Common use of The Service Clause in Contracts

The Service. The Invoice Payment Dashboard Service (“Service”) is a separate service used in conjunction with your Revenue Share Agreement. You may from time to time use the Service by directing us to pay in whole or in part the unused and available proceeds of the Advance to eligible counterparties (including amount, account numbers etc.) you designate on the Invoice Payment Dashboard (such directions, “Withdrawal Orders”). Subject to the terms herein, you may make Withdrawal Orders up to an amount equal to the Advance remaining and available in the Designated Account less any Service Fees. For each Withdrawal Order we process, you will pay us the fee indicated in Section 2 (“Service Fee”). Each Service Fee will be paid from the amount of your Advance remaining and available in the Designated Account by us debiting the Designated Account, or, at our discretion, by debiting your Bank Account. If the balance of your unused and available Advance is less than the amount of a Withdrawal Order plus the related Service Fee, you may not use the Service to facilitate payment of the Withdrawal Order. You hereby acknowledge that any Authorization Agreement will apply to this Agreement with like effect. You assume sole responsibility for any Withdrawal Order and such orders may be relied upon by us, whether or not any error could be detected by us. You do not have the right to cancel or amend any Withdrawal Order once given to us. You acknowledge and agree that we are facilitating the payment as your agent and may, in our sole discretion, reject any Withdrawal Order, including those which do not comply with the requirements of this Agreement, our internal policies, or applicable laws and regulations. You are solely responsible for timely payments to your payees and we have no liability for any late payment.

The Service. In order to participate in the Service, you must at all times maintain an Account with us. The Invoice Payment Dashboard Service (“Service”) is permits you to take an image of a separate service used in conjunction check with your Revenue Share Agreementsmart phone and deliver that image to us for deposit, in accordance with our requirements. You retain the original paper check after you make the deposit. If we accept a Check Image for collection, we will attempt to collect the item by presenting the Check Image or converting the Check Image to a Substitute Check, or in any other manner. The manner in which the Check Image or Substitute Check is presented for payment, cleared and collected will be determined by us, in our discretion. You agree that all Check Images you deposit through the Service will be considered "items" and "instruments" under the Uniform Commercial Code, as if they were the original paper items. We may terminate the Service or change, modify, add or remove requirements or functionality in connection with the Service at any time, without notice to you. You understand that in the event the item you submitted for deposit is returned unpaid, you will receive only a copy of the Check Image, the Substitute Check, or other information available to us, depending on the manner of presentment. YOUR ELIGIBILTY FOR THE SERVICE We will determine from time to time use at our discretion if you are eligible for the Service. We may impose limits from time to time on the amount or number of deposits you make through the Service by directing us and in our sole discretion, we may refuse to pay in whole permit you to make deposits to a particular Account through the Service. We may suspend or in part the unused and available proceeds terminate your use of the Advance Service at any time and without prior notice to eligible counterparties (including amount, account numbers etc.) you designate on the Invoice Payment Dashboard (such directions, “Withdrawal Orders”)you. Subject to the terms herein, you may make Withdrawal Orders up to You must at all times maintain an amount equal to the Advance remaining and available in the Designated Account less any Service Feeswith us. For each Withdrawal Order we process, you will pay us the fee indicated in Section 2 (“Service Fee”). Each Service Fee will be paid from the amount of your Advance remaining and available in the Designated Account by us debiting the Designated Account, or, at our discretion, by debiting your Bank Account. If the balance of your unused and available Advance is less than the amount of a Withdrawal Order plus the related Service Fee, you You may not use the Service to facilitate payment of at a location outside the Withdrawal OrderUnited States. You hereby acknowledge that any Authorization Agreement will apply to this Agreement with like effect. You assume sole responsibility for any Withdrawal Order and such orders may be relied upon by us, whether or not any error could be detected by us. You do not have We reserve the right to cancel or amend review your use of the Service and your security practices and may require you to implement reasonable and necessary controls in order to continue to use the Service. ITEMS ELIGIBLE FOR THE SERVICE We may decline to accept any Withdrawal Order once given to us. You acknowledge and agree that we are facilitating Check Image you submit through the payment as your agent and mayService, in our sole discretion. Only a check, (as defined in Regulation CC) payable on demand and drawn on or payable at an office of a United States bank is eligible for deposit as a Check Image through the Service. You must physically endorse each paper check and ensure that all endorsements are obtained prior to creating a Check Image for transmission to us. Your endorsement