Acceptance Tests. 8.1. The Customer will perform the Tests within the Test Period. The Supplier will be given reasonable notice of, and be entitled to attend, the Tests. 8.2. If the Website being tested performs in accordance with the agreed Specification and meets any other agreed testing criteria for the Tests, it will be deemed to have passed the Tests. If the Website fails to pass the Tests, the Customer will co-operate with the Supplier to identify in what respects the Website failed to conform to the Specification or otherwise failed to pass the Tests. 8.3. The Website will not be deemed to have failed the Tests by reason of any failure to provide any facility or function not specified in the Specification or other agreed tests standards. 8.4. If the Supplier is unable to remedy any failure of the Website to materially conform to the Specification, within a further test period reasonably agreed by the parties (“Extended Test Period”): 8.4.1. the Customer will be entitled on 20 (twenty) Business Days’ written notice to the Supplier to reject the Website without further liability to the Supplier, provided that the Supplier will be entitled to make further attempts to remedy the Website to ensure it materially complies with the Specification and, if achieved within the 20 (twenty) Business Days’ notice period, the Customer’s rejection of the Website is immediately revoked; and 8.4.2. the Supplier will repay to the Customer the proportion of the Price relating to the Website that the Customer has paid to the Supplier, provided that in the case of a Minor Non-Conformity, the Customer will not unreasonably delay its Acceptance of the Website so long as the Supplier endeavours to rectify such Minor Non-Conformity as soon as possible. 8.5. A written statement of Acceptance will be promptly issued by the Customer to the Supplier when the relevant Website has passed the Tests. 8.6. Except where the Customer has rejected the Website, the Customer’s Acceptance will occur at the earliest of: 8.6.1. the Customer providing written Acceptance of the Website to the Supplier; 8.6.2. the Website passing the Tests; 8.6.3. the Website being used in a live environment or in commercial use; and 8.6.4. the expiration of the Test Period and the Extended Test Period (if any) where the Customer has failed to complete the Tests.
Appears in 2 contracts
Sources: Conditions of Sale, Conditions of Sale
Acceptance Tests. 8.17.1. The Customer will perform the Tests within the Test Period. The Supplier will be given reasonable notice of, and be entitled to attend, the Tests.
8.27.2. If the Website Software being tested performs in accordance with the agreed Specification and meets any other agreed testing criteria for the Tests, it will be deemed to have passed the Tests. If the Website Software fails to pass the Tests, the Customer will co-operate with the Supplier to identify in what respects the Website Software failed to conform to the Specification or otherwise failed to pass the Tests.
8.37.3. The Website Software will not be deemed to have failed the Tests by reason of any failure to provide any facility or function not specified in the Specification or other agreed tests standards.
8.47.4. If the Supplier is unable to remedy any failure of the Website Software to materially conform to the Specification, within a further test period reasonably agreed by the parties (“Extended Test Period”):
8.4.17.4.1. the Customer will be entitled on 20 (twenty) Business Days’ written notice to the Supplier to reject the Website Software without further liability to the Supplier, provided that the Supplier will be entitled to make further attempts to remedy the Website Software to ensure it materially complies with the Specification and, if achieved within the 20 (twenty) Business Days’ notice period, the Customer’s rejection of the Website Software is immediately revoked; and
8.4.27.4.2. the Supplier will repay to the Customer the proportion of the Price relating to the Website Software that the Customer has paid to the Supplier, provided that in the case of a Minor Non-Conformity, the Customer will not unreasonably delay its Acceptance of the Website Software so long as the Supplier endeavours to rectify such Minor Non-Conformity as soon as possible.
8.57.5. A written statement of Acceptance will be promptly issued by the Customer to the Supplier when the relevant Website Software has passed the Tests.
8.67.6. Except where the Customer has rejected the WebsiteSoftware, the Customer’s Acceptance will occur at the earliest of:
8.6.17.6.1. the Customer providing written Acceptance of the Website Software to the Supplier;
8.6.27.6.2. the Website Software passing the Tests;
8.6.37.6.3. the Website Software being used in a live environment or in commercial use; and
8.6.47.6.4. the expiration of the Test Period and the Extended Test Period (if any) where the Customer has failed to complete the Tests.
