Common use of Your Responsibilities Clause in Contracts

Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions.

Appears in 74 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

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Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly Voyix’wsholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights.ri 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions instCruustocmterions (“Customer Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions.

Appears in 15 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly Voyix’wsholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights.ri 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer instCruustocmterions ( Instructions”) provided to NCR Voyix by you or on byis enytitoleduto roelyrupoon n your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer InstructionscwoithmCpustlomieraInnstrcucetions.

Appears in 13 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Your Responsibilities. 7.1 You agree: 6.1 To use the services in accordance with this agreement, any instructions given by 21cns from time to time and any laws, regulations and licenses which apply to the use by you of the services. 6.2 Not to allow an alternative supplier to override or bypass 21cns’s service either through the installation of equipment or through the BT™ local exchange. 6.3 To be responsible for any engineering reprogramming costs or equipment removal costs that may be required to terminate the service of any previous supplier. 6.4 Not to use the service to transmit any material which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or in order to commit a fraud or other criminal offence. 6.5 Not to transfer or agree to transfer any number provided to you for use with the service, nor attempt to do so. 6.6 To the termination of your existing contract for equivalent services with your current provider and irrevocably authorise and request 21cns to cancel on your behalf any such existing contract and to provide 21cns with such information as 21cns reasonably requires and to allow access to the site at which the service is to be provided for 21cns, BT or any other telecommunications supplier to 21cns and you acknowledge that 21cns cannot process the provision of the services until such information is provided and such access is allowed. 6.7 You will be responsible for providing the site conditions 21cns advises you will be required for provision of the service including electricity supply connection points and computer terminals. 21cns will not be responsible for reinstating the site after the installation work has been carried out, other than where damage has been caused by 21cns. 6.8 You will ensure that your equipment meets all legal and regulatory requirements and is approved for connection to the network. You must disconnect any non-compliant equipment immediately or allow 21cns to do so at your expense. 6.9 You are responsible for installing removing any equipment not required for or incompatible with the service and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for returning it to its owner. 6.10 You consent to BT or other relevant service provider disclosing to 21cns any of the foregoing as part of your subscription information relating to the Service), compliance with applicable laws and regulations, and establishing any payment processing transfer or removal of BT’s (or other relevant service providers’) products and services certified by NCR Voyix for use with that exist on the Service (including through NCR Voyix’s wholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings line as at the time of its transfer to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction.21cns 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 6.11 You are responsible for complying with paying for all rulesservices billed to you by 21cns 6.12 You shall indemnify 21cns against all costs, bylawsdamages, programs, expenses and regulations losses and reasonable professional costs and expenses suffered or incurred by 21cns arising out of the payment card networks or in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix breach by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, other act or expense arising out of a claim omission by you under or any third party in relation to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructionsthis agreement.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Telecommunications

Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly Voyix¶wVholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights.Voyix¶V LQWHOOHFWXDO SURSHUW\ UL 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions.DQG LQVWCUuXstoFmWerLRQV

Appears in 3 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly ’ ws holly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights.’ s i n t e l l e c t u a l p r o p e r t y r i 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon a n d i n s t Cr uustocmteri o n s ( Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer InstructionsV o y i x ’ s cwoithmCpustlomi eraInstrcucetions.