must state ”For Mobile Deposit at Academy Bank. Your name and your account number.” Checks received without a complete endorsement may be rejected. Examples of items that are not eligible for deposit through the Service include: checks drawn on banks located outside the U.S., travelers checks, checks payable in a currency other than U.S. currency, savings bonds, money orders, promissory notes. In addition, you may not deposit any of the following through the Service: checks payable to a person other than you (even if the check is endorsed over to you), fraudulent checks, or checks you should have known are fraudulent, stale checks (more than 6 months old), checks that have been previously deposited with us or at another financial institution, Substitute Checks, Remotely Created Checks, checks containing alterations of any kind, or any other type of item that we determine from time to time to refuse to accept through the Service. If you scan and attempt to deposit one of the items that are not eligible for deposit, we may, at our option, reject the deposit and notify you that it is rejected. In such a case, we are not required to return the image of the item that you attempted to deposit. TECHNICAL REQUIREMENTS/ACCURACY OF IMAGES In order to use the Service, the mobile phone you use must meet the technical requirements we specify from time to time. We have no responsibility for any Withdrawal Ordertechnical difficulties you may have with accessing the Service, including those which do not comply difficulties with the requirements of this Agreement, our internal policies, your phone or applicable laws and regulationsyour mobile carrier. You are solely responsible for timely payments to accurately capturing a clear and complete image of each paper check, including MICR Data. If your payees and Smart phone produces Check Images that we determine are not of acceptable quality, we may, at our option, reject your deposit (although we have no liability obligation to inspect the Check Images you submit for deposit). You are required to inspect all Check Images to ensure the legibility of the Check Image, including without limitation the dollar amount of the check, the signatures of the persons signing and endorsing the check and the MICR Data. You are responsible for any late paymenterrors as a result of your failure to follow our guidelines or requirements when submitting a Check Image for deposit. We have no liability to you for any failure to process a deposit of a Check Image for which you have not provided us (i) full and correct information from the original paper check, (ii) an accurate and legible image of the original paper check, or (iii) a Check Image in compliance with our formatting standards and other guidelines we have made available to you. OUR RECEIPT OF CHECK IMAGES Any transmission of a Check Image for deposit made after the cut-off time we establish from time to time will be deemed to be received by us at the opening of the next Business Day. A Check Image transmitted for deposit using the Service is received when the entire transmission in which the Check Image is contained is received and approved by us. We are not responsible for Check Images that we do not receive for any reason, including a transmission error. A Check Image is deemed to be received by us only when we send you confirmation that we have received the Check Image. Even after we confirm receipt, the Check Image may be rejected by us for any reason, in our sole discretion. You understand that we have no obligation to verify the accuracy or quality of any Check Image prior to processing the deposit. We may, in our discretion, reject a Check Image at any time before we submit it for collection. We have no obligation to reject, repair, alter, amend, or re-format in any manner a Check Image that you transmit to us for deposit. YOUR REPRESENTATIONS AND WARRANTIES Each time you submit a Check Image to us for deposit to an Account through the Service, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the original paper check, and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement or otherwise to any person when we transfer, present or originate a transaction from the Check Image or a Substitute Check created from the Check Image. In addition, you make the following specific representations and warranties:  The Check Image is a complete and accurate representation of the front and back of a check which is eligible for deposit under this Agreement, including the MICR Data.  The original check used to create the Check Image has not been previously deposited with us or at any other financial institution, duplicated or used to create another image or electronic fund transfer.  The Check Image satisfies our image quality standards, as we may establish them from time to time.  All information you have provided to us is accurate and complete.  No subsequent transferees of the Check Image, or any Substitute Check created from the Check Image (including Academy Bank, a collecting or returning bank, drawer, drawee, payee or endorser) shall sustain a loss as the result of the fact that the Check Image or Substitute Check was presented for payment or returned instead of the original paper check.  You are a person entitled to endorse the check, all signatures on the check are authentic and authorized, the check has not been altered or forged, the check is not subject to a defense or claim in recoupment of any party that can be asserted against you and you have no knowledge of any insolvency proceeding against the drawer.  You are acting in compliance with this Agreement, your deposit account agreement and all applicable laws and regulations.

