YOUR RESPONSIBILITY AND LIABILITY Clause Samples
The "Your Responsibility and Liability" clause defines the obligations and potential legal exposure of the party addressed, typically the user or customer, under the agreement. It outlines what actions or omissions the party is accountable for, such as complying with laws, safeguarding confidential information, or using services appropriately. This clause also specifies the extent to which the party may be held liable for damages, losses, or breaches. Its core function is to clarify the scope of responsibility and allocate risk, ensuring both parties understand their duties and the consequences of failing to meet them.
YOUR RESPONSIBILITY AND LIABILITY. 6.1 The Services shall be carried out using reasonable skill and care in accordance with the provisions and the spirit of the Code of Conduct which appears in Appendix 1. We strongly urge that you have your own professional indemnity insurance.
6.2 You warrant that the Services shall be fit for the purpose specified by us in the relevant Order. If we consider that the Services are not fit for the purpose specified or are, in our reasonable opinion, not fit for transmission to the Client, we shall be entitled to reject the Services and you shall, at our option either take such steps as are necessary to improve the Services or refund payment
6.3 You warrant that you hold the level of DBS (Disclosure and Barring Service) or Access NI checks as applicable and you agree to provide evidence of this if we request it. You agree to renew the DBS or Access NI every year and to provide evidence of that renewal as requested by us.. You agree to complete a self –declaration if we request one so we can be assured that you are compliant with our Client’s contractual requirements
6.4 You acknowledge that the provision of Services by you under a Contract will result in you acquiring confidential information, trade secrets and knowledge about our business, operations, customers, employees and trade connections and those of our customers and clients. You may also come into direct contract with our customers and Clients. You therefore agree to enter into the restrictions in this clause for the purpose of protecting our legitimate business interests and in particular our confidential information, goodwill and customer connections. You agree that you will not directly or indirectly, on your own behalf, or on behalf of any person, firm or company in connection with any business which is competitive to our business of providing linguistic services to our customers and Clients, for a period of 3 months after the expiry or termination of a Contract solicit or canvass the custom of any customer or client of ours to which you were involved in providing the Services either directly or indirectly in the course of performing the relevant Contract. This restriction shall not prevent you from providing relevant services to any such customer or Client of ours in the absence of any solicitation or canvassing by you.
6.5 YOU AGREE, UPON DEMAND, TO INDEMNIFY US WHICH FOR THE PURPOSES OF THIS CLAUSE INCLUDES OUR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, STAKEHOLDERS, MEMBERS, PARTNERS, SUB- CONT...
YOUR RESPONSIBILITY AND LIABILITY for Unauthorized Use and Lost or Stolen Cards or Convenience Checks: If your Card or Convenience Checks are lost or stolen, or if you are afraid someone used or may use them without your permission, you must notify the Credit Union at once by calling 1-800- ▇▇▇-▇▇▇▇. If notice is given orally, you will promptly confirm it in writing. The Credit Union may require you to provide us certain information in writing to help us investigate any unauthorized use. Further, you agree to cooperate and assist us or any government or law enforcement agent or agency in investigating, collecting or pursuing any other rights (civil and criminal) relating to any unauthorized use. In this regard, you agree to file an appropriate police report when asked to do so. Do not use the Card or the Convenience Checks after you have notified the Credit Union, even if you find them or have them returned to you. You are liable for all transactions that you authorize. No Liability: You will have no liability for unauthorized use of your Card, Convenience Checks or other Access Devices for non-ATM transactions made over the VISA Network if the following conditions are met:
(1) You have not been grossly negligent; and (2) You have not committed, participated in or conspired to commit any fraudulent act or scheme involving the use of your VISA credit card account. Limited Liability: For transactions on other networks or ATM transactions, you may be liable for unauthorized transactions using your Card, Convenience Checks or other Access Devices that occur before we are notified. However, your liability for unauthorized use on networks other than VISA will not exceed $50.00. In any case, you will not be liable for any unauthorized use after notifying us of the loss, theft or unauthorized use of your Card, Convenience Checks or other Access Devices.
YOUR RESPONSIBILITY AND LIABILITY. 6.2.1 You or, if applicable, Your landlord must ensure that Your Home’s Energy System is maintained and repaired and, where necessary, replaced and We shall not be liable for the cost of the maintenance, replacement or repairs of any part of Your Home’s Energy System except to the extent such maintenance, replacement or repairs has been caused by Us. If the state of Your Home’s Energy System is causing problems, or We believe on reasonable grounds that it is likely to cause problems, to the Energy System, the Meter or the HIU unless it is repaired or replaced, We may suspend the Energy Supply to Your Home until Your Home’s Energy System has been repaired or replaced to Our reasonable satisfaction.
6.2.2 You are responsible for procuring the electricity and mains cold water required by the HIU.
6.2.3 You agree that You are responsible to Us for any damage or loss to the Energy System, the Meter or the HIU which in each case to the extent it is caused by any work that You do or have done (other than where carried out by Us) to Your Home’s Energy System (for example, where such loss or damage is caused by You draining Your Home’s Energy System or moving radiators), or where You fail to maintain or repair Your Home’s Energy System (for example by failing to repair leaks).
6.2.4 You must not and (in respect of the Meter and HIU to the extent that such Meter or HIU is within Your Home) must not allow any third party for whom You are responsible to:
(a) tamper with or damage the Energy System, the Meter or the HIU; or
(b) misuse Your Home’s Energy System so that it causes any damage to the Energy System, the Meter or the HIU.
YOUR RESPONSIBILITY AND LIABILITY. If a fraudulent or unauthorized transaction occurs, your liability is dependent upon how quickly you notify the Credit Union. Refer to the Business Debit Card Agreement in your Business Accounts and Services Membership Agreement. You agree that transactions are considered authorized if initiated by an Authorized Signer, an Authorized User, or any other person you allow to use your Access ID and PIN even if the transaction exceeds the authority you have given. Transactions are also considered authorized if an Authorized Signer, Authorized User, or any other person you allow to use your Assess ID and PIN fails to take precautions to safeguard any Access Device, Access ID, and/or PIN. You are responsible for keeping your login, password, and account data secure. We are entitled to act on transaction instructions received from you, and you agree that the use of your login and password will have the same effect as your signature authorizing or authenticating your identity and verify the instructions you have provided to us. If you grant authority to Authorized Users, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your password. You are responsible for any transactions made by an Authorized User until you notify us that transfers by that Authorized User are no longer authorized and we have had a reasonable time to act.
YOUR RESPONSIBILITY AND LIABILITY. You warrant that you will perform your obligations under this Agreement consistent with all applicable Bank rules and regulations, and that all information that you provide us is accurate, timely, and have been authorized by you. Use of these services is at your own risk. You are responsible for the installation, maintenance, and operation of your computer and browser software, anti-virus software and personal computer firewall. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate the computer software properly. Undetected or un-repaired viruses may destroy your programs, files, and even your hardware. We encourage you to purchase and employ a reliable firewall on your computer that will protect your computer from intrusion while you are connected to the Internet. You are solely responsible for the proper installation, configuration, and maintenance of an intrusion detection system you may employ. You acknowledge that you shall be fully responsible and liable for any transactions initiated under this agreement. You acknowledge that you are in the best position to monitor the use of the online Banking Service, avoid errors in transmitting transactions through the use of the online Banking service, protect the confidentiality and secrecy of the passwords and govern the authority given to each authorized user.