Common use of Application Processing Clause in Contracts

Application Processing. 9.1 Where the Services include application processing (such as ‘Decision Link’, ‘Decision Navigator’ and ‘Interconnect’), the provisions of this Clause 9 apply. 9.2 If the Customer requests bespoke versions of Equifax’s application processing services: 9.2.1 Equifax may (as set out in any applicable Statement of Work) provide Consultancy Services to develop the relevant specification, as directed by the Customer, in support of the configuration of those Services for the Customer; 9.2.2 any such Consultancy Services are a separate deliverable from the activity of application processing and will be charged as such; 9.2.3 the Customer is responsible for the content of the relevant specification and its application to the Information Services; 9.2.4 the specification represents the Customer’s instructions to Equifax as to how such application processing services should be configured for the Customer; and 9.2.5 Equifax remains responsible for configuring such Services in accordance with the Customer’s instructions, as set out in the specification. 9.3 If the Customer requests ‘off the shelf’ versions of Equifax’s application processing services: 9.3.1 the Customer is responsible for ensuring the standard specification of those Services are suitable for its requirements; and 9.3.2 Equifax remains responsible for configuring such Services in accordance with the specification given to the Customer. 9.4 The preparation of user documentation is the responsibility of the Customer (on the basis it is only likely to be effective when tailored by the Customer to its own business processes). Equifax will supply such assistance in its preparation as the parties may agree in any Statement of Work. 9.5 The Customer’s rights to use the Services do not permit it to copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit any part of the Services. 9.6 The Customer’s rights to benefit from the Services do not permit it to use the Services to provide outsourced services to third parties or make them available to any third party or allow or permit a third party to do so. 9.7 The Customer’s right to benefit from the Services do not permit it to combine, merge or otherwise permit the Services (or any part of them) to become incorporated in any other program, nor arrange or create derivative works based on them. 9.8 The Customer’s rights to benefit from the Services do not permit it to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used to provide the Services, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents ▇▇▇ ▇▇▇▇. 9.9 The Customer’s rights to benefit from the Services does not permit it to observe, study or test the functioning of the underlying software (or any part of it) that is used to provide the Services, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents ▇▇▇ ▇▇▇▇. 9.10 The Customer warrants that it shall, keep confidential and, except as provided for in this Agreement, not share with any third party any 'PIN', 'ID' or similar password (if applicable) that it is provided with to facilitate access to the Services. The Customer shall keep up-to-date records of any such passwords. 9.11 The Customer shall use due care and diligence to avoid introducing any software virus or other contaminant (including any bugs, worms, logic bombs, trojan horses or any other self-propagating or other such program) that may infect or cause damage to the Equifax’s systems or otherwise disrupt the provision of the Services. 9.12 Where the Customer is permitted in accordance with this Agreement to allow a third party to benefit from the Services, the Customer shall ensure that all such use: 9.12.1 is controlled by the Customer; and 9.12.2 is subject to and in accordance with the terms of this Agreement. 9.13 Equifax reserves the right to monitor usage during the term of this Agreement for the purpose of (among others) ensuring compliance with the terms of this Agreement. 9.14 In case of unauthorised use of the Services, Equifax reserves the right to deny access to the Services by blocking without prior notification the IP address(es) used to access the Services. 9.15 Equifax shall not be liable for any unavailability of the Service resulting from any act or omission of Customer, including any failure of equipment or machinery or their failure to observe their obligations under this Agreement. 9.16 Equifax shall not be liable for any unavailability of the Service resulting from any failure of internet or telecommunications networks or technological issues outside of Equifax’s reasonable control.

Application Processing. ‌ 9.1 Where the Services include application processing (such as ‘Decision Link’, ‘Decision Navigator’ and ‘Interconnect’), the provisions of this Clause 9 apply. 9.2 If the Customer requests bespoke versions of Equifax’s application processing services: 9.2.1 Equifax may (as set out in any applicable Statement of Work) provide Consultancy Services to develop the relevant specification, as directed by the Customer, in support of the configuration of those Services for the Customer; 9.2.2 any such Consultancy Services are a separate deliverable from the activity of application processing and will be charged as such; 9.2.3 the Customer is responsible for the content of the relevant specification and its application to the Information Services; 9.2.4 the specification represents the Customer’s instructions to Equifax as to how such application processing services should be configured for the Customer; and 9.2.5 Equifax remains responsible for configuring such Services in accordance with the Customer’s instructions, as set out in the specification. 9.3 If the Customer requests ‘off the shelf’ versions of Equifax’s application processing services: 9.3.1 the Customer is responsible for ensuring the standard specification of those Services are suitable for its requirements; and 9.3.2 Equifax remains responsible for configuring such Services in accordance with the specification given to the Customer. 9.4 The preparation of user documentation is the responsibility of the Customer (on the basis it is only likely to be effective when tailored by the Customer to its own business processes). Equifax will supply such assistance in its preparation as the parties may agree in any Statement of Work. 9.5 The Customer’s rights to use the Services do not permit it to copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit any part of the Services. 9.6 The Customer’s rights to benefit from the Services do not permit it to use the Services to provide outsourced services to third parties or make them available to any third party or allow or permit a third party to do so. 9.7 The Customer’s right to benefit from the Services do not permit it to combine, merge or otherwise permit the Services (or any part of them) to become incorporated in any other program, nor arrange or create derivative works based on them. 9.8 The Customer’s rights to benefit from the Services do not permit it to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used to provide the Services, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents ▇▇▇ ▇▇▇▇Act 1988. 9.9 The Customer’s rights to benefit from the Services does not permit it to observe, study or test the functioning of the underlying software (or any part of it) that is used to provide the Services, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents ▇▇▇ ▇▇▇▇Act 1988. 9.10 The Customer warrants that it shall, keep confidential and, except as provided for in this Agreement, not share with any third party any 'PIN', 'ID' or similar password (if applicable) that it is provided with to facilitate access to the Services. The Customer shall keep up-to-date records of any such passwords. 9.11 The Customer shall use due care and diligence to avoid introducing any software virus or other contaminant (including any bugs, worms, logic bombs, trojan horses or any other self-propagating or other such program) that may infect or cause damage to the Equifax’s systems or otherwise disrupt the provision of the Services.virus 9.12 Where the Customer is permitted in accordance with this Agreement to allow a third party to benefit from the Services, the Customer shall ensure that all such use: 9.12.1 is controlled by the Customer; and 9.12.2 is subject to and in accordance with the terms of this Agreement. 9.13 Equifax reserves the right to monitor usage during the term of this Agreement for the purpose of (among others) ensuring compliance with the terms of this Agreement. 9.14 In case of unauthorised use of the Services, Equifax reserves the right to deny access to the Services by blocking without prior notification the IP address(es) used to access the Services. 9.15 Equifax shall not be liable for any unavailability of the Service resulting from any act or omission of Customer, including any failure of equipment or machinery or their failure to observe their obligations under this Agreement. 9.16 Equifax shall not be liable for any unavailability of the Service resulting from any failure of internet or telecommunications networks or technological issues outside of Equifax’s reasonable control. 9.17 For the avoidance of doubt, the provisions set out in clauses 9.4 to 9.16 (inclusive) relate to all Services provided to the Customer and are not in any way limited to Services that involve the application processing referred to at clause 9.1 above.