Appears in 3 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

Your Responsibilities. 7.1 You are responsible for installing represent and configuring, and agree to the following by enrolling in Mobile Banking or by using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any : • You represent that you are the legal owner of the foregoing as part of your subscription to the Service), compliance with applicable laws Account(s) and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates)financial information which may be accessed via Mobile Banking. You are solely responsible for reviewing any default or automated settings represent and configuring applicable settings agree that all the information you provide to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability us in connection with Mobile Banking and any associated features and services is accurate, current and complete, and that you have the right to provide such settings or configurationsinformation to us for the purpose of using Mobile Banking. You acknowledge that NCR Voyix does agree not provide legal, tax or accounting adviceto misrepresent your identity. You represent that you are an authorized user of the Device you will provide NCR Voyix use to access Mobile Banking.</p> • You agree to take precautions to ensure the safety, security and integrity of your network, system, data, account and relevant information as reasonably required to perform the Servicetransactions while using Mobile Banking. You acknowledge that NCR Voyix personnel may requireagree not to leave your Device unattended while logged in and to immediately log off at the completion of each access by you. You agree not to provide your NetTeller ID (User Name), and password or other access information to any unauthorized person. If you will providepermit other persons to use your Device, the ability login or other means to access Mobile Banking, you are fully and correct transaction or input data while the Service is being provided to you. NCR Voyix is not wholly responsible for any damage caused by errors or omissions in transactions they may authorize and we will not be liable to you for any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expensedamages. NCR VOYIX YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS NOT RESPONSIBLE FOR AT YOUR RISK AND DOES NOT WARRANT THE PERFORMANCE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRIGMENT. WE MAKE NO WARRANTY THAT THE SERVICES (1) WILL MEET YOUR REQUIREMENTS, (2) WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (4) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT NCR VOYIX WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF RVCU HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, BEEN INFORMED OF THE POSSIBILITY THEREOF. This Remote Deposit Anywhere User Agreement (“Agreement”) contains terms and other intellectual property NCR Voyix uses to provide conditions for the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity Remote Deposit Anywhere that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions Rock Valley Credit Union (“Customer InstructionsRVCU”, “Us” or “We”) provided may provide to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage(“You”, or expense arising out “User”). Other agreements you have entered into with RVCU, including your membership, amended from time to time, are incorporated by reference and made a part of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructionsthis Agreement.

Appears in 2 contracts

Samples: Mobile Banking and Remote Deposit Agreement and Disclosure, Mobile Banking and Remote Deposit Agreement and Disclosure

Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly Voyix¶wVholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights.Voyix¶V LQWHOOHFWXDO SURSHUW\ UL 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer DQG LQVWCUuXstoFmWerLRQV Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon ´ SURYLGHG WR 1&5 9R\L[ E\is en\titRledXt o rRelyUu poRn Q \RXU Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions9R\L[¶V FwRithPCSustOomLerDInQstrFucHtio ns.

