Common use of Supplier Services Clause in Contracts

Supplier Services. 3.1 The Supplier shall perform the Supplier Services in accordance with this Agreement with reasonable skill and care. The Supplier shall make available 3.1.1 the Supplier Products in accordance with the Supplier SLA as set out in the Service Description. If the Supplier fails to meet the Supplier SLA, the service credit regime (if applicable) as specified in the Service Description shall apply. Note that Supplier Products are also subject to Resold Service Provider’s terms and conditions of Microsoft and/or Amazon; 3.1.2 the Managed Services in accordance with the Supplier SLA set out in the Service Description. If the Supplier persistently fails to meet the Supplier SLA, it shall implement a service improvement plan to address the underlying cause of such failure. 3.1.3 the Professional Services as set out in the relevant Statement of Work. 3.2 Unless expressly agreed in the Service Description, the Supplier: 3.2.1 is not providing consultancy, user familiarisation or training, or support for other systems and services used by the Customer which interact with the Services; 3.2.2 will not provide back-up and restoration of Customer Data, and nor will it provide business continuity and disaster recovery services, unless these form part of the specific Services agreed with the Customer, and then only to the extent described in the relevant Service Description; 3.2.3 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; 3.2.4 does not warrant that the Services utilising the information obtained by the Customer through the Services will be error-free, accurate or meet the Customer's requirements. In particular, the Customer acknowledges that it has been given an opportunity to evaluate the Supplier Products and to decide whether to use them and the results generated by the software / services in connection with its operations. The Customer acknowledges that, given the nature of generative artificial intelligence, the use of AI related software / services in some cases may result in inaccurate output and that the Customer should assess the accuracy of any output on an ongoing basis as appropriate; and 3.2.5 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, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 3.3 Unless explicitly agreed in an Order the Supplier will not provide an Exit Plan, Service Management Plan or Security Management Plan 3.4 The Supplier shall have no liability for any failure of the Services to provide any facility or function if the failure results from use of the Services in a manner contrary to the terms of this Call-Off Contract and/or the instructions given to the Customer. 3.5 The Supplier does not guarantee that the Services shall result in any savings for the Customer during the Term or any time after.

Appears in 1 contract

Sources: Supplier Terms

Supplier Services. 3.1 The Supplier shall perform the Supplier Services in accordance with this Agreement with reasonable skill and care. The Supplier shall make availablecare and in particular: 3.1.1 the Supplier Products in accordance with the Supplier SLA as set out in the Service Description. If the Supplier fails to meet the Supplier SLA, the service credit regime (if applicable) as specified in the Service Description shall apply. Note that Supplier Products are also subject to Resold Service Provider’s terms and conditions of Microsoft and/or Amazon; 3.1.2 the Managed Services in accordance with the Supplier SLA set out in the Service Description. If the Supplier persistently fails to meet the Supplier SLA, it shall implement a service improvement plan to address the underlying cause of such failure. 3.1.3 the Professional Services as set out in the relevant Statement of Work. 3.2 Unless expressly agreed in the Service Description, the Supplier: 3.2.1 is not providing consultancy, user familiarisation or training, or support for other systems and services used by the Customer which interact with the Services; 3.2.2 will not provide back-up and restoration of Customer Data, and nor will it provide business continuity and disaster recovery services, unless these form part of the specific Services agreed with the Customer, and then only to the extent described in the relevant Service Description; 3.2.3 does not warrant that the Customer's use of the Services will be uninterrupted or error-free; 3.2.4 does not warrant that the Services utilising the information obtained by the Customer through the Services will be error-free, accurate or meet the Customer's requirements. In particular, the Customer acknowledges that it has been given an opportunity to evaluate the Supplier Products and to decide whether to use them and the results generated by the software / services in connection with its operations. The Customer acknowledges that, given the nature of generative artificial intelligence, the use of AI related software / services in some cases may result in inaccurate output and that the Customer should assess the accuracy of any output on an ongoing basis as appropriate; and 3.2.5 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, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 3.3 Unless explicitly agreed in an Order the Supplier will not provide an Exit Plan, Service Management Plan or Security Management Plan 3.4 The Supplier shall have no liability for any failure of the Services to provide any facility or function if the failure results from use of the Services in a manner contrary to the terms of this Call-Off Contract and/or the instructions given to the Customer. 3.5 The Supplier does not guarantee that the Services shall result in any savings for the Customer during the Term or any time after.

Appears in 1 contract

Sources: Framework Agreement