Security and control. (a) The CLIENT shall during the continuance of the Telupay Mobile Banking Service, effect and maintain the highest international security standards for commercial operations that conduct similar business operations to that of the CLIENT to safeguard The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution from access or use by any unauthorised person by: (1) ensuring that Information is only transmitted to those of its officers and employees who need to know the Information, who are properly informed of the confidential nature of the Information, whose names and titles have been previously disclosed in writing to the SERVICE PROVIDER, and, who have agreed beforehand in writing to abide by the terms and conditions of this Agreement. The SERVICE PROVIDER reserves the right, in its sole discretion, to withhold access to and/or disclosure of all or part of the Information to any person or entity in cases where it considers such disclosure may compromise the confidentiality, secrecy and/or integrity of the Information; (2) maintaining a secure location within the premises of the CLIENT identified to the SERVICE PROVIDER in which The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution shall be stored. Such secured location shall be accessible only by authorised employees who shall be required to sign in and out each time such employees visit such secured location. When Information is not in use, such information shall be stored in a locked safe at such secured location provided that the SERVICE PROVIDER shall have reasonable access to the same upon prior written approval of the CLIENT. The CLIENT may store The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution at more than one secure location with the prior written approval of the SERVICE PROVIDER, such approval not to be unreasonably withheld or delayed; (3) maintaining a security log of periodic tests of security, distribution of Information from one secure location to another (if applicable), and breaches of security at all secure locations; (4) maintaining sole possession of the operating system and root user password on the Equipment and serial numbers for the Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution; (5) maintain sole control of its network and physical facilities; (6) subject to pertinent governmental rules and regulations and subject to the CLIENT's prior written approval, allow the SERVICE PROVIDER and their respective employees and agents access to any of the CLIENT's premises where the CLIENT's servers or data centers housing all or part of the Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution are located, in order to conduct tests and audits to verify the security of the Information; and (7) to promptly report to the SERVICE PROVIDER any theft or attempted theft or any loss of Information from the CLIENT's possession, and co-operate with the SERVICE PROVIDER to immediately investigate the events or potential events, to regain possession of the stolen, lost or disclosed Information and to prevent its further unauthorised use or disclosure. (b) With respect to the access to the Telupay Mobile Banking Service, the CLIENT shall be equally responsible for any breach of this Clause committed by any of its affiliates, partners, sub-contractors, consultants, agents, employees, customers, and representatives, provided there is proven fault or gross negligence of the CLIENT which directly resulted in the breach.
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Sources: Service Provider Agreement (I-Level Media Group Inc)
Security and control. (a) 18.1 The CLIENT Client shall during the continuance duration of the Telupay Mobile Banking Service, TelUPay Services effect and maintain the highest international adequate bank-grade security standards for commercial operations that conduct similar business operations to that of the CLIENT Client to safeguard The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution the TelUPay System from access or use by any unauthorised person by:
(1a) ensuring that Information is only transmitted to those of its officers and employees who need to know the Information, who are properly informed of the confidential nature of the Information, whose names and titles have been previously disclosed in writing to the SERVICE PROVIDERService Provider, and, who have agreed beforehand in writing to abide by the terms and conditions of this AgreementClause 18. The SERVICE PROVIDER Service Provider reserves the right, in its sole discretion, to withhold access to and/or disclosure of all or part of the Information to any person or entity in cases where it considers such disclosure may compromise the confidentiality, secrecy and/or integrity of the Information;
(2b) maintaining a secure location within at the premises of the CLIENT Location identified to the SERVICE PROVIDER Service Provider in which The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution Information shall be stored. Such secured location shall be accessible only by authorised employees who shall be required to sign in and out each time such employees visit such secured location. When Information is not in use, such information shall be stored in a locked safe at such secured location provided that the SERVICE PROVIDER Service Provider shall have reasonable access to the same upon subject to prior written approval of notice to the CLIENTClient and a pre-agreed schedule. The CLIENT Client may store The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution Information at more than one secure location with the prior written approval of the SERVICE PROVIDERService Provider, such approval not to be unreasonably withheld or delayed;
(3c) maintaining a security log of periodic tests of security, distribution of Information from one secure location to another (if applicable), and breaches of security at all secure locations;
(4) maintaining sole possession of the operating system and root user password on the Equipment and serial numbers for the Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution;
(5d) maintain sole control of its network and physical facilities;
(6e) subject to pertinent governmental rules and regulations regulations, and subject to the CLIENTClient's prior written approvalinternal policies and procedures, allow the SERVICE PROVIDER Service Provider and their respective employees and agents access to any of the CLIENTClient's premises where the CLIENTClient's servers or data centers housing all or part of the Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution TelUPay System are located, in order to conduct tests and audits to verify the security of the Information; and
(7f) to promptly report to the SERVICE PROVIDER Service Provider any theft or attempted theft or any loss of Information from the CLIENTClient's possession, and co-operate with the SERVICE PROVIDER Service Provider to immediately investigate the events or potential events, to regain possession of the stolen, lost or disclosed Information and to prevent its further unauthorised use or disclosure.