Appears in 2 contracts

Samples: Merchant Agreement, Merchant Agreement

Your Responsibilities. 7.1 The following responsibilities apply whether your Solution is provided as a Hosted Solution or is distributed to a Customer (transfer of title to Machine Component) for on-premise deployment. You are responsible for installing and configuringagree: a. that when an applicable Service includes IBM providing you with any access codes, and using the Serviceaccess to electronic diagnostic tools, Softwareinformation databases, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for Service delivery facilities, you shall limit the use with the Service (including through NCR Voyix’s wholly owned affiliates). You of these items to only those who are solely responsible for reviewing any default or automated settings authorized to use them under your control and configuring applicable settings only in support of Appliances and Services identified in Supplements; b. to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, Appliance via modem or the internet for remove problem diagnostics and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activitycorrection. You are responsible for performing its own evaluation of any resultssupplying the modem and telephone lines required at the Specified Location and for providing IBM temporary user access to your Appliance. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You shall ensure that these remote activities are performed under your control. You are responsible for all i) any data and the content of any database you or your Customer makes available to IBM in connection with a Service under this Exhibit, ii) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data, informationand iii) backup and recovery of the database and any stored data. Failure to provide remove access to your Appliance may delay problem resolution time; c. to pay any communications charges associated with accessing these Services including, materials but not limited to, phone and instructions (“Customer Instructions”) provided Internet connection charges, unless IBM specifies otherwise in writing; d. that prior to NCR Voyix by you making your or on your behalf. NCR Voyix is entitled Customer’s facilities, software, hardware, networks or other similar resources available to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect IBM, to promptly obtain any losslicenses or approvals necessary for IBM or its subcontractors to use, liability, cost, damage, or expense arising out of a claim by you or any third party access and modify such resources to the extent that necessary for IBM to perform the Services. IBM will be relieved of its obligations to perform the Services to the extent your failure to promptly obtain such licenses or approvals adversely affect IBM’s ability to perform its obligations. If a third party asserts a claim arises against IBM as a result of NCR Voyixyour failure to promptly obtain these licenses or approvals, you agree to reimburse IBM for any costs and damages that IBM may reasonably incur in connection with such claim; e. that certain Machine Component types may require the installation and use of remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution; f. to follow the Service instructions (and ensure that your Customer follows such instructions) that IBM provides or that may be specified in the Appliance Support Handbook at: xxxx://xxx.xxx.xxx/software/appliance/support. (These instructions may include directions for installing a Machine Code Component and other Program updates either downloaded from an IBM Internet Web site or copied from other electronic media in order to maintain the currency of the Appliance); and g. to use the information obtained under these Services, including electronic diagnostic and service delivery facilities, only for the support of the information processing requirements of you or your Customer, as applicable. In addition, you acknowledge that IBM is permitted to use global resources (non-permanent residents used locally and personnel in locations worldwide) for the delivery of the Service. You will ensure that your Customer abides by the terms in this section when IBM provides Services for an Appliance installed at such Customer’s compliance with site. You will provide remote Level 1 Support to Customers for the Appliance. You will engage IBM for onsite Support and Services for the Machine Components and Machine Code Components of the Appliance. You will provide remote Level 2 Support for the Program Components. You agree to act as an interface to the Customer Instructionsfor all Services and Support IBM provides to you for the Appliance. You agree to train and maintain at least two personnel to perform the tasks required of you under this Exhibit. You agree to use commercially reasonably efforts to ensure that at least two members of your support team are sufficiently trained in the Appliance to be approved to access IBM support. If IBM reasonably deems it necessary, you may be required to maintain additional personnel. For the purpose of this Exhibit, Level 1 Support means taking the first support call from a Customer and fulfilling the following steps: (i) Qualify incoming calls: Determine if the request is for a new or existing case. 7Assign a priority to a new case (priority one through priority four). For existing cases, obtain case information. (ii) Characterize the problem and environment: Gather information about the case and determine if a Machine Component, Machine Code Component or a Program is causing the problem. If a Machine Component or Machine Code Component is causing the problem, contact IBM for on-site Appliance Support. If it is a Program causing the problem, completely define and describe the problem. Identify ways to understand the problem’s behavior. Document the characterization information. Analyze problem symptom(s), attempt to find root cause when appropriate and describe the result of such attempts. Determine if the problem is a known Program problem by accessing IBM online support resources, and (iii) If it is determined to be a Program problem, contact IBM technical support. For new cases, open a case and select a priority. For existing cases, state the case number. Provide the case information you have gathered to the support engineer. Level 2 Support means the service provided to analyze or repeat the error, or to determine that the error is not repeatable. This service also includes in-depth technical analysis.

Appears in 1 contract

Samples: Ibm Application Specific License Software Agreement (VirtualArmour International Inc.)

