Common use of ICT Services Clause in Contracts

ICT Services. 9.1 If software applications, IaaS and/or IoT applications or application support (‘ICT services’) form part of the Good or Service, the provisions of this article shall also apply. 9.2 In identifying the intended use of the ICT services by the Client, the Client has sufficiently taken note of the feasibility of its objectives, the suitability of its system and the restrictions on the ICT services. ROCKWOOL shall accept no liability in respect of the selection or suitability of any ICT service. 9.3 Prior to commissioning, ROCKWOOL will offer the Client the opportunity to undertake an acceptance test to be specified by ROCKWOOL, lasting a maximum of ten days (if necessary following connection with the Client’s systems) to test the correct functioning within its own environment. Reproducible errors that arise during the test will be rectified by ROCKWOOL, free of charge. In all other respects, the Client shall accept the ICT service ‘as is’ which it is supplied, with the exception of material and visible defects. Non acceptance of any module or part shall be without prejudice to the obligation to accept the other parts of the ICT service. Repair work following expiry of the acceptance period shall represent a separate payable ICT service. 9.4 Unless expressly otherwise agreed, ROCKWOOL is authorised to charge its standard rates for all time spent on providing an ICT service. Maintenance, support and user training are not included in the price for the delivery of an ICT service, unless agreed in writing. 9.5 In the event of termination, for a charge to be determined by ROCKWOOL, ROCKWOOL will provide all reasonable cooperation in migration to a subsequent service provider and if so demanded by the Client will establish all necessary links with the systems of the subsequent service provider, subject to the condition that confidentiality of ROCKWOOL’s data is guaranteed.