Common use of Services General Clause in Contracts

Services General. 8.1 The Supplier shall, during the Term (as defined in clause 17), provide the Services to the Customer in accordance with this Agreement. The Supplier warrants that the Services will be performed with reasonable skill and care. 8.2 The Supplier shall use commercially reasonable endeavours to provide the Services in accordance with the service levels set out in the applicable Service Option (the “Service Levels”). This clause shall not apply to the extent of any non-conformance of the Services which is caused by the use of the Services contrary to the Supplier’s instructions or modification or alteration of the Services by any party other than the Supplier. If the Services do not conform to the Service Levels, the Customer’s sole and exclusive remedy is as set out in the applicable Service Option. 8.3 The Supplier does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 8.4 The Supplier will provide the Customer with the maintenance and support as set out in the applicable Service Option (the “Maintenance and Support”). The Supplier may amend the Maintenance and Support provided in its sole and absolute discretion from time to time. 8.5 The Customer is solely responsible for any fraud that occurs in connection with the Customer’s equipment and any Fees arising as a result. The Supplier shall have no responsibility or liability over the configuration, use or operation of the Customer’s equipment unless expressly agreed otherwise in writing.

Appears in 1 contract

Sources: Software Services Agreement

Services General. 8.1 8.1. The Supplier shall, during the Term (as defined in clause 17), provide the Services to the Customer in accordance with this Agreement. The Supplier warrants that the Services will be performed with reasonable skill and care. 8.2 8.2. The Supplier shall use commercially reasonable endeavours to provide the Services in accordance with the service levels set out in the applicable Service Option (the “Service Levels”). This clause shall not apply to the extent of any non-conformance of the Services which is caused by the use of the Services contrary to the Supplier’s instructions or modification or alteration of the Services by any party other than the Supplier. If the Services do not conform to the Service Levels, the Customer’s sole and exclusive remedy is as set out in the applicable Service Option. 8.3 8.3. The Supplier does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 8.4 8.4. The Supplier will provide the Customer with the maintenance and support as set out in the applicable Service Option clause 10 (the “Maintenance and Support”). The Supplier may amend the Maintenance and Support provided in its sole and absolute discretion from time to time. 8.5 8.5. The Customer is solely responsible for any fraud that occurs in connection with the Customer’s equipment and any Fees arising as a result. The Supplier shall have no responsibility or liability over the configuration, use or operation of the Customer’s equipment unless expressly agreed otherwise in writing.

Appears in 1 contract

Sources: Software Services Agreement