Your Responsibilities. 7.1 You will access and use the Product using a valid and subsisting user name and password registered with Simutech (collectively, “Credentials”). Credentials are responsible for installing and configuringspecific to the You, and using except as expressly permitted by this Agreement, may not be shared with or transferred to any other person, all credentials created by You on behalf of Your company must be unique and assigned to a named end user of the Serviceproduct. You will ensure that Your Credentials are secure and confidential at all times, Softwaredo not permit any other person to use Your Credentials, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for shall immediately notify Simutech if You know or suspect that i) Your Credentials have become known to or used by any other person; or ii) that any unauthorized copy or distribution of the foregoing as part of your subscription to the Service)Product, compliance with applicable laws and regulationsDocumentation, and establishing Software or any payment processing or other services certified materials owned by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates)Simutech. You are solely fully responsible and liable for reviewing the security of all Credentials and all use and misuse of Credentials. If Simutech, in its discretion, considers a Credential to be unsecure or to have been used inappropriately, then Simutech may immediately cancel the Credential without any default notice to You or automated settings any other person and configuring with out issuing you a credit or refund. Simutech may require You to change Your Credentials from time to time. Notwithstanding the foregoing, You are permitted to assign the License and associated Credentials granted to You to another user within the named Site the License was purchased for as set forth in the Invoice, for a limit of one (1) assignment in one Calendar year, provided the data and history of the previous user has been deleted. You are fully responsible and liable for all acts and omissions occurring under Your Credentials and in association with Your access to and use of the Product and/or Simutech Services, the Documentation and the Software. You will fully comply with all of Your obligations under this Agreement, and all of the requirements, restrictions and limitations regarding Simutech’s Services, Documentation and Software set forth in this Agreement. You will abide by all applicable settings to meet all legallocal, regulatory provincial, national and other requirements applicable to your business. NCR shall have no liability foreign laws, treaties and regulations in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your Your use of the Product and/or any Simutech Service, Software including those relate to data privacy, international communications and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim the transmission of technical or loss resulting from your failure to fulfill your responsibilities under this Sectionuser data. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructions.

Appears in 1 contract

Samples: Subscription License Agreement

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Your Responsibilities. 7.1 Access to the firewall facilities is controlled through IP addresses that you register with us. You must have an InterNIC registered (or equivalent standards body) IP address name to facilitate communication with the Internet or you must have translation devices that convert your internal addresses into valid InterNIC or equivalent addresses. We manage the firewall facilities on our premises with input parameters that you provide to us, including the information for registration of you and your End Users. We will provide you with a list of the firewall facilities and input parameters. You are responsible for installing informing us which parameters you select and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for informing us of any of the foregoing as part of your subscription changes to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates)those parameters which you wish to make. You are solely responsible for reviewing any default or automated settings and configuring applicable settings the results obtained from the firewall facilities. We will use reasonable efforts to meet all legal, regulatory and other requirements applicable to implement your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advicerequested changes within two business days of being notified. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably be required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability complete a customer assessment form to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions assist us in any information, instructions, data, or scripts you or a third party provides on collecting your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activityspecific firewall parameter input. You are responsible for performing the selection, installation, maintenance and configuration of the appropriate workstation client software for communication with the firewall facilities. We will provide you a list of attachment tested client software and configuration information. We do not warrant the availability nor the accuracy of resources on the Internet. We do not screen or censor the access of you or your End Users to servers and content on the Internet. You may obtain some information on user access from the summary and optional reports. Any information downloaded from the Internet by you or your End Users is your responsibility, including but not limited to viruses and logic bombs. We are not responsible or liable for any actions you or your End Users may take with the firewall facilities. Any action to limit access to the Internet and its own evaluation of any resultssites is your sole responsibility in setting up the options under the firewall facilities and in your applications. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You and your End Users are responsible for all dataadhering to the Acceptable Use Policy as referred to in this Service Description. We will provide a help desk and/or other facilities for reporting any problems with the firewall feature. You and your End Users may use these facilities. In addition, informationyou will: provide up to three firewall contacts that will be your focal points for authorized firewall support and operations; be responsible for external DNS resolution; provide the IP profile of registered End Users. The IP profile can be a list of fully qualified IP addresses, materials or IP address subnets; and instructions (“Customer Instructions”) be responsible for any modification to your End User's client software to use SOCKS-based Internet applications or stacks. We will provide a guide to assist you with the client enablement process. Your designated IT contacts have access to restricted Web pages that contain information about the firewall facilities such as: information you have provided to NCR Voyix by you or us regarding the firewall facilities; log reports on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out use of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructionsfirewall facilities (the log reports do not contain information regarding Managed Data Network Services remote access); and general firewall facility information.