The Service. In order to participate in the Service, you must at all times maintain an Account with us. The Invoice Payment Dashboard Service (“Service”) is permits you to take an image of a separate service used in conjunction check with your Revenue Share Agreementsmart phone and deliver that image to us for deposit, in accordance with our requirements. You retain the original paper check after you make the deposit. If we accept a Check Image for collection, we will attempt to collect the item by presenting the Check Image or converting the Check Image to a Substitute Check, or in any other manner. The manner in which the Check Image or Substitute Check is presented for payment, cleared and collected will be determined by us, in our discretion. You agree that all Check Images you deposit through the Service will be considered "items" and "instruments" under the Uniform Commercial Code, as if they were the original paper items. We may terminate the Service or change, modify, add or remove requirements or functionality in connection with the Service at any time, without notice to you. You understand that in the event the item you submitted for deposit is returned unpaid, you will receive only a copy of the Check Image, the Substitute Check, or other information available to us, depending on the manner of presentment. YOUR ELIGIBILTY FOR THE SERVICE We will determine from time to time use at our discretion if you are eligible for the Service. We may impose limits from time to time on the amount or number of deposits you make through the Service by directing us and in our sole discretion, we may refuse to pay in whole permit you to make deposits to a particular Account through the Service. We may suspend or in part the unused and available proceeds terminate your use of the Advance Service at any time and without prior notice to eligible counterparties (including amount, account numbers etc.) you designate on the Invoice Payment Dashboard (such directions, “Withdrawal Orders”)you. Subject to the terms herein, you may make Withdrawal Orders up to You must at all times maintain an amount equal to the Advance remaining and available in the Designated Account less any Service Feeswith us. For each Withdrawal Order we process, you will pay us the fee indicated in Section 2 (“Service Fee”). Each Service Fee will be paid from the amount of your Advance remaining and available in the Designated Account by us debiting the Designated Account, or, at our discretion, by debiting your Bank Account. If the balance of your unused and available Advance is less than the amount of a Withdrawal Order plus the related Service Fee, you You may not use the Service to facilitate payment of at a location outside the Withdrawal OrderUnited States. You hereby acknowledge that any Authorization Agreement will apply to this Agreement with like effect. You assume sole responsibility for any Withdrawal Order and such orders may be relied upon by us, whether or not any error could be detected by us. You do not have We reserve the right to cancel or amend review your use of the Service and your security practices and may require you to implement reasonable and necessary controls in order to continue to use the Service. ITEMS ELIGIBLE FOR THE SERVICE We may decline to accept any Withdrawal Order once given to us. You acknowledge and agree that we are facilitating Check Image you submit through the payment as your agent and mayService, in our sole discretion. Only a check, (as defined in Regulation CC) payable on demand and drawn on or payable at an office of a United States bank is eligible for deposit as a Check Image through the Service. You must physically endorse each paper check and ensure that all endorsements are obtained prior to creating a Check Image for transmission to us. Your endorsement must state ”For Mobile Deposit at Armed Forces Bank. Your name and your account number.” Checks received without a complete endorsement may be rejected. Examples of items that are not eligible for deposit through the Service include: checks drawn on banks located outside the U.S., travelers checks, checks payable in a currency other than U.S. currency, savings bonds, money orders, promissory notes. In addition, you may not deposit any of the following through the Service: checks payable to a person other than you (even if the check is endorsed over to you), fraudulent checks, or checks you should have known are fraudulent, stale checks (more than 6 months old), checks that have been previously deposited with us or at another financial institution, Substitute Checks, Remotely Created Checks, checks containing alterations of any kind, or any other type of item that we determine from time to time to refuse to accept through the Service. If you scan and attempt to deposit one of the items that are not eligible for deposit, we may, at our option, reject the deposit and notify you that it is rejected. In such a case, we are not required to return the image of the item that you attempted to deposit. TECHNICAL REQUIREMENTS/ACCURACY OF IMAGES In order to use the Service, the mobile phone you use must meet the technical requirements we specify from time to time. We have no responsibility for any Withdrawal Ordertechnical difficulties you may have with accessing the Service, including those which do not comply difficulties with the requirements of this Agreement, our internal policies, your phone or applicable laws and regulationsyour mobile carrier. You are solely responsible for timely payments to accurately capturing a clear and complete image of each paper check, including MICR Data. If your payees and Smart phone produces Check Images that we determine are not of acceptable quality, we may, at