be used in any way which is illegal, informationin any way abusive or which constitutes harassment or which causes harm or damage of any sort or contravenes the “Acceptable Use Policy” or other specific terms of use in relation to that Service, network, infrastructure, equipment and systems as required notified by us to provide you from time to time;
3.2. not to use or permit the Services to be used in any way that could interfere with or damage our network or that of any other operator;
3.3. to follow our reasonable instructions about the use of the Services;
(b) must 3.4. only to use the Services for the purpose for which they are provided.
3.5. you will ensure that all equipment connected to the Services by you, information you provide us is accurate and complete. This includes advising us promptly if you changes premises or on your behalf, is technically compatible with the applicable Service and postal address.
3.6. you acknowledge that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) you are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User;
(h) must not resell or re-supply a Service to by any third party, including any Affiliatewhether authorised by you or not.
3.7. you will, without our consent (which if we may give in our absolute discretion and subject to certain conditions); and
(i) must not infringeask you to, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or obtain any third party authorisation, license or consent that we may reasonably require in performing your obligations or exercising your rights under this Agreementconnection with the provision of the Services.
5.2 If 3.8. you receive equipment from agree to follow our instructions about the use of the Services and ensure that everyone who uses the Services in connection with the provision of our Services to you also meets your responsibilities when using the Services. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services.
3.9. Using or agreeing to use the Services does not give you any rights in any part of the Services. you must not resell, in any way whatsoever, the whole or any part of the Services.
3.10. you will have no rightensure that Your Equipment that is connected to the network and/or to Our Equipment is telepermitted and is installed in accordance with our specifications and;
3.11. to follow our reasonable direction about modifications that may need to be made to Your Equipment so that you can use the Services.
3.12. you agree that all requests for work involving our staff or contractors will be made through us directly.
3.13. you acknowledge that we are not a recruitment company, title and whether in you personal capacity, or interest to itthrough the indirect capacity of an employee, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care agent or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear partner of any lien other person or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment company representing you, are prohibited from recruiting, or attempting to be installed and maintained at your Premises and provide a suitable physical environment for the correct operation recruit any of the equipmentour staff or contractors.
Appears in 1 contract
Samples: Master Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User;
(h) must not resell or re-supply a Service to any third party, including any Affiliate, party without our consent (which we may give in our absolute discretion and subject to certain conditions); and
(i) must not infringe, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreement.
5.2 If you receive equipment from us you will have no right, title or interest to it, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises Premises, and provide a suitable physical environment for the correct operation of the equipment.
Appears in 1 contract
Samples: Global Business Services Agreement
YOUR COMMITMENT TO US. 5.1 You:
(a) must provide us with all reasonable assistance and access to your Premises, information, network, infrastructure, equipment and systems as required by us to provide the Services;
(b) must ensure that all equipment connected to the Services by you, or on your behalf, is technically compatible with the applicable Service and that your Premises and the equipment complies with, and is used, in accordance with all reasonable procedures notified by us and any Applicable Lawsapplicable laws;
(c) must not alter, tamper, reverse engineer, repair or attempt to repair the Services or cause, or allow, anybody else to do any of these acts;
(d) must comply with our Acceptable Use Policy and Applicable Law when using the Services;
(e) are solely responsible for selecting, supplying and maintaining your own facilities and equipment, except where expressly provided otherwise in a Service Schedule;
(f) are solely responsible for the content and security of any data or information which you send or receive using the Services, except where expressly provided otherwise in a Service Schedule;
(g) are solely responsible for any use of the Services, or any Facility connected to the Services on your Premises, by you or any End User;; and
(h) must not resell or re-supply a Service to any third party, including any Affiliate, party without our consent (which we may give in our absolute discretion and subject to certain conditions); and
(i) must not infringe, violate or misappropriate our Intellectual Property Rights or the Intellectual Property rights of our Service Provider or any third party in performing your obligations or exercising your rights under this Agreement.
5.2 If you receive equipment from us you will have no right, title or interest to it, nor use it for any purpose other than in conjunction with the Services as directed by us. While our equipment is in your care or on your Premises, you are responsible for any theft or damage and must keep the equipment free and clear of any lien or other encumbrance. You must ensure that you have the necessary approvals and consents for the equipment to be installed and maintained at your Premises Premises, and provide a suitable physical environment for the correct operation of the equipment.
Appears in 1 contract
Samples: Global Business Services Agreement