Appears in 1 contract

Samples: Business Partner Agreement (QRS Corp)

Your Responsibilities. 7.1 a. When using the Accounting Console Services, You are solely responsible for installing and configuring(i) using the Accounting Console Services in compliance with this Agreement, the Documentation, and using all applicable laws and governmental regulations; (ii) enabling computing systems to utilize the ServiceAccounting Console Services via the Internet and to receive alerts, Softwarenotifications and information from Vertex; (iii) managing all of Your user names and passwords in a secure manner and not disclosing Your credentials to others; (iv) determining Your desired results from Your use of the Accounting Console Services, Documentation and Ancillary Materials, evaluating the capabilities of the Accounting Console Services and successfully configuring and operating the Accounting Console Services, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for v) ensuring that any results or tax returns generated by Your use of the foregoing as part of your subscription Accounting Console Services, Documentation and Ancillary Materials are used and, with regard to the Service)tax returns, compliance prepared and filed in accordance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, any results or tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform returns generated by the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Accounting Console Services may perform analysis of transaction records designed to identify transaction patterns and activity contain or produce tax or other calculations that may be indicative based, in part, upon interpretations of fraudfederal, state and foreign tax laws and other regulations or statutes. b. When using the Accounting Console Services, You will only access a client’s accounts or its Client Data on the Vertex Cloud Portal, through the Accounting Console Services, if such client provides express permission on the Vertex Cloud Portal for such access by You. You acknowledge that the indicia reported by such The substantive content and Accounting Console Services may are for informational purposes only and do not necessarily be the result of fraudulent activityconstitute legal advice, nor are they intended to replace or subvert Your professional opinion, advice or experience. You are responsible for performing its own evaluation all tax results, calculations, outcomes, conclusions, tax returns and any advice You provide to Your Clients. You agree to indemnify, defend and hold Vertex harmless against any and all liability, loss, damages, costs, legal costs, professional and other expenses of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all data, information, materials and instructions (“Customer Instructions”) provided to NCR Voyix nature whatsoever incurred or suffered by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense Vertex arising out of a claim by you Your use of or reliance on any third party substantive content made available to You, or the extent that claim arises as a result of NCR Voyix’s compliance with Customer InstructionsAccounting Console Services.

Appears in 1 contract

Samples: Vertex Cloud Portal Agreement

Your Responsibilities. 7.1 6.1 You will not permit anyone other than NCR to perform Second Line Maintenance on any ATM covered by this Addendum. 6.2 You are responsible for installing initially determining that the ATM requires service and configuring, and using will follow the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified service request procedures provided by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your directionNCR. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 6.3 You are responsible for complying with all rules, bylaws, programspreparing the ATM site prior to delivery, and regulations of maintaining it thereafter in accordance with the payment card networks in connection with your use of the ServiceATM manufacturer's specifications and NCR's site safety specifications (which will be provided upon request), Software and Hardwarefor providing safe and adequate working conditions for NCR's service personnel, as applicableincluding appropriate utility service and, if required, local telephone extensions. You will defend Subject only to reasonable and indemnify necessary security regulations, you agree to permit NCR Voyix against any claim or loss resulting from your failure access to fulfill your responsibilities under this Sectionall ATMs to be maintained by NCR. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. 6.4 You are responsible for performing its own evaluation for: (a) Installation, testing, and operation of any results. NCR Voyix does not guarantee the detection of fraudulent transactionsall software Updates. 7.6 (b) Provide all necessary consumables for service of the ATM (cash, paper, ribbons, etc.). 6.5 You represent that you have the owner's authority to permit NCR to service any ATM which you do not own. 6.6 You are responsible for all dataproducts and services provided by parties other than NCR, informationwhether or not NCR recommended them or assisted in their evaluation, materials and instructions (“Customer Instructions”) provided selection, or supervision. The failure of those products, services or suppliers to meet your requirements will not affect your obligations to NCR Voyix by under this Addendum. 6.7 If equipment is removed from its location, or moved to another location, you or on your behalfare responsible to notify NCR, in writing, of the changes and for securing all Valuables prior to the move. If NCR Voyix is entitled has undertaken responsibility for Valuables under an Appendix to rely upon Customer Instructions. In no event this Addendum, NCR will NCR Voyix not be liable with respect to for any loss, liability, cost, damage, or expense arising out of a claim by you or any third party loss if your actions prevent NCR from securing the Valuables prior to the extent that claim arises move. 6.8 You will use all commercially reasonable efforts to recover Valuables, including correcting the transaction (debiting the account) of any customer, for an ATM Loss due to improperly dispensed Valuables as a result of NCR Voyix’s compliance with Customer Instructionsmisloaded denominations, misconfigured cassettes or misloaded cassettes.