Appears in 2 contracts
Sources: Conditions of Sale, Conditions of Sale
Acceptance Tests. 8.17.1 No later than 30 days from the Commencement Date, the Customer shall deliver any proposed user acceptance criteria to Tmware and any test data for the Acceptance Tests of the System. The criterion and data shall be such as are reasonably required to show that the System complies with the Customer’s technical requirements as set out in the Customer Specification. If required Tmware shall provide the Customer with reasonable assistance to prepare such user acceptance criteria and test data at the Customer's request and at Tmware’s standard rates then in force.
7.2 Tmware shall carry out the agreed Acceptance Tests for the System in accordance with any agreed schedule set out in the Customer Specification which shall include as part of the process any Acceptance Tests to be carried out by the Customer. The Acceptance Tests shall be started as soon as reasonably possible after activation of the System at the Site and shall be run continuously during Normal Working Hours. Tmware shall give the Customer at least 24 hours' notice of the start of the Acceptance Tests, and permit the Customer to observe all or any part of the testing as is reasonable possible on a remote basis.
7.3 The Customer will perform notify Tmware when it intends to test the Tests within the Test Period. The Supplier will System so that support can be given reasonable notice of, and be entitled to attend, the Testsplanned during this time.
8.2. 7.4 If any part of the Website being tested performs in accordance with the agreed Specification and meets any other agreed testing criteria for the Tests, it will be deemed to have passed the Tests. If the Website System fails to pass the Acceptance Tests, the Customer will co-operate with shall, within 2 days from the Supplier completion of the Acceptance Tests or any part of these tests, provide a written notice to identify this effect, giving details of such failure(s). Tmware shall remedy the Issues and/or deficiencies and the relevant test(s) shall be repeated within a reasonable time.
7.5 If any part of the System fails in what respects some material respect to pass any repeated Acceptance Tests within four weeks from the Website failed to conform date of its second submission to the Specification or otherwise failed Acceptance Tests, then the Customer may, by written notice to pass Tmware, choose at its sole discretion:
7.5.1 to fix (without prejudice to the Tests.
8.3. The Website will not be deemed to have failed Customer's other rights and remedies) a new date for carrying out further tests on the Tests by reason of any failure to provide any facility or function not specified in System on the Specification or other agreed tests standards.
8.4same terms and conditions. If the Supplier System fails such further tests then the Customer may request a repeat test under this clause 7.5.1;
7.5.2 to permit installation of the System subject to such change of acceptance criteria, amendment of the Customer Specification and/or reduction in the Price as, after taking into account all the relevant circumstances, is reasonable; or
7.5.3 if Tmware is unable to remedy any failure of the Website to materially conform to the Specification, correct material Issues within a further test period reasonably agreed by of 1 month from the parties (“Extended Test Period”):
8.4.1. the Customer will be entitled on 20 (twenty) Business Days’ written notice to the Supplier commencement of Acceptance Tests under clause 7.2, to reject the Website without further liability to the Supplier, provided that the Supplier will be entitled to make further attempts to remedy the Website to ensure it materially complies System as not being in conformity with the Specification andagreement, if achieved within in which event the 20 (twenty) Business Days’ notice period, Customer may terminate this agreement.
7.6 Any minor snagging items notified to Tmware by the Customer’s rejection Customer part of the Website is immediately revoked; and
8.4.2. the Supplier will repay to the Customer the proportion of the Price relating to the Website that the Customer has paid to the Supplier, provided that in the case of a Minor Non-Conformity, the Customer will not unreasonably delay its Acceptance of the Website so long as the Supplier endeavours to rectify such Minor Non-Conformity Tests shall be resolved as soon as possible.
8.5. A written statement of Acceptance will be promptly issued by the Customer to the Supplier when the relevant Website has passed the Tests.
