Obligations of the Customer. 3.1 The Customer agrees to:
(a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause.
(b) Pay the Company the Price for carrying out the Works in accordance with this agreement;
(c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents;
(d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace);
(e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works;
(f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons;
(g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works;
(h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so.
3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer.
3.3 Where the Customer requests any Related Work to be carried out, the Company will us...
Obligations of the Customer. 6.1. For the proper processing of business transactions, it is necessary that the Customer without undue delay notifies Trade Republic of any changes regarding the Reference Account provided as well as the Customers’ contact details, in particular changes to the Customers’ mobile number as well as address. In addition, further legal notification obligations may arise, in particular from the German Money Laundering Act (Geldwäschegesetz – hereinafter “GwG”) (e.g., proof that the Reference Account is held in the name of the Customer). If the Customer negligently violates the duties to cooperate, the Customer must compensate Trade Republic for the resulting costs and expenses (e.g., for an address investigation).
6.2. The Customer shall without undue delay check the correctness and completeness of the statements, Custody Account and income statements, other statements (e.g., about transactions in Crypto Assets), as well as notifications on the execution of orders, which are posted in the Mailbox (Timeline) or sent in another way and shall raise any objections without undue delay.
6.3. If the Customer does not receive the documents referred to in Clause 6.2. above, the Customer must notify Trade Republic without undue delay. The obligation to notify Trade Republic also exists in the absence of other notifications that the Customer expects to receive.
6.4. If and to the extent that Trade Republic wishes to expressly agree with the Customer on new provisions in the Customer relationship (cf. Clause 9.2.), the Customer is obligated to submit a declaration of intent, either acceptance or rejection, to this effect to Trade Republic.
6.5. The Customer is obliged to independently monitor the performance of their investments and their tradability. This applies in particular if, due to the failure of a trading venue or the trading possibility via Trade Republic, the Customer was unable to execute a requested transaction. The Customer is then obliged to continuously monitor when the trading possibility is restored in order to execute the requested transaction.
Obligations of the Customer. 6.1 The Customer shall notify Company immediately (and confirm in writing) on becoming aware that any SIM Card has been lost or stolen or that any person is making improper or illegal use of a SIM Card.
6.2 The Customer will be responsible for any Charges incurred as a result of unauthorised use of any SIM Card, or the information contained within a SIM Card, until Company has received a request from the Customer to suspend the provision of Mobile Services to that SIM Card.
6.3 The Customer shall, and shall take all reasonable steps to ensure that its employees will:
(a) not use the Mobile Services in any way to generate AIT; and
(b) not, without the prior written consent of Company which may be withheld at Company’s absolute discretion, establish, install or use a Gateway so that telecommuni- cation services are provided via the Gateway.
6.4 The Customer agrees not to use SMS or MMS for the purpose of marketing or advertising anything to users of Mobile Ser- vices without the consent of those users.
6.5 The Customer agrees that in respect of SMS and MMS, Com- pany is procuring access to a network operator and as such has no knowledge of, involvement with, or liability for the specific content of any text messages sent to the Customer’s SIM Cards, which do not originate from Company.
6.6 The Customer shall not be permitted to transfer a SIM Card from the tariff which that SIM Card was originally connected to under the Agreement to another tariff except where Company at Company’s absolute discretion agrees to do so and confirms such a change in writing to the Customer.
6.7 Company can at its discretion suspend any SIM Card from making calls (other than to emergency services) and discon- nect any SIM Card from the Mobile Services if Company has reasonable cause to suspect fraudulent use of the SIM Card or relevant Mobile Equipment, or either are identified as being stolen. The Customer shall remain liable for all Charges levied in accordance with the Agreement during any period of suspen- sion.
Obligations of the Customer and changes The Customer shall inform Sioux in full of all relevant information and data for the correct performance of the Services and supply of Goods by Sioux. The Customer warrants that any information provided: a) if it was factual information, is complete, true and accurate in all material respects; b) if it was a project related forecast or an opinion, is prepared on the basis of up to date information. All additional costs due to changes in work contracted, be it due to specific instructions of the Customer, or due to the information provided not being accurate or not in accordance with the Customer’s products being processed, shall be borne by the Customer. In the event that the work can no longer be carried out within the agreed period, at the agreed price and place or during normal working hours, as a result of new requirements or scheduling by the Customer, this constitutes a change to the Quotation. Any additional costs resulting from such changes shall be borne by the Customer. Furthermore, Sioux may change the agreed delivery periods as a result of changes to the contracted work.
