Obligations of the Service Provider. 3.1. The Service Provider undertakes to provide the services as set out online within the dedicated Hoople Schools portal to this Agreement (the ‘Services’), in consideration of the payment as set out in the dedicated Hoople Schools portal. The Service Provider has undertaken Payment calculation based on the following terms:
3.1.1. payment for services relating to employee numbers has been calculated based on the number of employees at each Establishment as at January 2020. Included in the calculation is a 5% tolerance. If employee numbers rise above this 5% tolerance Hoople reserves the right to charge incremental fees
3.1.2. payment for the Payments Management service has been based on the number of payment vouchers raised in 2018/19, within a 10% tolerance level. The Service Provider reserves the right to increase pricing if volumes increase by more than the stated tolerance level
3.1.3. should the Establishment request an additional service during the duration of the term, the Service Provider reserves the right to charge the full, annual cost of the requested service
3.1.4. payment for services relating to pupil numbers has been calculated based on the number of pupils at each Establishment as at October 2019. Included in the calculation are sixth form and nursery pupil numbers, where applicable
3.1.5. The Service Provider will provide digital order confirmation of the services ordered and associated fees by means of the functionality of the Hoople Schools portal
3.2. Should the Establishment request and the Service Provider agrees to provide services additional to those specified within the schools buying portal order, the fees for those additional services shall be mutually agreed between the parties, but otherwise for all purposes of this Agreement, the additional services shall be deemed to be included within the definition of Services.
3.3. The Services shall be carried out by the Service Provider with all reasonable skill and care, and in full compliance of relevant established current professional standards. The Service Provider undertakes to provide a detailed service level agreement (SLA), outlining the responsibilities of both parties with regard to each service. The SLA for each service will be provided as a downloadable document on the Hoople Schools portal.
3.4. The Service Provider shall indemnify the Establishment from all claims, actions or demands made by third parties against the Establishment, and all liabilities of the Establishmen...
Obligations of the Service Provider. The Service Provider agrees:
(a) to process the Personal Data only on behalf, and in accordance with the written instructions of Client from time to time, and in accordance with this agreement;
(b) that it has no reason to believe that the legislation applicable to it (including the Regulation) prevents it from fulfilling the instructions received from Client and its obligations under the contract;
(c) having regard to the state of technological development and the cost of implementing any measures, it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of the personal data and against the accidental loss or destruction of, or damage to, the personal data to ensure a level of security appropriate to: (i) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and (ii) the nature of the data to be protected; and take reasonable steps to ensure compliance with those measures;
(d) to ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential
(e) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Data Controller has been obtained and the following conditions are fulfilled:
(i) the Data Controller or the Data Processor has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) the Data Processor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the Data Processor complies with reasonable instructions notified to it in advance by the Data Controller with respect to the processing of the Personal Data.
(f) that it shall promptly notify Client about:
(i) any legally binding request for the disclosure of the Personal Data by a law enforcement authority, unless otherwise prohibited, such as a prohibition under criminal law, to preserve the confidentiality of a law enforcement investigation;
(ii) any accidental or unauthorised access, unlawful processing or disclosure;
(iii) any complaint and/or request received directly from the Data Subjects without responding to that request, unless he has been otherwise authorised to do so;
(g) to deal promptly and properly with all enquiries from Client relating to his processing of the personal ...