8.6. Except where the Customer has rejected the Website, the Customer’s Acceptance will occur at the earliest of:
8.6.1. the Customer providing written Acceptance reasonably possible as part of the Website to Standard Support and will not affect or delay the Supplier;
8.6.2. the Website passing the Tests;
8.6.3. the Website being used in a live environment or in commercial use; and
8.6.4. the expiration of the Test Period and the Extended Test Period (if any) where the Customer has failed to complete the TestsGo Live Date.
Appears in 1 contract
Sources: Terms and Conditions
Acceptance Tests. 8.1. The Customer will perform At your expense, you shall provide or make available to us at your premises the Tests within the Test Period. The Supplier will be given reasonable notice of, and be entitled Solution to attend, the Testsconduct acceptance tests.
8.2. If We will initiate the Website being tested performs acceptance testing with you and confirm the procedure that will be followed, which will include: a timetable; the preparation of test data according to test scripts and its capture and use during the acceptance tests; a record of events of the conduct and outcome of acceptance tests.
8.3. Each Party shall provide assistance and support reasonably requested by the other leading up to and during acceptance tests.
8.4. Acceptance tests shall take place progressively in accordance with phases to test the agreed Specification Solution, interoperability and meets any other agreed testing criteria for the Testsintegration thereof. Should you fail to attend acceptance tests on an arranged date, it will we may proceed in your absence and you shall be deemed to have passed concurred with the Testsresults thereof.
8.5. If During an acceptance test phase, should no Critical Faults be revealed and should the Website fails to percentage of Moderate Faults revealed be less than 10% of the number of test steps, those Solution shall pass the Testsacceptance tests and you shall issue the acceptance certificate within 2 Business Days thereafter.
8.6. During an acceptance test phase, should a Critical Fault be revealed, or should the Customer percentage of Moderate Faults revealed exceed 10% of the number of test steps, those Solution shall fail the acceptance tests ("Failed Solution") and clause below will co-operate with apply. We will within 15 Business Days after concluding the Supplier to identify in what respects acceptance tests, reschedule and conduct acceptance tests on the Website failed to conform to the Specification or otherwise failed to Failed Solution. This clause shall apply continually until Failed Solution pass the Testsacceptance tests.
8.38.7. Failure to meet Delivery dates due to delays in the acceptance test process shall amend affected delivery dates accordingly.
8.8. The Website will not productive use of a Solution prior to it passing acceptance tests constitutes success of its acceptance tests and an acceptance certificate shall be deemed to have failed been issued accordingly. The issue or deemed issue of an acceptance certificate means that the Tests by reason associated Solution meet their Specifications and the terms of any failure to provide any facility or function not specified in the Specification or other agreed tests standardsMerchant Agreement.
8.48.9. If the Supplier We will endeavour to correct Moderate Faults and Minor Faults in accordance with our service levels, a copy of which is unable to remedy any failure of the Website to materially conform to the Specification, within a further test period reasonably agreed by the parties (“Extended Test Period”):
8.4.1. the Customer will be entitled on 20 (twenty) Business Days’ written notice to the Supplier to reject the Website without further liability to the Supplier, provided that the Supplier will be entitled to make further attempts to remedy the Website to ensure it materially complies with the Specification and, if achieved within the 20 (twenty) Business Days’ notice period, the Customer’s rejection of the Website is immediately revoked; and
8.4.2. the Supplier will repay to the Customer the proportion of the Price relating to the Website that the Customer has paid to the Supplier, provided that in the case of a Minor Non-Conformity, the Customer will not unreasonably delay its Acceptance of the Website so long as the Supplier endeavours to rectify such Minor Non-Conformity as soon as possibleattached hereto.
8.5. A written statement of Acceptance will be promptly issued by the Customer to the Supplier when the relevant Website has passed the Tests.
8.6. Except where the Customer has rejected the Website, the Customer’s Acceptance will occur at the earliest of:
8.6.1. the Customer providing written Acceptance of the Website to the Supplier;
8.6.2. the Website passing the Tests;
8.6.3. the Website being used in a live environment or in commercial use; and
8.6.4. the expiration of the Test Period and the Extended Test Period (if any) where the Customer has failed to complete the Tests.
Appears in 1 contract
Sources: General Terms of Use