EMS Services Clause Samples

EMS Services. (a) Subject to the terms of this Agreement, DPT will supply the EMS Services subscribed to by Customer, and Customer is granted a limited, non-­‐exclusive, non-­‐transferable right to access and use EMS Services software, solely as necessary for Customer’s use of the EMS Services for its internal business purposes. (b) DPT will provide Customer with one (1) administration account (login and password) to access the EMS Services on the DPT System. (c) DPT will provide the EMS Services in accordance with the following standards: (i) DPT is classified under the PCI Security Standards as a Level 1 Service Provider. The EMS Services will remain in compliance with current PCI security standards at all times; (ii) DPT will be responsible for delivery of access to the EMS Services on the DPT System only up to and including the Point of Access, and is not responsible for any failure due to Customer's telecommunications connections, facilities (including internal local area networks (LAN)) or local infrastructure; (iii) DPT will use all reasonable efforts to ensure the EMS Services will be available during the System Availability Period; (iv) DPT will provide Customer with at least 48 hours prior electronic notice of any scheduled System Maintenance Period; (v) DPT shall have the right to implement updates and upgrades to any software used in providing the EMS Services, in its sole discretion; (vi) DPT will respond to incidents that have been reported by Customer within the response times set out in the DPT Support Services description; and (vii) in the event of a DPT System failure, DPT will use commercially reasonable efforts to complete data recovery requests using the most recent version of the backup data, databases, applications and configuration pieces required to restore Customer data.

EMS Services. (a) Call In/Call Back Employees called in while on standby will receive regular rates of pay for all hours worked subject to Article 14.09, provided that if such employee is called back within the original 3 hour period such time will be deemed continuous with the original call in and will not precipitate another 3 hour minimum. Employees who have previously been at work that day and are called back to work will receive call back pay in accordance with 14.12 (a). After midnight provisions as per Article 14.12 (b) shall not apply. (b) Call In/Call Back On Public Holiday Or Scheduled Day Off Casual employees called in on a public holiday or scheduled day off shall receive call back pay in accordance with Article 14.12 (a). Part time and full time employees called in on a public holiday or scheduled day off shall receive call back pay in accordance with Article 14.12 (b).