Obligations of the Service Provider. Without derogating from the remaining obligations of the Service Provider as set out in this Agreement, the Service Provider shall:
10.1 Manage and co-ordinate the day to day activities of its employees;
10.2 upon reasonable request furnish PRASA CRES with employment criteria and any other documentation relating to its employees;
10.3 develop a formal procedure aimed at ensuring the efficient conduct of all day to day activities necessary for the successful rendering of the Services;
10.4 in addition to all the items listed under “Specifications” in the RFQ, at its cost supply all soaps, detergents, polish etc., required to fulfil the contract;
10.5 ensure that its employees exercise the utmost degree of good faith, skill and care in all matters relating to the Services;
10.6 furnish its employees with uniform and employee identification cards, which shall be worn by the Personnel at all times whilst on duty;
10.7 in the event of any of its employees allocated to be at the Site not being available to render the Services in terms of this Agreement, provide a competent replacement for such a person within one (1) hour after being informed by PRASA CRES of that person’s non availability. The Service Provider shall ensure that the rendering of the Services is not compromised by any of the circumstances contemplated in this clause;
10.8 ensure that all its duties are performed in accordance with the Occupational Health and Safety Act, 1993 (Act no. 85 of 1993) and adhere to all safety rules and regulations as laid down by the Department of Labour;
10.9 any defect or problem identified on the Site shall immediately be reported to PRASA CRES’s Representative and If the Service Provider fails to deliver any or all of the goods or to perform the Services as required in the Contract, PRASA shall, without prejudice to any rights/ remedies under the Contract, deduct from the Contract price, as a penalty, a sum calculated on the delivered price of unperformed Services for each day of the occurrence of the failure of performance or apply credit note. PRASA may also consider termination of the Contract pursuant to General Condition of the Contract or penalties may also be imposed in cases of breach of confidentiality as envisaged in this Contract;
10.10 all areas referred to in this agreement shall be inspected by the Service Provider’s “Person in Charge” on a weekly basis and the said “Person in Charge” shall immediately thereafter submit a written report to PRASA CRES;...
Obligations of the Service Provider. 9.1 For the duration of this agreement, the Service Provider undertakes for the purpose of rendering the services to –
9.1.1 comply with safety, health and security requirements of the Municipality;
9.1.2 perform the services, as stated in this service level agreement, comprehensively, competently, diligently, to the best of its ability and to the standards set by the Service Provider and required by the Municipality;
9.1.3 remain abreast of all developments in the field in respect of which services are being provided to the Municipality;
9.1.4 be qualified and capable to provide the services in a professional manner and have the necessary skills, know-how and competence to perform the services;
9.1.5 refrain from any action that may be prejudicial or be adverse to the Municipality's standing, reputation or goodwill. The Service Provider shall act in the utmost good faith towards the Municipality including the business or other partners of the Municipality;
9.1.6 keep confidential all information it may acquire during the course of execution of this agreement in strict accordance to the provisions of this agreement;
Obligations of the Service Provider. 11.1. The Service Provider shall perform the Services according to the Global Fund’s requirements specifically described in the Contract during the term of the Contract and in consideration for the payment of the Contract price. The Service Provider shall further deliver such Related Goods that necessarily result from performing the Services, if there are any.
11.2. The timely provision of the Services, including commencing the performance of the Services within the time agreed or on a specified date, shall be of the essence of the Contract.
11.3. The Service Provider shall perform its obligations according to the performance standards provided in the Contract.
11.4. The Service Provider shall perform the Services and carry out its obligations with all due diligence and in accordance with generally accepted professional practices and the prevailing standards of the profession. In respect of any matter relating to the Contract or to the Services, the Service Provider shall at all times support and safeguard the Global Fund’s legitimate interests in any dealings with third parties.
11.5. As applicable, the Service Provider shall deliver the Related Goods within the period specified in the Contract.
Obligations of the Service Provider. 2.1.1. The Service Provider undertakes to take all due care in the performance of the Services for which it is responsible under this Agreement and to carry out its duties in accordance with the highest quality standards.
2.1.2. The Service Provider shall decide alone on the choice of personnel to be assigned to the performance of the various Services. The personnel in charge of carrying out these Services will work both on the premises of the Service Provider and those of the Client, depending in particular on the needs and nature of the Services provided.
2.1.3. Personnel shall not receive any direction or instruction from the Client. It shall remain subject only to the authority of the Service Provider.
2.1.4. The Service Provider undertakes to employ qualified personnel with the necessary skills to perform the Services.
2.1.5. The Service Provider may also use any external consultants who can demonstrate a particular expertise or skills with regard to the performance of one of the Services.
2.1.6. The Service Provider undertakes to comply with employment law and to be at all times in good standing with social and tax authorities.
Obligations of the Service Provider. 3.1 General The Service Provider shall perform the Services in accordance with the Specifications and the Activity Schedule, and carry out its obligations with all due diligence, efficiency, and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe methods. The Service Provider shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the Employer, and shall at all times support and safeguard the Employer’s legitimate interests in any dealings with Subcontractors or third parties.
Obligations of the Service Provider. 5.1. The Service provider shall render sound, professional and satisfactory supply services as set out in this SLA.
5.2. It shall be the sole responsibility of the Service provider to ensure that any information or document submitted in terms of this SLA is true and correct. The Service provider waives its lien over the supply of goods and services emanating from such services in favor of the Client.
