(2) Support Software Tool and Remote Access. During the Services session, Symantec may (i) ask You to install certain support software on Your personal computer by downloading the support software from the Site (ii) ask for Your permission to use the remote assist tool through the Symantec service representative to enable Symantec to remotely access and take control of Your personal computer; (iii) gather system data and modify computer settings in order to diagnose or repair a problem; and/or (iv) utilize certain third party support software on Your personal computer, which will be removed upon the completion of the Services session. The support software (including any third party support software) and remote assist tool are owned by Symantec or applicable third party licensors and suppliers and may be collectively referred to as the “Support Software Tool” in the Terms. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. You may use the Support Software Tool only as part of or for use with the Service and for no other purpose. By electing to receive support, You agree to allow Symantec to use whatever Support Software Tools are deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your personal computer, there will be no residual software from the remote session; however, there may be a report created by xml or flash. In the case of some services the technician may install (with your consent) an application that is designed to continue to provide the customer with some benefit (such as regular scans of the PC) after the end of the service. You also understand that if You elect to install the Support Software Tool on Your computer, by downloading the Support Software Tool, You agree to use the Support Software Tool in accordance with the Symantec Support Software Tool Usage Agreement located at help.norton.com (the “Support Software Tool Usage Agreement”). In such case, You shall cease use of the Support Software Tool and remove it from Your personal computer at the end of the Services support session.
2. Submissions. As a Plan participant, you have two options when forwarding a data recovery case to us, as described below. In addition, Seagate may, at its sole discretion, accept purchase orders for Services (including without limitation data recovery case submissions) under this Plan from entities, organizations, persons or companies that are controlled by, under control of, or under common control with you (each, an “Affiliate”), and such Affiliate shall become bound by these Terms and you assume joint and several liability for all obligations relating to such purchase order and Affiliate’s acts and omissions, including, but not limited to, payment thereof.
REPORTING 3.4.1 The Consultant shall report to the Employer and KfW on the progress of the Services in accordance with the Special Conditions. Except where otherwise stipulated in the Special Conditions, in case of longer assignments such as construction management, training or operational support, the Consultant shall draw up quarterly reports, and following the conclusion of the Services draw up a final report covering the entire Completion Period. The reports shall include a comparison of targeted and actual values for the planned activities; the progress of construction; developments in the time frame; financial developments; and information on any problems and identification of possible solutions. 3.4.2 The Consultant shall inform the Employer
In case of change in the connexion process to ECOBANK On Line Banking Services, ECOBANK shall inform the Customer by e-mail. Such information shall never be communicated by phone. Access to the Customer’s ECOBANK Private Data Storage Space is strictly reserved for the Customer. The Customer guarantees the confidentiality of his username and Personal Security Package, and forbids their use by anybody else. The Customer must ensure that the keyboarding and checking processes of his username and Personal Security Package are carried out in perfect conditions of confidentiality and security.
6.6 The Customer authorises Hullabaloo to use and disclose, in the UK and abroad, information about them and their use of the Mobile Services and how they conduct their account for the purposes of operating their account and providing the Customer with the Mobile Services or as required for reasons or national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as Hullabaloo. The Customer agrees to this information being used by Hullabaloo for credit control purpose and fraud and crime detection and prevention. The Customer can obtain further details from our public registration held by the Information Commissioner. If the Customer wishes to have details of the credit reference or the fraud prevention agencies from whom Hullabaloo obtains and with whom Hullabaloo records information about the Customer or receive a copy (Hullabaloo may charge a fee) of the information Hullabaloo holds about the Customer, please contact us by writing to the Data Controller at Hullabaloo Communications at first Floor, 33 Nork Way, Banstead, Surrey SM7 1PB stating your full name, address, account number and phone number.
an allocated fair-use number of support hours per month, your account manager will review your usage on a quarterly basis and speak with you should your package need to be adjusted. We operate a managed service using some of the largest hosting providers in the world. Their Terms and Conditions can be found at
Our server software (virus patterns) is updated daily. Virus protection is an ongoing process and it’s impossible to protect against 100% of the virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. End- users are responsible for protecting their computers and ensuring they are virus-free. We recommend that each end-user run a local anti- virus software package on their PC for additional protection. Excalibur Technology will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending virus-infected emails. Most viruses are transmitted by email, but not all. If your email software is connected to another email service other than Excalibur Technology, it is possible that virus-infected email could be pulled into your Excalibur Technology account from another service. Excalibur Technology cannot be held responsible for virus-infected email originally sent to email services outside of Excalibur Technology.
We shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
(xii) Statement of Account. Only statements of account prepared and printed by the Bank on the Banks stationery shall be binding on the Bank. Any statement of account and other information downloaded by way of the Platform and printed or saved in any medium shall not be binding on the Bank. (xiii) Disclaimer of Liability - General. In no event shall the Bank have any liability to the Bank or any other person entity for damages of any kind arising out of the Account Holders use of, or inability to use the platform, including for any delays or omissions therein, or for interruptions in the delivery of services regardless if the form of action (including negligence or strict liability) whether or not the Bank has been advised of, or otherwise might have anticipated, the possibility of such damages. (xiv) Disclaimer of Liability - 3rd Parties. The Bank shall not be responsible for the accuracy and completeness of any information received from banks or financial institutions other than the Bank by way of the Platform. In no event shall the Bank be liable to the Account Holder for any damages that the Account Holder may suffer by relying on information received from financial institutions other than the Bank. (xv) Standard of care. The standard of care applicable to the Bank conduct and the extent of its liability to the Account Holder for any failure by the Bank to exercise such care, shall be determined in accordance with the same legal standards that would otherwise apply to communications transmitted via telephone or telecopier/ facsimile
responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to Electronic Fund Transfers that cannot be varied or waived by agreement. The bank makes no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking service provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors or that any or all Online Banking services will be available and operational at all times. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we, nor the service providers, shall be responsible for any loss, property damage, or bodily injury whether caused by the equipment, software, bankcda, Internet providers, service providers, or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, consequential, economic or other damages arising in any way out of the use of Online Banking.
19.2 As a matter of corporate policy, COMPANY expressly prohibits payment of bribes and also payment of any so-called "facilitation" or "grease" payments in connection with COMPANY'S business operations by any contractor or agent engaged to provide goods or services to COMPANY. CONTRACTOR agrees, undertakes and confirms that it, and each of its AFFILIATES, and its subcontractors, and its and their respective owners, directors, officers, employees, agents and representatives, has not made, offered, promised to make or authorized the making of, and shall not make, offer, or promise to make, or authorize the making of, any payment or other transfer of anything of value, including without limitation the provision of any funds, services, gifts or entertainment, directly or indirectly to
14.10 The Client is fully and independently responsible for fulfilling all statutory VAT obligations in the matter of the Information Services supplied by the Client to the Number Callers. This also explicitly includes payment of any statutory VAT that is owed in respect of the payments received from the Number Callers and collected by the Supplier for the Information Services. The Client shall indemnify the Supplier against all claims regarding failure to observe these obligations.
l. The Seller will use best endeavours to provide attendance of an engineer at the site for the purposes of repair and maintenance to the equipment within the specified Response Time under the terms of the maintenance contract from the time of receipt of The Buyer call (note Such calls for services will receive priority of response over calls from other Buyers of The Seller who have not entered into any agreement with The Seller for the provision of services.
and to refuse any and all deposits, credits and withdrawals of the Account if the Account Owner is in breach of any of the terms and conditions of this Agreement or if: (a) any instructions given to the Bank are ambiguous, conflicting or not acceptable to the Bank; (b) if the Bank suspects there may be any fraud or illegality in any transactions; or (c) if the Bank requires any further instructions, information or documentation, in form and content satisfactory to the Bank. The Bank may also report any money laundering, illegal and/or suspicious transactions in the Account to the authorities within the Kingdom of Saudi Arabia or abroad. The Bank shall comply with all anti-money laundering laws and regulations in force and applicable to it from time to time and may at its discretion call for additional details or information on the Account Owner and/or the Account and provide the same to regulatory authorities involved in the said operations. The Bank will not take any responsibility for delayed execution of transactions if the information called for is not provided by the Account Owner in time.
14.3. Treatment of TCD’s Confidential Information. TCD's Confidential Information shall be treated as strictly confidential by Client and shall not be disclosed by Client to any third party except to those third parties operating under non-disclosure provisions no less restrictive than in this Section and who have a justified business "need to know". Client shall protect the deliverables resulting from Services with the same degree of care. These Terms and Conditions impose no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Client without an obligation to maintain its confidentiality prior to receipt from TCD; (b) is or becomes generally known to the public without violation of these Terms and Conditions; (c) is obtained by Client in good faith from a third party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by Client without the participation of individuals who have had access to the Confidential Information; or (e) is required to be disclosed by court order or applicable law, provided notice is promptly given to the TCD and provided further that diligent efforts are undertaken to limit disclosure.
15.0 Removal of Supplier Personnel. All Supplier Personnel shall have a background appropriate for the location and the type of work to be performed by the individual, including without limitation any disqualifying criminal background. If the University becomes aware that Supplier or any Supplier employee, agent or contractor (collectively “Supplier Personnel”) (a) does not have the background appropriate for the location and type of work to be performed by the individual, or (b) repeatedly fails, in the University’s sole discretion, to perform in a competent manner, the Supplier Personnel shall no longer be acceptable to the University. Under either circumstance, after the University notifies Supplier in writing citing the grounds and specific supporting facts, Supplier shall no longer schedule the Supplier Personnel to provide or support Services for the University under this Agreement or any other Agreement with the University. The University, in its sole discretion, may modify this prohibition upon presentation in writing by Supplier of adequate reasons and facts for modifying the prohibition.