Application Processing. 9.1 Where the Services include application processing (such as ‘Decision Link’, ‘Decision Navigator’ and ‘Interconnect’), the provisions of this Clause 9 apply. 9.2 If the Customer requests bespoke versions of Equifax’s application processing services: 9.2.1 Equifax may (as set out in any applicable Statement of Work) provide Consultancy Services to develop the relevant specification, as directed by the Customer, in support of the configuration of those Services for the Customer; 9.2.2 any such Consultancy Services are a separate deliverable from the activity of application processing and will be charged as such; 9.2.3 the Customer is responsible for the content of the relevant specification and its application to the Information Services; 9.2.4 the specification represents the Customer’s instructions to Equifax as to how such application processing services should be configured for the Customer; and 9.2.5 Equifax remains responsible for configuring such Services in accordance with the Customer’s instructions, as set out in the specification. 9.3 If the Customer requests ‘off the shelf’ versions of Equifax’s application processing services: 9.3.1 the Customer is responsible for ensuring the standard specification of those Services are suitable for its requirements; and 9.3.2 Equifax remains responsible for configuring such Services in accordance with the specification given to the Customer. 9.4 The preparation of user documentation is the responsibility of the Customer (on the basis it is only likely to be effective when tailored by the Customer to its own business processes). Equifax will supply such assistance in its preparation as the parties may agree in any Statement of Work. 9.5 The Customer’s rights to use the Services do not permit it to copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit any part of the Services. 9.6 The Customer’s rights to benefit from the Services do not permit it to use the Services to provide outsourced services to third parties or make them available to any third party or allow or permit a third party to do so. 9.7 The Customer’s right to benefit from the Services do not permit it to combine, merge or otherwise permit the Services (or any part of them) to become incorporated in any other program, nor arrange or create derivative works based on them. 9.8 The Customer’s rights to benefit from the Services do not permit it to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used to provide the Services, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents ▇▇▇ ▇▇▇▇Act 1988. 9.9 The Customer’s rights to benefit from the Services does not permit it to observe, study or test the functioning of the underlying software (or any part of it) that is used to provide the Services, except and only to the extent that such restriction is prohibited pursuant to section 50B of the Copyright, Designs and Patents ▇▇▇ ▇▇▇▇Act 1988. 9.10 The Customer warrants that it shall, keep confidential and, except as provided for in this Agreement, not share with any third party any 'PIN', 'ID' or similar password (if applicable) that it is provided with to facilitate access to the Services. The Customer shall keep up-to-date records of any such passwords. 9.11 The Customer shall use due care and diligence to avoid introducing any software virus or other contaminant (including any bugs, worms, logic bombs, trojan horses or any other self-propagating or other such program) that may infect or cause damage to the Equifax’s systems or otherwise disrupt the provision of the Services. 9.12 Where the Customer is permitted in accordance with this Agreement to allow a third party to benefit from the Services, the Customer shall ensure that all such use: 9.12.1 is controlled by the Customer; and 9.12.2 is subject to and in accordance with the terms of this Agreement. 9.13 Equifax reserves the right to monitor usage during the term of this Agreement for the purpose of (among others) ensuring compliance with the terms of this Agreement. 9.14 In case of unauthorised use of the Services, Equifax reserves the right to deny access to the Services by blocking without prior notification the IP address(es) used to access the Services. 9.15 Equifax shall not be liable for any unavailability of the Service resulting from any act or omission of Customer, including any failure of equipment or machinery or their failure to observe their obligations under this Agreement. 9.16 Equifax shall not be liable for any unavailability of the Service resulting from any failure of internet or telecommunications networks or technological issues outside of Equifax’s reasonable control. 9.17 For the avoidance of doubt, the provisions set out in clauses 9.4 to 9.16 (inclusive) relate to all Services provided to the Customer and are not in any way limited to Services that involve the application processing referred to at clause 9.1 above.