Appears in 1 contract

Samples: Atm Services Addendum (Cardtronics Inc)

Your Responsibilities. 7.1 You are responsible for installing and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates). You are solely responsible for reviewing any default or automated settings and configuring applicable settings to meet all legal, regulatory and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurations. You acknowledge that NCR Voyix does not provide legal, tax or accounting advice. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably required to perform the Service. You acknowledge that NCR Voyix personnel may require, and you will provide, the ability to access and correct transaction or input data while the Service is being provided to you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or a third party provides on your behalf in connection with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the Service, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICES, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICES. 7.3 Title to hardware, software, systems, documentation, and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rulesTerms and Policies for the Internet Access Service, bylawsas well as any other separate terms and conditions applicable for any other services or products you obtain from iGoClear. If needed, programsyou are responsible for providing access to the Premises as scheduled with iGoClear for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and regulations other activities of the payment card networks iGoClear in connection with your use of the Equipment and Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any resultsensuring that your equipment has the minimum hardware and software requirements necessary to use the Equipment and Service. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible for all dataintegrating and troubleshooting your local area network, informationinternal network, materials and instructions (“equipment as necessary. iGoClear will not be responsible for any loss of use of Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. You will reimburse iGoClear for any loss or damage to our Equipment, reasonable wear and tear excepted, including the actual cost of repair of the Equipment or charges for the Equipment at full retail price. In accessing the Service, you agree to utilize the troubleshooting guides and user information provided by iGoClear or available at xxx.xXxXxxxx.xxx prior to contacting iGoClear Customer Instructions”) provided Care. iGoClear Customer Care will troubleshoot and support you on Service and Equipment issues pertaining to NCR Voyix by the iGoClear network and Service only, and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and iGoClear determines that the problem is your responsibility, iGoClear reserves the right to invoice you or on your behalfrequire full payment in another form for the cost of the service call. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be You are liable with respect to for any loss, liability, cost, damage, or expense arising and all liability that may arise out of a claim the content transmitted by or to you or any third party person, whether authorized or unauthorized, using the Service and/or Equipment provided to you ("Users"). You will assure that your or Users' use of the extent Service and content will at all times comply with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) and all applicable laws, regulations and written and electronic instructions for use. iGoClear reserves the right to terminate or suspend affected Service, and/or remove your or any other User's content from the Service, if iGoClear determines that claim arises as a result such use or content does not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) or interferes with iGoClear's ability to provide Service to you or others or receives notice from anyone that your or Users' use or content may violate any laws or regulations. iGoClear's actions or inaction under this Section will not constitute review or approval of NCR Voyix’s compliance with Customer Instructionsyour or Users' use or content.