5.3. Notwithstanding anything contained in this SLA, the Client reserves the right to verify and confirm any information or document submitted by the Service provider in the performance and execution of its duties and obligations in terms of this SLA.
5.4. The Service provider undertakes to act in good faith and afford all reasonable and necessary co-operations in fulfilling its obligations in terms of this SLA.
5.5. The Service provider undertakes that suitably qualified personnel will be used in rendering their services to Client.
5.6. It is recorded that the Client and the Service provider agree on rates to be charged by the Service provider.
5.7. The rates include all costs relating to the provision of resources for the services.
5.8. The Service provider may be required to schedule requested meetings by the Service provider relating to the services provided.
Obligations of the Service Provider. 4.1 The service provider is required to … at the AGSA head office and AGSA regional offices for the duration of this agreement. The nature of the services to be rendered is generally set out in annexure A attached hereto, which contains details around most of the deliverables.
4.2 The service provider undertakes, where applicable, to protect, comply with, and adhere to, the AGSA’s corporate identity specifications and branding principles.
4.3 The services must conform to the highest quality standards at all times.
4.4 It is a material term of this contract that the service provider will provide the services, on the dates and times required by the AGSA, which dates and times have been conveyed by the AGSA and agreed to by the service provider.
4.5 The service provider shall familiarise itself with all the functions, of the AGSA and shall provide the services within the contractual term. In addition, the service provider undertakes to conduct itself, during the contractual term of this agreement, in a professional and ethical manner in line with the Code of Professional Conduct and Ethics and the procedures on independence and ethical requirements of the AGSA.
4.6 The service provider guarantees that it shall perform all its duties professionally, and that all work prepared by it shall be conducted with the highest degree of skill, care and diligence expected of its profession or trade.
4.7 The service provider shall ensure, where applicable, that reasonable levels of care and responsibility are exercised when using items belonging to the AGSA in the performance of its obligations as set out in this agreement. Such items may not be used unless prior written permission has been received from the authorised representative of the AGSA.
4.8 The service provider shall conduct its affairs and activities in a manner to prevent any damage to the good name, reputation and standing of the AGSA, and may not undertake any activity which may, in the opinion of the AGSA, damage the good name, reputation and standing of the AGSA.
4.9 The service provider hereby accepts the appointment and undertakes to render the services in accordance with the terms of this agreement.
Obligations of the Service Provider. A. Service Provider shall provide, at no cost to CSCD, the facility where program services will take place. The facility must at all times, be in compliance with all applicable City, CSCD, State and Federal codes and ordinances. Service Provider must request in writing and receive prior written consent before relocating the Program.
B. Service Provider shall provide, at no cost to the CSCD, all materials, equipment and durable goods necessary to fulfill the obligations of this MOU.
C. The service provider agrees to conduct pre-employment and annual criminal background checks on all employees, contractors and volunteers having direct client with clients or access to client records. The results of the criminal background checks must be available for DCCSCD review and must ensure that all employees, contractors and volunteers meet the following criminal background requirements:
1. No Felony convictions (including Deferred Adjudication cases) within the past five (5) years or supervision for any Felony cases through a Community Supervision and Corrections Department (including parole) within that timeframe.
2. No Class A or B Misdemeanor convictions (including Deferred adjudication cases) within the past two (2) years or supervision for any Misdemeanor cases through a Community Supervision and Corrections Department (including parole) within that timeframe.
3. No history of any Texas Penal Code Title 5 offenses- Offenses against the Person, including sex offenses.
4. Immediate notification of DCCSCD upon arrest of any employees or staff for offenses above a Class C Misdemeanor.
D. Service Provider must maintain records documenting that these checks have been conducted and make those records available to DCCSCD upon request.
E. Service Provider agrees to maintain a file for each client from the time of enrollment. The client file information shall include all of the documentation and reports associated with the provision of services detailed below
F. Service Provider shall cooperate with the DCCSCD in the on-going operation of the Program. This cooperation shall include, but is not limited to: maintaining contact and promptly furnishing requested and required information to Probation Officers and all other DCCSCD staff assigned to the Program; and granting access to Client records and Program documentation, as requested by DCCSCD.
G. Testify in court when requested by the court, DCCSCD, or the District Attorney’s office. No remuneration for such testimony, such...