our option, reject your deposit (although we have no liability obligation to inspect the Check Images you submit for deposit). You are required to inspect all Check Images to ensure the legibility of the Check Image, including without limitation the dollar amount of the check, the signatures of the persons signing and endorsing the check and the MICR Data. You are responsible for any late paymenterrors as a result of your failure to follow our guidelines or requirements when submitting a Check Image for deposit. We have no liability to you for any failure to process a deposit of a Check Image for which you have not provided us (i) full and correct information from the original paper check, (ii) an accurate and legible image of the original paper check, or (iii) a Check Image in compliance with our formatting standards and other guidelines we have made available to you. OUR RECEIPT OF CHECK IMAGES Any transmission of a Check Image for deposit made after the cut-off time we establish from time to time will be deemed to be received by us at the opening of the next Business Day. A Check Image transmitted for deposit using the Service is received when the entire transmission in which the Check Image is contained is received and approved by us. We are not responsible for Check Images that we do not receive for any reason, including a transmission error. A Check Image is deemed to be received by us only when we send you confirmation that we have received the Check Image. Even after we confirm receipt, the Check Image may be rejected by us for any reason, in our sole discretion. You understand that we have no obligation to verify the accuracy or quality of any Check Image prior to processing the deposit. We may, in our discretion, reject a Check Image at any time before we submit it for collection. We have no obligation to reject, repair, alter, amend, or re-format in any manner a Check Image that you transmit to us for deposit. YOUR REPRESENTATIONS AND WARRANTIES Each time you submit a Check Image to us for deposit to an Account through the Service, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the original paper check, and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement or otherwise to any person when we transfer, present or originate a transaction from the Check Image or a Substitute Check created from the Check Image. In addition, you make the following specific representations and warranties:  The Check Image is a complete and accurate representation of the front and back of a check which is eligible for deposit under this Agreement, including the MICR Data.  The original check used to create the Check Image has not been previously deposited with us or at any other financial institution, duplicated or used to create another image or electronic fund transfer.  The Check Image satisfies our image quality standards, as we may establish them from time to time.  All information you have provided to us is accurate and complete.  No subsequent transferees of the Check Image, or any Substitute Check created from the Check Image (including Armed Forces Bank, a collecting or returning bank, drawer, drawee, payee or endorser) shall sustain a loss as the result of the fact that the Check Image or Substitute Check was presented for payment or returned instead of the original paper check.  You are a person entitled to endorse the check, all signatures on the check are authentic and authorized, the check has not been altered or forged, the check is not subject to a defense or claim in recoupment of any party that can be asserted against you and you have no knowledge of any insolvency proceeding against the drawer.  You are acting in compliance with this Agreement, your deposit account agreement and all applicable laws and regulations.

The Service. In order to participate in the Service, you must at all times maintain an Account with us. The Invoice Payment Dashboard Service (“Service”) is permits you to take an image of a separate service used in conjunction check with your Revenue Share Agreementsmart phone and deliver that image to us for deposit, in accordance with our requirements. You retain the original paper check after you make the deposit. If we accept a Check Image for collection, we will attempt to collect the item by presenting the Check Image or converting the Check Image to a Substitute Check, or in any other manner. The manner in which the Check Image or Substitute Check is presented for payment, cleared and collected will be determined by us, in our discretion. You agree that all Check Images you deposit through the Service will be considered "items" and "instruments" under the Uniform Commercial Code, as if they were the original paper items. We may terminate the Service or change, modify, add or remove requirements or functionality in connection with the Service at any time, without notice to you. You understand that in the event the item you submitted for deposit is returned unpaid, you will receive only a copy of the Check Image, the Substitute Check, or other information available to us, depending on the manner of presentment. YOUR ELIGIBILTY FOR THE SERVICE We will determine from time to time use at our discretion if you are eligible for the Service. We may impose limits from time to time on the amount or number of deposits you make through the Service by directing us and in our sole discretion, we may refuse to pay in whole permit you to make deposits to a particular Account through the Service. We may suspend or in part the unused and available proceeds terminate your use of the Advance Service at any time and without prior notice to eligible counterparties (including amount, account numbers etc.) you designate on the Invoice