Obligations of the Customer. 6.1 The Customer will, and shall take all reasonable steps to ensure that its employees will:
(a) pay the standard charges levied by Company from time to time applicable to repair work on Mobile Equipment which is outside (in scope or time) the warranty provided under the Agreement; and
(b) use the Mobile Equipment and any End-User Licensed Software in accordance with any user guide or other reasonable instruction of any manufacturer or supplier of the same or reasonable instruction of Company and not copy, reverse engineer or modify any Software or End- User Licensed Software in any way save as permitted by Full Terms and Conditions law.
6.2 Company reserves the right to bar service to any Mobile Equipment supplied under the Agreement to which Company retains title pursuant to clause 5.1 of these Mobile Equipment Terms where in Company’s reasonable opinion that Mobile Equipment is not being used in a manner which Company would expect including but not limited to where the Mobile Equipment is:
(a) used in conjunction with a SIM Card connected to a tariff other than one which the Customer has ordered under the Agreement;
(b) used in conjunction with a SIM Card allocated to any other Company customer’s account; used solely or pre- dominantly on a roaming basis; or
(c) (or the SIM Card supplied in conjunction with such Mobile Equipment is) not used on the Network within 45 days from the date of despatch by Company, or during any other period of 30 consecutive days; unless Company and the Customer have agreed otherwise.
6.3 The Customer, at the Customer’s expense, shall return to Com- pany any Mobile Equipment supplied by Company to which Company retains title pursuant to clause 5.1 of these Mobile Equipment Terms, which Mobile Equipment has been barred pursuant to clause 6.2 of these Mobile Equipment Terms and in the event that the Customer fails to return any such Mobile Equipment within two (2) weeks of written notice from Com- pany to do so, then the Customer agrees to pay Company the price set out by Company from time to time for such Mobile Equipment.
Obligations of the Customer. (a) All Customers assume general responsibilities in connection with the provision and use of the Company's Service. General responsibilities are described in this section. When facilities, equipment, and/or communication systems provided by others are connected to the Company's facilities, the Customer assumes the additional responsibilities as set forth in Section 2.2, herein.
(b) The Customer is responsible for the payment of all charges for any and all Services or facilities provided by the Company to the Customer.
(c) Subject to availability, the Customer may use specific codes to identify the users groups on its account and to allocate the cost of its service accordingly. The numerical composition of such codes shall be set forth by the Company to assure compatibility with the Company's accounting and automation systems and to avoid duplication of such specific codes.
(d) The Company reserves the right to discontinue the use of any code provided to the Customer and to substitute another code for such Customer's use.
(e) The Customer shall indemnify and save harmless the Company from and against all loss, liability, damage and expense, including reasonable counsel fees, due to claims for libel, slander, or infringement of copyright or trademark in connection with any material transmitted by the Customer using the Company's Services; and any other claim resulting from any act or omission of the Customer to the use of the Company's facilities.
Obligations of the Customer. 2.2. A All Customers assume general responsibilities in connection with the provision and use of the Company's Service. General responsibilities are described in this section. When facilities, equipment, and/or communication systems provided by others are connected to the Company's facilities, the Customer assumes the additional responsibilities as set forth in Section 2.2, herein.
2.2. B The Customer is responsible for the payment of all charges for any and all Services or facilities provided by the Company to the Customer.
2.2. C Subject to availability, the Customer may use specific codes to identify the users groups on its account and to allocate the cost of its service accordingly. The numerical composition of such codes shall be set forth by the Company to assure compatibility with the Company's accounting and automation systems and to avoid duplication of such specific codes.
Obligations of the Customer. 7.1 The Customer shall apply for and obtain all necessary licenses, permits and approvals required for the commissioning, acceptance, and use of the Supplies.
