STATUS AND PRECEDENCE Clause Samples
The "Status and Precedence" clause defines the hierarchical order of documents or provisions within a contract, specifying which terms take priority in the event of a conflict or inconsistency. Typically, this clause lists the main agreement and any schedules, annexes, or referenced documents, clarifying which will govern if discrepancies arise. Its core function is to ensure clarity and avoid disputes by establishing a clear rule for resolving conflicts between different parts of the contract.
STATUS AND PRECEDENCE. 2.1. Except where specifically provided to the contrary in a Signed Quotation for Services and then only to the extent so specified, each Signed Quotation shall be subject to this Master Services Agreement. Insofar as any term or condition in a Signed Quotation conflicts with the Master Services Agreement, the provisions of the Signed Quotation shall prevail to the extent only of that conflict.
2.2. Save where expressly provided to the contrary, the terms and conditions of one Signed Quotation shall not apply to any other Signed Quotation.
STATUS AND PRECEDENCE. 2.1 This Agreement forms the basis for all Services requested by the Customer from Cyanre from time to time. Any Service specific terms and conditions shall be set out under a Service Schedule or a proposal.
2.2 Except where specifically provided to the contrary in a Service Schedule and then only to the extent so specified, each Service Schedule shall be subject to this Agreement. Insofar as any term and condition in a Service Schedule conflicts with this Agreement in respect of-
2.2.1 the description of Services, the terms and conditions in the Service Schedule shall prevail;
2.2.2 any other matter, this Agreement shall prevail.
2.3 Conflicts with body of Service Schedules: Unless otherwise stated in a Service Schedule, insofar as the meaning of any term or condition in a schedule or annexure to a Service Schedule or any other document referred to in a Service Schedule, excluding this Agreement, conflicts with the meaning of the term or condition in the body of the relevant Service Schedule, the meaning of the term or condition in the body of the relevant Service Schedule shall prevail.
2.4 Service Schedules amendment: The terms of one Service Schedule will only apply to another Service Schedule to the extent specifically and expressly stated therein but to the extent that any Service Schedule expressly overrides the provisions of this Agreement, such amendment will be effective only in respect of that Service Schedule and not any other Service Schedule.
STATUS AND PRECEDENCE. 5.1 This Agreement is an umbrella agreement / enabling agreement under which the Parties may from time to time agree to the provision of Services by DigiBlu with relevance to business relating to the Customer. Where the Parties agree that they wish to extend the scope or add additional Servies then this shall be achieved by creating and signing an additional Schedule 1 (Statement of Work) which shall become part of this Agreement and be bound by its terms and conditions.
5.2 Except where specifically provided to the contrary in a Statement of Work and then only to the extent so specified, each Statement of Work shall be a separate and legally binding contract under which the Customer agrees to purchase and DigiBlu agrees to supply certain Services on the terms set out in this Agreement. Insofar as any term and condition in a Statement of Work conflicts with this Agreement in respect of:
5.2.1 the description of Services (including but not limited to pricing, specifications), the terms and conditions in the Statement of Work shall prevail;
5.2.2 any other matter, this Agreement shall prevail.
STATUS AND PRECEDENCE. 2.1. Except where specifically provided to the contrary in a Service Order and then only to the extent so specified, each Service Order shall be subject to this Master Services Agreement. Insofar as any term or condition in a Service Order conflicts with the Master Services Agreement, the provisions of the Service Order shall prevail to the extent only of that conflict.
2.2. Save where expressly provided to the contrary, the terms and conditions of one Service Order shall not apply to any other Service Order.
STATUS AND PRECEDENCE. 3.1. These terms and conditions govern the use of the Registrar’s registrar services. By contracting with the Registrar for the services the Applicant will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
3.2. In providing the registrar services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.
STATUS AND PRECEDENCE. 4.1. This Agreement is the Master enabling Agreement under which the Parties may from time to time agree for the provision of Services / Products by VOC to the Channel Partner to enable the Channel Partner to on-sell or resell Services / Products to its Customers.
4.2. Services / Products are made available to the Channel Partner and its Customers, subject to the terms and conditions of this Agreement and Service Schedules.
4.3. Except where specifically provided to the contrary in a particular Service Schedule, and then only to the extent so specified, each Service Schedule shall be subject to this Agreement. Insofar as any term and condition in a Service Schedule conflicts with this Agreement in respect of-
4.3.1. the description or technical specifications or pricing of Services / Products or applicable Service Levels, the terms and conditions in the Service Schedule shall prevail;
4.3.2. any other matter, this Agreement shall prevail.