Payment Dashboard (such directions, “Withdrawal Orders”)you. Subject to the terms herein, you may make Withdrawal Orders up to You must at all times maintain an amount equal to the Advance remaining and available in the Designated Account less any Service Feeswith us. For each Withdrawal Order we process, you will pay us the fee indicated in Section 2 (“Service Fee”). Each Service Fee will be paid from the amount of your Advance remaining and available in the Designated Account by us debiting the Designated Account, or, at our discretion, by debiting your Bank Account. If the balance of your unused and available Advance is less than the amount of a Withdrawal Order plus the related Service Fee, you You may not use the Service to facilitate payment of at a location outside the Withdrawal OrderUnited States. You hereby acknowledge that any Authorization Agreement will apply to this Agreement with like effect. You assume sole responsibility for any Withdrawal Order and such orders may be relied upon by us, whether or not any error could be detected by us. You do not have We reserve the right to cancel or amend review your use of the Service and your security practices and may require you to implement reasonable and necessary controls in order to continue to use the Service. ITEMS ELIGIBLE FOR THE SERVICE We may decline to accept any Withdrawal Order once given to us. You acknowledge and agree that we are facilitating Check Image you submit through the payment as your agent and mayService, in our sole discretion. Only a check, (as defined in Regulation CC) payable on demand and drawn on or payable at an office of a United States bank is eligible for deposit as a Check Image through the Service. You must physically endorse each paper check and ensure that all endorsements are obtained prior to creating a Check Image for transmission to us. Your endorsement must state ”For Mobile Deposit at Academy Bank. Your name and your account number.” Checks received without a complete endorsement may be rejected. Examples of items that are not eligible for deposit through the Service include: checks drawn on banks located outside the U.S., travelers checks, checks payable in a currency other than U.S. currency, savings bonds, money orders, promissory notes. In addition, you may not deposit any of the following through the Service: checks payable to a person other than you (even if the check is endorsed over to you), fraudulent checks, or checks you should have known are fraudulent, stale checks (more than 6 months old), checks that have been previously deposited with us or at another financial institution, Substitute Checks, Remotely Created Checks, checks containing alterations of any kind, or any other type of item that we determine from time to time to refuse to accept through the Service. If you scan and attempt to deposit one of the items that are not eligible for deposit, we may, at our option, reject the deposit and notify you that it is rejected. In such a case, we are not required to return the image of the item that you attempted to deposit. TECHNICAL REQUIREMENTS/ACCURACY OF IMAGES In order to use the Service, the mobile phone you use must meet the technical requirements we specify from time to time. We have no responsibility for any Withdrawal Ordertechnical difficulties you may have with accessing the Service, including those which do not comply difficulties with the requirements of this Agreement, our internal policies, your phone or applicable laws and regulationsyour mobile carrier. You are solely responsible for timely payments to accurately capturing a clear and complete image of each paper check, including MICR Data. If your payees and Smart phone produces Check Images that we determine are not of acceptable quality, we may, at our option, reject your deposit (although we have no liability obligation to inspect the Check Images you submit for deposit). You are required to inspect all Check Images to ensure the legibility of the Check Image, including without limitation the dollar amount of the check, the signatures of the persons signing and endorsing the check and the MICR Data. You are responsible for any late paymenterrors as a result of your failure to follow our guidelines or requirements when submitting a Check Image for deposit. We have no liability to you for any failure to process a deposit of a Check Image for which you have not provided us (i) full and correct information from the original paper check, (ii) an accurate and legible image of the original paper check, or (iii) a Check Image in compliance with our formatting standards and other guidelines we have made available to you. OUR RECEIPT OF CHECK IMAGES Any transmission of a Check Image for deposit made after the cut-off time we establish from time to time will be deemed to be received by us at the opening of the next Business Day. A Check Image transmitted for deposit using the Service is received when the entire transmission in which the Check Image is contained is received and approved by us. We are not responsible for Check Images that we do not receive for any reason, including a transmission error. A Check Image is deemed to be received by us only when we send you confirmation that we have received the Check Image. Even after we confirm receipt, the Check Image may be rejected by us for any reason, in our sole discretion. You understand that we have no obligation to verify the accuracy or quality of any Check Image prior to processing the deposit. We may, in our discretion, reject a Check Image at any time before we submit it for collection. We have no obligation to reject, repair, alter, amend, or re-format in any manner a Check Image that you transmit to us for deposit. YOUR