7.2 The Customer is solely responsible for the conception, implementation and maintenance of a holistic, state-of-the-art security concept to protect its enterprise, plants, systems, machines and networks (including the Products) against Cyberthreats. "Cyberthreat" means any circumstance or event with the potential to adversely impact the Customer’s plants, systems, machines and networks (including the Product/s) via unauthorized access, destruction, disclosure and/or modification of information, denial of service attacks or comparable scenarios. Such concept should inter alia include:
Obligations of the Customer. 7.1. The Customer shall provide all necessary services, activities and assistance such as, but not limited to, the proper preparation of the construction site, all further required supplies, equipment, facilities and logistics, information, waste disposals, storage, necessary licenses, registrations, permits and approvals, safety regulations and any further Customer’s obligations stated in the Contract at its own expense and risk with due skill, diligence and care and well in advance of and until Delivery or completion of the Supply.
7.2. Any failure on the Customer’s part to fully comply with its obligations shall entitle the Supplier to arrange for substitute performance at the Customer’s risk and expense. The Supplier may suspend its own delivery accordingly. The Customer shall be responsible for any and all costs incurred by the Supplier, directly or indirectly, as a result of or in connection with any delay or non-compliance by the Customer.
7.3. The Customer shall use the Supply exclusively for the explicitly or implicitly intended and disclosed purpose and shall strictly adhere to the Supplier’s operating, loading and storage instructions (where applicable) and (to the extent such practice does not conflict with such instructions) to relevant trade practice. The Customer assumes all risk and responsibility in connection with the receipt, handling, storage, disposal, use and misuse of the Supply supplied hereunder. The Customer shall in particular handle, transport, use, remove and dispose of the Products and Work in compliance with all applicable environmental, hazardous materials, health and safety laws unless agreed upon otherwise between the Parties.
7.4. The Customer shall indemnify and hold the Supplier harmless from and against all losses, damages, expenses, actions, advisor's fees, liabilities, penalties, fines, duties and claims each case arising directly or indirectly from the use of the Supply by the Customer in breach of clause 7.3. or any breach of the GTC, the Contract and/or applicable spare part, and/or failure by the Customer to comply with maintenance, operating or storage instructions and/or violation of applicable law or regulatory action, infringement of third party intellectual property rights, caused by an act or omission of the Customer, its employees, agents or contractors.
Obligations of the Customer. 4.1 The Customer acknowledges that the Company’s ability to provide the Services is dependent upon the timely co-operation of the Customer (which the Customer agrees to provide), as well as the accuracy and completeness of any information and data the Customer is required to provide to the Company. The Customer shall:
(a) co-operate with the Company in all matters relating to the Services;
(b) provide, in a timely manner, any materials or other information as the Company may reasonably request for the performance of its obligations under the Agreement, including (but not limited to) access to any relevant application programming interfaces (“API”);
(c) obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to: (i) the Services; and (ii) the use of any materials or information provided pursuant to clause 4.1(b) above; and
(d) where practicable to do so, provide reasonable co-operation to help diagnose bugs or any errors reported in the Customer’s Website (if applicable) or any other product of the Services.
4.2 The Customer further acknowledges that it is responsible for all charges for internet access (including mobile data usage) charged by its internet service provider.
4.3 The Customer shall at all times use the Services in accordance with the Platform Fair Use Policy and the Company shall be entitled to monitor Customer’s use of the Services to ascertain the Customer’s compliance with the Platform Fair Use Policy and this Agreement.
4.4 The Customer shall provide such assistance as is reasonably requested by the Company in investigating the cause of any Service outages, security problems, and any suspected breach of this Agreement.
4.5 The Company may issue instructions about the use of the Services to the Customer which the Company thinks is reasonably necessary in the interests of safety or the quality of service to the Company's other customers. The Customer shall comply with all such reasonable directions.
4.6 If the Company’s performance of its obligations under the Agreement is prevented or delayed by: (i) any act or omission of the Customer its agents, sub-contractors or employees; and/or (ii) a breach by the Customer of any of its obligations under the Agreement, the Company shall not be liable for any Losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay. For the avoidance of doubt, in such circumstances the Customer shall pay in full for ...