WEBSITEPERFECT RESERVES THE RIGHT AND HAS ABSOLUTE DISCRETION TO RESTRICT OR REMOVE FROM ITS SERVERS ANY CONTENT OR DOMAIN THAT VIOLATE THIS AGREEMENT OR RELATED POLICIES, OR IS OTHERWISE OBJECTIONABLE OR POTENTIALLY INFRINGING ON ANY THIRD PARTY'S RIGHTS OR IN POTENTIALLY VIOLATION OF ANY LAWS, OR EXCEED THE ALLOTED HOSTING RESOURCES SEE IX . IN THE EVENT OF BECOMING AWARE OF ANY POSSIBLE VIOLATION BY CUSTOMER OF THIS AGREEMENT, ANY RELATED POLICIES, THIRD PARTY RIGHTS OR LAWS, WEBSITEPERFECT MAY IMMEDIATELY TAKE CORRECTIVE ACTION, INCLUDING, BUT NOT LIMITED TO, (A) ISSUING WARNINGS, (B) SUSPENDING OR TERMINATING THE ORDERED SERVICE, (C) RESTRICTING OR PROHIBITING ANY AND ALL USES OF CONTENT HOSTED ON WEBSITEPERFECT'S OR OTHER VENDORS’ SYSTEMS, AND/OR (D) DISABLING OR REMOVING ANY HYPERTEXT LINKS TO THIRD-PARTY WEB SITES, ANY OF CUSTOMER’S CONTENT DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE ORDERED SERVICES, OR OTHER CONTENT NOT SUPPLIED BY WEBSITEPERFECT WHICH, IN WEBSITEPERFECT'S SOLE DISCRETION, MAY VIOLATE OR INFRINGE ANY LAW OR THIRD- PARTY RIGHTS OR WHICH OTHERWISE EXPOSES OR POTENTIALLY EXPOSES WEBSITEPERFECT TO CIVIL OR CRIMINAL LIABILITY OR PUBLIC RIDICULE. IT IS WEBSITEPERFECT'S POLICY TO TERMINATE REPEAT INFRINGERS. THE ABOVE STATED RIGHTS OF ACTION, HOWEVER, DO NOT OBLIGATE WEBSITEPERFECT TO MONITOR OR EXERT EDITORIAL CONTROL OVER THE INFORMATION MADE AVAILABLE FOR DISTRIBUTION VIA THE ORDERED SERVICES. IN THE EVENT WEBSITEPERFECT TAKES CORRECTIVE ACTION DUE TO SUCH POSSIBLE VIOLATION, WEBSITEPERFECT SHALL NOT BE OBLIGATED TO REFUND TO CUSTOMER ANY FEES PAID IN ADVANCE OF SUCH CORRECTIVE ACTION.
documentation, networks, files, software, and Customer personnel that are reasonably necessary for RSA to perform its obligations. Neither party may assign this Agreement to a separate legal entity, without the other party's written consent. Neither party shall unreasonably withhold or delay such consent; provided, however, that such written consent shall not be required if (i) either party assigns this Agreement to a separate entity in connection with a merger, acquisition, or sale of all or substantially all of its assets with or to such other separate entity, unless the surviving entity of the merger, acquisition, or sale of assets is a direct competitor of the other party. Nothing herein shall limit RSA's right to assign its right to receive and collect payments hereunder. All terms of any purchase order or similar document provided by Customer, including but not limited to any pre-printed terms thereon and any terms that are inconsistent, add to, or conflict with this Agreement and/or an SOW, shall be null and void and of no legal force or effect. No waiver shall be deemed a waiver of any prior or subsequent default hereunder. If any part of this Agreement and/or any SOW entered into hereunder is held unenforceable, the validity of the remaining provisions shall not be affected.
a. Tracking Expenditures. In order to track expenditures under this demonstration, the State will report demonstration expenditures through the Medicaid and State Children's Health Insurance Program Budget and Expenditure System (MBES/CBES), following routine CMS-64 reporting instructions outlined in section 2500 and Section 2115 of the SMM. All demonstration expenditures subject to the budget neutrality limit must be reported each quarter on separate forms CMS-64.9 WAIVER and/or 64.9P WAIVER, identified by the demonstration project number assigned by CMS (including the project number extension, which indicates the DY in which services were rendered or for which capitation payments were made). For monitoring purposes, and consistent with annual CSR reconciliation, cost settlements must be recorded on the appropriate prior period adjustment schedules (forms CMS-64.9 Waiver) for the summary line 10B, in lieu of lines 9 or l0C. For any other cost settlements (i.e., those not attributable to this
network deficiencies that must be allocated to operators of electronic communications operators telecommunication networks and access providers, and in particular, but not limited to the following circumstances: interferences due to weather conditions, lack of coverage of the user's mobile; incompatibility of the mobile user with the services required; deficiencies in the user's mobile terminal, mains deficiencies operator or operators