REPRESENTATIONS AND WARRANTIES Each time you submit a Check Image to us for deposit to an Account through the Service, you are deemed to have made the same representations or warranties to us that would have applied if you had deposited the original paper check, and all representations or warranties that we must make under applicable law, clearinghouse rule, regulation, operating circular, agreement or otherwise to any person when we transfer, present or originate a transaction from the Check Image or a Substitute Check created from the Check Image. In addition, you make the following specific representations and warranties: The Check Image is a complete and accurate representation of the front and back of a check which is eligible for deposit under this Agreement, including the MICR Data. The original check used to create the Check Image has not been previously deposited with us or at any other financial institution, duplicated or used to create another image or electronic fund transfer. The Check Image satisfies our image quality standards, as we may establish them from time to time. All information you have provided to us is accurate and complete. No subsequent transferees of the Check Image, or any Substitute Check created from the Check Image (including Academy Bank, a collecting or returning bank, drawer, drawee, payee or endorser) shall sustain a loss as the result of the fact that the Check Image or Substitute Check was presented for payment or returned instead of the original paper check. You are a person entitled to endorse the check, all signatures on the check are authentic and authorized, the check has not been altered or forged, the check is not subject to a defense or claim in recoupment of any party that can be asserted against you and you have no knowledge of any insolvency proceeding against the drawer. You are acting in compliance with this Agreement, your deposit account agreement and all applicable laws and regulations.

The Service. The Invoice Payment Dashboard Service (“If You are a tenant or You do not own Your Property, You will need the owners or landlord’s permission before You can authorise the Service”) is a separate service used in conjunction with your Revenue Share Agreement. We require evidence from You that such permission has been obtained. Where We carry out unauthorised works at the Property where You have failed to obtain consent or permission or where You have given false or inaccurate information. You may from time will compensate Us for any losses suffered because of Your failure to time use obtain the Service by directing us to pay in whole relevant consents or in part the unused and available proceeds of the Advance to eligible counterparties (including amount, account numbers etc.) you designate on the Invoice Payment Dashboard (such directions, “Withdrawal Orders”). Subject to the terms herein, you may make Withdrawal Orders up to an amount equal to the Advance remaining and available in the Designated Account less any Service Fees. For each Withdrawal Order we process, you will pay us the fee indicated in Section 2 (“Service Fee”). Each Service Fee will be paid from the amount of your Advance remaining and available in the Designated Account by us debiting the Designated Account, or, at our discretion, by debiting your Bank AccountProperty owner’s permission. If the balance Service is suspended due to a lack of your unused and available Advance is less relevant consents or permissions, other than the amount because of a Withdrawal Order plus the related Service FeeOur negligence or breach of this Agreement, you may not use for the Service to facilitate payment You will be responsible for the works undertaken and the materials supplied as part of the Withdrawal OrderService as at the date of suspension. Unless otherwise stated in writing, We will be entitled to carry out the Service in stages. Unless otherwise stated in writing, the Service will be carried out: during normal working hours (08:00 to 17:00 Monday to Friday). where in Our opinion a condition exists which would prevent Us carrying out the Service in a safe and/or efficient manner, We may ask You hereby acknowledge that any Authorization Agreement to remedy the condition(s) at Your own cost before We proceed. We will apply to this Agreement with like effect. You assume sole responsibility not be responsible for any Withdrawal Order and such orders may be relied upon losses caused by us, whether or not any error could be detected by usresulting delay. If You do not remedy the condition(s) within a reasonable period, to Our satisfaction, this will be considered as a denial of access by You as set out in clause 7.2.2(e); with opportunity for continuous work during the times set out above. If You deny Us this opportunity at any time, You must pay any additional costs incurred by Us. We will make every reasonable effort to complete the work on time, however We (or Our sub- contractors or agents) cannot be held responsible for delays that occur due to Your actions or due to an Event Outside Our Control. In cases of extreme or adverse weather conditions, We may be forced to cancel appointments at late notice. We will not be liable for any loss that results from this; in such circumstances We will agree an alternative date to carry out the Service and We will not incur any liability for such delay. Any times or dates given by Us for the carrying out of the Service are given in good faith but are approximate only and will not be of the essence. We will not be responsible for delay due to lack of instructions by You or by Your agent. If any such delays involve expense to Us You will pay that expense. You will provide adequate facilities for economical execution