4.4. Conflicts with body of Service Schedules: Unless otherwise stated in a Service Schedule, insofar as the meaning of any term or condition in a schedule or annexure to a Service Schedule or any other document referred to in a Service Schedule, excluding this Agreement, conflicts with the meaning of the body of the relevant Service Schedule, the meaning of the terms and conditions in the body of the relevant Service Schedule shall prevail.
4.5. Service Schedule amendment: The terms of one Service Schedule will only apply to another Service Schedule to the extent specifically and expressly stated therein but to the extent that any Service Schedule expressly overrides the provisions of this Agreement, such amendment will be effective only in respect of that specific Service Schedule and not any other Service Schedule.
STATUS AND PRECEDENCE. 3.1 This Main Agreement is an umbrella agreement / enabling agreement under which the Parties may from time to time agree to the provision of Services by the Service Provider.
3.2 The Service Provider agrees that at any time during the term of this Main Agreement the Customer or any of the Customer Group Members (the “Customer Contracting Party”) may order Services from the Service Provider or the Service Provider Affiliates (the “Service Provider Contracting Party”) by executing a Service Schedule which shall set out the scope/parameters, pricing, specifications and any additional terms applicable to such Service which shall be governed by, and incorporate, the terms and conditions of this Main Agreement, which together shall be dealt with as a Contract between the Parties. The Service Provider shall procure that the Service Provider Affiliates shall comply with the ordering process and contractual arrangements described in this clause 3.2.
3.3 Except where specifically provided to the contrary in a Service Schedule and then only to the extent so specified, each Service Schedule shall be a separate and legally binding contract (“Contract”) under which the Customer Contracting Party agrees to purchase, and Service Provider Contracting Party agrees to supply certain Services on the terms set out in this Main Agreement. Insofar as any term and condition in a Service Schedule conflicts with this Main Agreement in respect of-
(a) the description of Services (including but not limited to pricing, specifications), the Service Schedule shall prevail;
(b) any other matter, the terms and conditions under this Main Agreement shall prevail.
STATUS AND PRECEDENCE. 2.1 This Agreement is an enabling agreement under which the Parties may from time to time agree to the provision of Products and/or Services by FMT by the completion of a Schedule of Services. All terms and conditions applicable to the specific Products and/or Services (in addition to the applicable terms and conditions contained in this Agreement) shall be set out in the Schedule of Services and applicable Service Definition to be signed by the Parties.
2.2 Except where provided to the contrary in a Schedule of Services and then only to the extent as specified, each Schedule of Services (informed by these terms and conditions) shall be a separate and legally binding contract under which the Customer agrees to purchase Products and/or Services. Insofar as any term and condition in any Schedule of Service and applicable Service Definition conflicts with this Agreement in respect of the description of the Products and/or Services, including specifications and pricing, the terms and conditions in the Schedule of Services and/or Service Definition will prevail. In any other matter the Agreement shall prevail.
STATUS AND PRECEDENCE. 3.1. This Agreement is an umbrella agreement between Client and Panacea Mobile under which Client may from time to time request the provision of VAS Services for itself via Panacea Mobile ’s ordering procedures.
3.2. The VAS Services to be provided to Client shall be set out in Service Schedules. All Service Schedules will be subject to the terms of this Agreement. However, save where expressly provided to the contrary, the terms and conditions of any one Service Schedule shall not apply to any other Service Schedule.
3.3. Insofar as any term and condition in a Service Schedule conflicts with this Agreement, the Service Schedule shall prevail.
3.4. Use of VAS Services shall also be subject to the standard rules and conditions of use generally applied to the use of the Network Infrastructure to receive such VAS Services by the particular Network involved and Client agrees to abide by and ensure compliance with such conditions of use as they apply to the VAS Services.
STATUS AND PRECEDENCE. 3.1 In addition to the general terms, these terms and conditions govern the use of the SWDconnect registrar services. By contracting with SWDconnect for the services a client will be lawfully regarded as having agreed to their use of the services specified being governed by this agreement.
3.2 To the extent that any provision of this document conflicts with the provisions of the general terms, the provisions of this document will prevail.
3.3 In providing the registrar services the registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the registry set out in such agreements (including compliance with the published policies or any mandatory ICANN policy), such act or omission will not be a breach of this agreement.