Your Obligations and Responsibilities. 8.1 It is your sole responsibility to ensure that you are clear as to the functionality, design and/or other features of the requested Products, and (where you are a reseller) it is your sole responsibility to meet any needs or requirements of your end customers in respect of the Products. For the avoidance of doubt (subject to paragraph 10.1) Infinigate (UK) shall have no liability in respect of any one or more of these matters.
8.2 You must check the Products (or, in the case of Software, test the relevant Software to ensure that it is working) immediately upon receipt for completeness, compliance with the delivery documents and defectiveness. If no written complaint within seven (7) days from the delivery date has been made by you, the Products are considered as irrevocably accepted by you, unless it concerns a manifest defect which was not detectable at the time of first inspection by you.
8.3 If the delivered Products show visible damages or missing parts then you must record them on the notice of receipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall.
8.4 In case Services have to be provided within your business environment and/or your premises, you must ensure that such services can be provided properly (including, without limitation, that the relevant area is clear and safe for any installations required in respect of the Services). If this is not the case and for this reason the Services cannot be provided as expected, you shall bear sole responsibility. You will support Infinigate (UK) by ensuring, using your best endeavours and at your own expense, that the agreed Services can be provided by Infinigate (UK) and provide Infinigate (UK) with all information and documents necessary for the provision of the relevant Services. Should you not comply with your obligations under this paragraph 8.4, Infinigate (UK) is not obliged to perform the relevant Services.
8.5 If you are in default of any of your obligations under these Terms and Conditions or you provide any relevant information or carry out any action as required under these Terms and Conditions, then you are obliged to indemnify Infinigate (UK) for any costs, losses and/or expenses incurred by Infinigate (UK) due to any default, delay or omission on your part.
Your Obligations and Responsibilities. 3.1 Usage and maintenance At all times during the Term, you must:
(a) maintain the Equipment in good order, condition and repair (subject to fair wear and tear);
(b) only allow persons who are properly trained and competent, and if applicable, who hold current and requisite licences to use or operate the Equipment (Operators);
(c) ensure that all Operators only use the Equipment for the purpose for which the Equipment is intended to be used and in accordance with applicable usage guidelines we may provide;
(d) ensure that all Operators wear suitable clothing and protective equipment and that no Operators are under the influence of any substances;
(e) operate, maintain and store the Equipment with due care and diligence and in compliance with our and the manufacturer’s instructions and recommendations;
(f) not make any alteration, addition or attachment to the Equipment without first obtaining our consent;
(g) keep the Equipment under your control and refrain from selling or sub-letting the Equipment;
(h) comply with all relevant Laws, regulations and rules governing or relating to the operation of the Equipment;
(i) not take the Equipment outside of the state in which it was hired without our prior written consent; and
(j) not do, cause or allow to be done any act or omission which may endanger the safety or condition of the Equipment.
3.2 Consumable items We may provide certain consumable items as part of the initial delivery of Equipment. Maintaining a supply of consumables does not form part of our ongoing obligations under this Agreement and may be provided at your request for an Additional Fee.
Your Obligations and Responsibilities. You must cooperate with us on time at our request and at your own expense in any testing of the CDNaaS that we deem desirable.
Your Obligations and Responsibilities. 5.1 You must:
(a) make personnel available and to provide information, facilities, services and equipment as and when needed so that we can perform our obligations.
(b) perform regular back-ups of your data and software and store same off site.
(c) validate the fidelity and recoverability of your back-ups.
(d) install and maintain up-to-date Anti Virus protection of your data and software.
(e) use trained personnel to operate the software in accordance with our training recommendations.
(f) promptly notify us of any error messages or problems with the Software.
(g) use best endeavours to secure and prevent the unlawful copying of the Software.
(h) ensure that your Site is properly prepared prior to the implementation of the Software, to a level where Software can be installed in a manner which ensures performance to specification.
(i) ensure that designated equipment upon which the Software is to be installed meets or exceeds specifications advised by us.
5.2 We do not accept any liability for damage to data, the Software or other systems as a result of remote access. You agree to implement security, backup and disaster recovery procedures to protect against damage as an unlikely result of remote access.
5.3 You give us the authority to deal directly with your relevant service or network providers and/or any sub-contractors, on your behalf, in order to provide the services set out in this Agreement.
Your Obligations and Responsibilities. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Eulive, our affiliates, partners or licensors.