Appears in 1 contract

Samples: Internet Access Agreement

Your Responsibilities. 7.1 a. You are solely responsible for installing accepting and configuring, and using the Service, Software, and Hardware, including account set up and configuration settings (unless NCR Voyix provides remote support receiving payment from your customers for any of the foregoing as part of your subscription to the Service), compliance with applicable laws and regulations, and establishing any payment processing or other all services certified by NCR Voyix for use with the Service (including through NCR Voyix’s wholly owned affiliates)resold. You are solely responsible for reviewing any default or automated settings ensuring that your account has adequate funds available for prepayment of resold services. b. You are solely responsible for ensuring that the content of Your Site and configuring the products and services that you offer from Your Site comply with all applicable settings to meet all legal, regulatory copyright and other requirements applicable to your business. NCR shall have no liability in connection with such settings or configurationslaws. You acknowledge must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so. c. It is the sole responsibility of the Partner that NCR Voyix does resells our services to ensure that all customer's who purchase the Domain Services agree to be bound by our current agreements and policies as they pertain to domain registration. The Partner agrees not provide legalto change the agreements in anyway unless authorized by our representative in writing. The policies can be found at xxx.xxx.xxx/xxxxxxxx. d. As the sponsoring reseller of a domain, tax credit card chargebacks are the sole responsibility of the Partner. e. You are solely responsible for ensuring that you do not send automated, electronic processes that send queries or accounting advicedata to the systems of any Registry Operator or ICANN-Accredited registrar (including GKG), except as reasonably necessary to register domain names or modify existing registrations (this policy applies to both information included in the registration process and in Whois queries). If in fact this policy is broken, the following actions will be taken immediately: (i) First infraction - GKG will immediately block all your IP #s, therefore blocking you from accessing any GKG domain registration service until such time as you can prove to GKG's satisfaction that you have corrected the problem. You will provide NCR Voyix access to your network, system, data, and relevant information as reasonably also be required to perform sign the Service. You acknowledge Financial Loss Prevention Form, stating that NCR Voyix personnel may requireyou assume responsibility for any and all future financial loses suffered by GKG as caused by any future deviations from this policy. (ii) Second infraction - GKG will immediately block all your IP #s, therefore blocking you from accessing any GKG domain registration service until such time as any financial losses can be assessed and you will provide, the ability to access and correct transaction or input data while the Service is being provided to are paid in full by you. NCR Voyix is not responsible for any damage caused by errors or omissions in any information, instructions, data, or scripts you or In order to continue a third party provides on your behalf in connection business relationship with the Service, or any actions NCR Voyix takes at your direction. 7.2 To use the ServiceGKG, you must maintain internet access at your own expense. NCR VOYIX IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE PERFORMANCE OF ANY INTERNET SERVICE OR OTHER PROVIDER OR ITS SERVICESplace 75% of current financial losses, AND YOU AGREE THAT NCR VOYIX HAS NO LIABILITY TO YOU FOR SUCH PERFORMANCE OR SERVICESas a security bond, (over and above the amount to be paid) in an account from which GKG may draw in the case of a future infraction. 7.3 Title to hardware(iii) Third infraction - GKG will either, softwareat our sole discretion, systems, documentation, terminate all business contacts with you and other intellectual property NCR Voyix uses to provide the Service will remain with NCR Voyix or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect NCR Voyix’s intellectual property rights. 7.4 You are responsible for complying with all rules, bylaws, programs, and regulations of the payment card networks in connection with your use of the Service, Software and Hardware, as applicable. You will defend and indemnify NCR Voyix against any claim or loss resulting from your failure to fulfill your responsibilities under this Section. 7.5 Certain Services may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. You acknowledge that the indicia reported by such Services may not necessarily be the result of fraudulent activity. You are responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions. 7.6 You are responsible seek compensation for all data, information, materials and instructions financial losses or repeat step (“Customer Instructions”) provided to NCR Voyix by you or on your behalf. NCR Voyix is entitled to rely upon Customer Instructions. In no event will NCR Voyix be liable with respect to any loss, liability, cost, damage, or expense arising out of a claim by you or any third party to the extent that claim arises as a result of NCR Voyix’s compliance with Customer Instructionsii).

Appears in 1 contract

Samples: Partner Program Agreement

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