Your Obligations. You will: (a) at all times throughout the duration of the terms of this Exhibit ensure that all publicity, signage, and/or promotional material you issue, or have issued on your behalf, in respect of or in connection with the EMV PSP Service complies in all respects with the Codes of Practice and includes information which will enable the Service User to ascertain prior to use the charge which is payable for the purchase of the Offering. You will not in any publicity or other promotional activity state or imply any approval by NCR Voyix or its third-party suppliers of the Offering in any way without the prior written approval of a duly authorized officer of NCR Voyix or its third-party suppliers, as applicable; (b) ensure that before you make the Offering available to the Service User all such rights, authorizations, licenses, exemptions, consents and permissions have been obtained or granted and all such requirements of law or of any other competent authority or public body have been complied with as are necessary or prudent in connection with the Offering. You will at all times throughout the duration of the terms of this Exhibit maintain in full force and effect all such rights, authorizations, licenses, consents and permissions and comply with all such requirements; (c) provide to NCR Voyix such assistance and/or information as NCR Voyix or its third- party supplier may from time to time reasonably demand in order to comply with all or any requirements and conditions at any time and from time to time imposed by applicable law or regulation with respect to the EMV PSP Service; (d) undertake not to disconnect or interfere with the operation of the Terminals or the EMV PSP Service and will use your best efforts to prevent such disconnection or interference by a third party except where explicitly agreed in writing between NCR Voyix and you; (e) report to NCR Voyix any abuse or threatened abuse or loss of the EMV PSP Service or any factors affecting the performance of the EMV PSP Service as soon as practicable after you become aware of such abuse, loss or performance factors; (f) not use the EMV PSP Service in any manner whatsoever which constitutes a violation of any applicable law or regulation or which may cause NCR Voyix or its third-party supplier to be subject to any investigation, prosecution or legal action. NCR Voyix reserves the right to terminate this Exhibit or the Agreement with immediate effect in the event that you breach this subsection (f)...
Your Obligations. 4.1. You shall notify Us without undue delay, and comprehensively, of any defect or irregularity with regard to provisions on data protection detected by You in the results of Our work.
4.2. Where a data subject asserts any claims against Us in accordance with Article 82 of the GDPR, You shall, where possible, support Us in defending against such claims, at Our cost.
4.3. You shall notify Our point of contact listed in Exhibit 1 for any issues related to data protection arising out of or in connection with the Agreement.
Your Obligations. Is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment. You should check your account statement to verify that the amounts debited from your account are correct
Your Obligations. When instructing Us to place or to renew insurances, Your obligations will differ depending on whether You are classed as either a consumer or a commercial client.
Your Obligations. 3.1 You must be, and must remain at all times during the continuance of this Agreement, a Service User who has been accepted to use AUDDIS by BACS (a “BACS Approved Service User”). If You are not a BACS Approved Service User, We will use reasonable endeavours to assist You in becoming a BACS Approved Service User. However, unless and until You are a BACS Approved Service User, the Access EDD Website will not be made available to You. If You lose Your status as a BACS Approved Service User, You must immediately inform Us of that fact and We may (at Our option and subject to clause 16, Schedule 1 of the Terms and Conditions without liability to You) immediately terminate or suspend the provision of the eDirect Debit Services without notice to You.
3.2 You must be, and must remain at all times during the continuance of this Agreement, approved for PDD by Your Sponsoring Bank. If Youare not approved for PDD, We will use reasonable endeavours to assist You in obtaining approval for PDD from Your Sponsoring Bank. However, unless and until You are approved for PDD by Your Sponsoring Bank, the Access EDD Website will not be made available to You. If You lose Your status as being approved for PDD by Your Sponsoring Bank, You must immediately inform Us of that fact and We may (at Our option and subject to clause 16, Schedule 1 to these Terms and Conditions, without liability to You) immediately terminate or suspend the provision of the eDirect Debit Services without notice to You.
3.3 You will need to provide the following information to be able to use the eDirect Debit Service:
3.3.1 the Service User number, name and address;
3.3.2 Your email address and telephone number as it is to appear on the Advance Notice;
3.3.3 Your contact details as they are to appear on the final confirmation page of the Access EDD Website;
3.4 You shall ensure the suitability of Gift Aid and that the wording used in relation to Gift Aid that You provide to Us is in a form approved by HMRC.