of the Agreement. These will include access to the Property. You will ensure the Boiler is in a working and serviceable condition, The Quotation, the Service and/or this Agreement excludes: any repair work or associated activities; all structural reinforcement required to support and accommodate the proposed Service; Except where these are included in the Quotation; upgrading Your system to comply with the latest industry standards; system flushes to remove sludge, lime scale and other debris from Your system; commercial boilers and domestic boilers over 40KW. Dependent on the make and model of the Boiler, some or all the following actions will be completed during the service (“the Service”), We will: check Our database for any updates to technical information for Your Boiler; visually inspect the full flue/chimney for the Boiler; inspect any ventilation for the Boiler; check the electric supply to the Boiler; remove the outer casing; check the operating pressure of the gas / gas consumption is correct; check the flame picture and stability; check that the water pressure in the system is correct; check that emissions from the flue are at a safe level; clean the appliance as required; check all seals and grommets; check for any signs of water leaks; fully test the operation of any safety devices; function test Your central heating system; function test Your hot water; check and clean any system filters; reset any timers or controls to the way You want them; and record any minor defects and discuss them with You, recommend remedies and provide costs. Exclusions: Replacement of decorative parts, external knobs/levers/switches, and/or casings. Any domestic water supply from the hot water cylinder or appliances including taps and showers. Any cold-water storage cistern, mains water supply, cold water supply pipework Inherent defects or inadequacy to the original design and installation of the system/appliance(s) not apparent at the initial subject to survey visit, or from visual inspection, and consequential damage or loss arising from defects (not applicable if We installed the entire heating system). Pipework, wiring or flues buried in the fabric of the building including underfloor heating. Any defects or damage caused through malicious or willful action, negligence, or third-party interference. Any defects or damage caused by fire, lightning, explosion, flood, storm, frost, impact or other extraneous cause. Any defect or damage occurring from a failure of the public electricity, gas or water supplies. Any work arising from hard water scale deposit, system contamination or damage from aggressive water. Removing asbestos associated with servicing or repairing appliance or system. Any unvented cylinder or associated unvented system components. Replacement or repair of thermocouples, thermal stores, immersion heaters or the repair of fan convectors. Replacement of towel rails, Low Surface Temperature and designer radiators, including any associated valves. Issues relating to the central heating system, Replenishment of chemical treatments. Complete appliance replacement for any reason. Replacement of gas supply pipework. Any increased cost of utilities, loss of water services, loss of earnings, any retrospective cost for items not relating to the repair of the heating components. The cost of any improvements to the heating or hot water systems. Removing sludge from system. Replacing/repairing any steel or iron pipes. Making access to the appliance/system that is not deemed reasonable. The replacement of any internet-based controls. If during the progress of the Service any hazardous materials (including asbestos) are encountered which could not have been reasonably identified by Us over the phone, We will let You know. We will withdraw Our staff immediately from the Property until the Property and/or Boiler is made safe. Removal of the hazardous material is Your responsibility. Where You request removal of the hazardous materials to be undertaken by Us or Our approved contractor costs will be charged to You in addition to the Agreed Contract Price. If You have had the hazardous materials removed independently, You must, in the case of asbestos, provide Us with a clean air certificate before We continue with the Service. If the hazardous material is not removed Our rights of cancellation in clause 7 apply. This Agreement covers the Service on a single Boiler at one Property. PAYMENT If You are a new customer to US You will pay to Us the Agreed Contract Price in full as stated in the Quotation over the telephone prior to the commencement of the Service. Payment shall be by bank transfer, credit or debit card only unless otherwise agreed by Us. Existing Customers will be issued an invoice following the Service which needs to be paid within seven days. You must pay VAT and any other taxes or duties at the applicable rate On the Agreed Contract Price. If You do not pay the Agreed Contract Price in full within the time mentioned above, and You still have not paid it within 14 days of Us reminding You, We shall have the right to cancel or amend any Withdrawal Order once given to us. You acknowledge and agree that we are facilitating the Service until the payment as your agent and mayhas been made, in our sole discretion, reject any Withdrawal Order, including those which do case We will not comply with the requirements of this Agreement, our internal policies, or applicable laws and regulations. You are solely be responsible for timely payments to your payees and we have no liability for any late paymentdelay. Alternatively, at Our option, We may treat this Agreement as having been cancelled by You. See clause 7.2, which explains what will happen if We do this.