(b) 18.2 With respect to the access to the Telupay Mobile Banking ServiceInformation, the CLIENT each party shall be equally responsible for any breach of this Clause committed 18.1 by any of its affiliates, partners, sub-contractors, consultants, agents, employees, customers, and representatives, provided there is proven fault or gross negligence of the CLIENT which directly resulted in the breachformer affiliates, former agents, former employees, former customers, and former representatives.
Appears in 1 contract
Security and control. (a) 18.1 The CLIENT Client shall during the continuance of the Telupay Mobile Banking Service, TelUPay Services effect and maintain the highest international security standards for commercial operations that conduct similar business operations to that of the CLIENT Client to safeguard The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution the TelUPay System from access or use by any unauthorised person by:
(1a) ensuring that Information is only transmitted to those of its officers and employees who need to know the Information, who are properly informed of the confidential nature of the Information, whose names and titles have been previously disclosed in writing to the SERVICE PROVIDERService Provider, and, who have agreed beforehand in writing to abide by the terms and conditions of this AgreementClause 18. The SERVICE PROVIDER Service Provider reserves the right, in its sole discretion, to withhold access to and/or disclosure of all or part of the Information to any person or entity in cases where it considers such disclosure may compromise the confidentiality, secrecy and/or integrity of the Information;
(2b) maintaining a secure location within at the premises of the CLIENT Location identified to the SERVICE PROVIDER Service Provider in which The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution Information shall be stored. Such secured location shall be accessible only by authorised employees who shall be required to sign in and out each time such employees visit such secured location. When Information is not in use, such information shall be stored in a locked safe at such secured location provided that the SERVICE PROVIDER Service Provider shall have reasonable access to the same upon prior written approval of the CLIENTsame. The CLIENT Client may store The Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution Information at more than one secure location with the prior written approval of the SERVICE PROVIDERService Provider, such approval not to be unreasonably withheld or delayed;
(3c) maintaining a security log of periodic tests of security, distribution of Information from one secure location to another (if applicable), and breaches of security at all secure locations;
(4d) maintaining sole possession of the operating system and root user password on the Equipment and serial numbers for the Telupay Mobile Banking Service and/or Telupay Mobile Banking SolutionTelUPay Services;
(5e) maintain sole control of its network and physical facilities;
(6f) subject to pertinent governmental rules and regulations and subject to the CLIENT's prior written approvalregulations, allow the SERVICE PROVIDER Service Provider and their respective employees and agents access to the any of the CLIENTClient's premises where the CLIENTClient's servers or data centers housing all or part of the Telupay Mobile Banking Service and/or Telupay Mobile Banking Solution TelUPay System are located, in order to conduct tests and audits to verify the security of the Information; and
(7g) to promptly report to the SERVICE PROVIDER Service Provider any theft or attempted theft or any loss of Information from the CLIENTClient's possession, and co-operate with the SERVICE PROVIDER Service Provider to immediately investigate the events or potential events, to regain possession of the stolen, lost or disclosed Information and to prevent its further unauthorised use or disclosure.
(b) 18.2 With respect to the access to the Telupay Mobile Banking ServiceInformation, the CLIENT Client shall be equally responsible for any breach of this Clause committed 18.1 by any of its affiliates, partners, sub-contractors, consultants, agents, employees, customers, and representatives, provided there is proven fault or gross negligence of the CLIENT which directly resulted in the breachformer affiliates, former agents, former employees, former customers, and former representatives.
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