3.5 The Access EDD Website has been developed in line with the BACS Rules and has a high degree of customisation. In the unlikely circumstance Your Sponsoring Bank rejects the Access EDD Website and requests changes which, acting reasonably and in good faith, We are unable or unwilling to make, We reserves the right to immediately terminate this Agreement on written notice without any further liability (subject to clause 16 of Schedule 1 to these Terms and Conditions) to You.
3.6 Following a User’s com...
Your Obligations. 2.1 Where specified in an Order, You will appoint a Project Manager, who will coordinate Your activities related to the Professional Services. You will ensure that the same person acts as Project Manager for the duration of the applicable Professional Services engagement; but if You need to change the Project Manager You must notify Us in writing of such change.
2.2 If at any time You or We are dissatisfied with the performance of one or more of Your or Our team members involved in the project for Professional Services, the dissatisfied party shall promptly notify the other party in writing of such dissatisfaction. The other party shall promptly consider the issue and offer a reasonable remedy to cure the dissatisfaction, which may include replacement of such team member. If the issue is still not resolved, the parties shall escalate the issue to the Project Managers.
2.3 You shall:
2.3.1 cooperate with Us on any matters relating to the Professional Services as set out in the Order and provide Us with prompt feedback to Our requests;
2.3.2 in the event Professional Services are provided on Your premises, provide Us with safe and adequate space, power, network connections, materials, CPU time, access to hardware, software and other equipment and information, and assistance from qualified personnel familiar with Your hardware, software, other equipment and information as We reasonably request for the performance of the Professional Services;
2.3.3 provide Us in a timely manner such Customer Materials and access as We may request in connection with the provision of the Professional Services; and
2.3.4 ensure that the Customer Materials are correct in all material respects, do not infringe any Intellectual Property Rights of any third party and do not breach any applicable law or regulation or any term of the Agreement.
2.4 You acknowledge that Our ability to successfully provide the Professional Services in a timely manner is contingent upon Our receipt from You of the materials, information, and assistance requested. We shall have no liability for delays or deficiencies in the Professional Services resulting from any act or omission of You or Your agents, sub-contractors or employees.
Your Obligations. 4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
Your Obligations. 4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
Your Obligations. Under the energy laws, you must provide us and our authorised representatives (together with all necessary equipment) safe and unhindered access to the premises, including taking appropriate action to prevent menacing or attack by animals at the premises, at any reasonable time to allow us to:
(a) read, test, maintain, inspect or alter any metering installation at the premises; and
(b) calculate or measure energy supplied or taken at the premises; and
(c) check the accuracy of metered consumption at the premises; and
Your Obligations. 4.1 You shall:
4.1.1 promptly bring to the Client’s notice any Client Information issued by Us from time to time;
4.1.2 supply to Us all Documents properly completed or input Documents into the Direct Debit System in accordance with Our instructions and deadlines in sufficient time to enable Us to supply the Accelerate Services in accordance with the BACS Rules;
4.1.3 allow Us direct contact with and access to the Clients, where strictly necessary, in order to supply the Accelerate Services or investigate complaints and other matters;
4.1.4 co-operate with Us in all matters relating to the Accelerate Services;
4.1.5 ensure at all times You have the right to pass to Us any information required to be passed to Us under this Agreement and that You are registered under the Data Protection (Charges and Information) Regulations 2018.
4.1.6 as soon as reasonably practicable, notify Us of any variations in or amendments to a Client's details contained in Documents previously supplied to Us and as soon as reasonably practicable notify Us of any changes in the amounts payable by Clients, (including for the avoidance of doubt, any cancellations by a Client);
4.1.7 if expressly agreed in writing with You, allow Us to publish Your name and logo on Our website,
4.1.8 keep any password and/or log-in details safe and secure and ensure they are used only by the nominated user;
4.1.9 not allow anyone else other than the relevant authorised user, access to the Direct Debit System;
4.1.10 as soon as reasonably practicable, notify Us of any intended or agreed transfer of any Client's direct debits to another supplier and undertake to facilitate any such transition of Client direct debits in accordance with the BACS Rules governing a transfer; and
4.1.11 be responsible for adhering to its sponsoring banks' agreed transaction and file limits for direct debits and BACS credits.
4.2 You acknowledge that Our ability to provide the Services is contingent on You complying with Your obligations set out in this clause. Accordingly, We shall have no liability to You or to any third party if We are unable to perform any of its obligations under this Agreement or the Services as a result of You having failed to comply with its obligations set out in this clause 4.
4.3 You shall at all times comply with the Appendices to these Product Specific Terms.