Your Obligations and Responsibilities. 2.1 You will be responsible for all your guests and any other persons permitted entry to Mac’s Function Centre (The Venue) by you, or someone on your behalf (be it before, during or after your function), including persons who enter The Venue for the purposes of providing equipment, goods, services or facilities for the purpose of your function.
2.2 If you have asked us to provide a venue hire rate based on an estimated number of attendees and this subsequently changes by more than 5%, you are required to advise us in writing of this change. You then are required to give us the option to requote the venue hire to reflect the changes.
2.3 The number of guests to your Function will not exceed the agreed number of guests and you will not bring into The Venue any food, beverages, equipment, vehicle or other goods for your function other than those agreed with you under this agreement.
2.4 You will ensure all your guests and any other persons permitted entry to The Venue by you or someone on your behalf (be it before, during or after your function) do not soil, damage or destroy any part of The Venue, including property or equipment (such as glassware, crockery and cutlery), be it property used for your function or otherwise. You agree to fully replace, repair and make good any such soiling, damage or destruction at your cost and provide a cash bond prior to the function if required to do so.
Your Obligations and Responsibilities. 5.1 You must cooperate with us on time at our request and at your own expense in any testing of the CDNaaS that we deem desirable. You must ensure that your systems meet any minimum specifications notified by us from time to time. You shall be entirely responsible for all content that you send or that is sent on your behalf over the CDN we operate for you. We shall have no liability in that connection and you shall indemnify us in respect of all such content use in accordance with the provisions of the Agreement. At all times you will obey our reasonable instructions regarding the use of the CDN and abide by our applicable AUP.
Your Obligations and Responsibilities. During the term of this Agreement, you shall perform the following obligations:
2.1 Acknowledge that time is of essence and You shall avail the licenses of the Products available on the Website, within the timelines that are specified. In the event that, there is any default from Your end, the Company shall be entitled to retain its subscription/service fee for the services rendered by the Company to facilitate the cancelled services.
2.2 You shall ensure that Your account on the Website is secured. The Company shall not be responsible for protecting the password.
2.3 You shall be responsible for the subscription payment charges with respect to the Products availed.
2.4 You shall fully co-operate with the Company, its affiliates, employees, representatives engaged by the Company, with respect to this Agreement.
2.5 You shall not indulge in any activity or participate in any transaction which is likely to jeopardize, restrict or diminish the marketability, feasibility or completion of the sale/transaction.
2.6 You shall keep strictly confidential all proprietary information exchanged between You and the Company in the course of availing the licenses of the Products.
2.7 You shall not make any representations to any person/entity on behalf of the Company.
2.8 You shall provide regular feedback/updates to the Company on the product usage and other aspects, if requested by the Company.
Your Obligations and Responsibilities. 4.1 At our request, the Customer will provide the cooperation and/or provide information desired by us in a timely manner.
4.2 You are responsible for the hardware and connections required for access to the Software. We at all times reserve the right to refrain from supporting or to only partially support obsolete and unsafe hardware.
4.3 You are responsible for the use of recent web browsers and operating systems supported by us or our suppliers. We at all times reserve the explicit right to refrain from supporting or to only partially support obsolete and unsafe web browsers.
4.4 You are responsible for the content, supply, control and migration of all data to be implemented and processed in the Software.
4.5 You are not permitted to:
a) allow third parties to use the Software;
b) use the Software for acts that violate English, Dutch or other applicable laws and regulations. This includes storing or distributing information that is libellous, defamatory or racist;
c) use the Software in such a manner as to cause nuisance or inconvenience for other users;
d) cause malfunctions and/or damage in the Software;
e) use the Software in a punishable or unlawful manner;
f) infringe our or our suppliers’ intellectual property and/or third parties; and
g) disclose, reproduce and/or otherwise share data, information and/or know-how of ours or our suppliers’ with third parties.
4.6 If We discover or reasonably suspect that You are not complying with your obligations under this Agreement or these terms and conditions, we are entitled to block the use of the Software by You until further notice and suspend the implementation of this Agreement or these terms and conditions, or to take any other required measures, without being obliged to pay any compensation. In that case, You are explicitly obliged to continue to meet all contractual and outstanding obligations.
4.7 You are obliged to protect your account against unauthorised access by third parties by means of a username and password. In particular, You are required to keep the password strictly confidential.
4.8 You are required to inform us of any suspected unlawful use of the Software.
Your Obligations and Responsibilities
