ORDERING AND PROVISION OF SERVICES. 3.1 The Customer may order services from Doodle in accordance with the following procedure(s):- (a) In response to a request by the Customer for Services, Doodle shall prepare an Order Form/quotation and submit this to the Customer (b) The Customer shall sign the Order Form and email to Doodle or accept the quotation through the portal. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Doodle for the provision of the Services specified in the Order Form and such offer shall remain open to acceptance by Doodle for a period of 14 calendar days from the date that the Order Form is submitted to Doodle. If Doodle declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form as soon as is reasonably practicable thereafter. (c) If ▇▇▇▇▇▇ agrees to accept the Order Form, ▇▇▇▇▇▇ shall send confirmation of acceptance to the Customer. 3.2 Whilst every effort shall be made to keep any delivery date for goods or services ordered, time of delivery shall not be of the essence and shall not be made so by the service of any notice. Doodle shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. 3.3 If Doodle notifies the Customer that a Service is ready for installation but the Customer is not ready to accept such installation for any reason whatsoever, then Doodle will invoice the Customer for the Fees for that Service(s). In the event that the Customer or the Customer Affiliates do not fulfil their obligations under this Agreement then (without prejudice to Doodle's other rights and remedies) Doodle will be relieved of its obligations under this Agreement and Doodle shall not be liable for any costs, charges or losses sustained by the Customer arising directly from any failure of the Customer or the Customer Affiliates to fulfil their obligations under this Agreement. Doodle shall also be entitled to recover any costs directly incurred by it arising from the Customer and/or the Customer Affiliates not fulfilling their obligations. 3.4 The provisions of Clause 3.3 shall apply to any re-installation of the Services or Replacement Services and the Service Commencement Date for such Services will be amended accordingly. 3.5 If the Customer agrees to enter into a Trial of a Service, then notwithstanding any other term of this Agreement, the Customer agrees that such Services shall be provided "as is" without warranty of any kind during the period of the Trial. Doodle reserves the right to cancel all Trials upon immediate notice to the Customer without penalty. Upon termination of the Trial, all Doodle's obligations and liabilities in relation to the Trial will cease. 3.6 Doodle or its agents may enter the Premises at such times and dates as agreed between the parties to inspect any Doodle related or affiliate equipment that the Customer may have connected [to the Service]. This permission is to remain in force until Doodle or its agents have removed all Doodle Equipment from the Premises or the Customer has returned the Doodle Equipment notwithstanding termination of this Agreement.
Appears in 1 contract
Sources: Master Service Agreement
ORDERING AND PROVISION OF SERVICES. 3.1 The Customer may order services from Doodle CJ Systems in accordance with the following procedure(s):-
(a) In response to a request by the Customer for Services, Doodle CJ Systems shall prepare an Order Form/quotation Form and submit this the Order Form to the Customer
(b) The Customer shall sign the Order Form and email submit it to Doodle or accept the quotation through the portalCJ Systems. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Doodle CJ Systems for the provision of the Services specified in the Order Form and such offer shall remain open to acceptance by Doodle CJ Systems for a period of 14 calendar days from the date that the Order Form is submitted to DoodleCJ Systems. If Doodle CJ Systems declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form as soon as is reasonably practicable thereafter.
(c) If ▇▇▇▇▇▇ CJ Systems agrees to accept the Order Form, ▇▇▇▇▇▇ CJ Systems shall send confirmation of acceptance to the Customer.
3.2 Whilst every effort shall be made to keep any Time for the delivery date for goods or services ordered, time provision of delivery shall the Services is not be of the essence and shall not be made so by the service of any notice. Doodle shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
3.3 If Doodle CJ Systems notifies the Customer that a Service is ready for installation but the Customer is not ready to accept such installation for any reason whatsoever, then Doodle CJ Systems will invoice the Customer for the Fees for that Service(s). In the event that the Customer or the Customer Affiliates do not fulfil their obligations under this Agreement then (without prejudice to Doodle's CJ Systems’ other rights and remedies) Doodle CJ Systems will be relieved of its obligations under this Agreement and Doodle CJ Systems shall not be liable for any costs, charges or losses sustained by the Customer arising directly from any failure of the Customer or the Customer Affiliates to fulfil their obligations under this Agreement. Doodle CJ Systems shall also be entitled to recover any costs directly incurred by it arising from the Customer and/or the Customer Affiliates not fulfilling their obligations.
3.4 The provisions of Clause 3.3 shall apply to any re-installation of the Services or Replacement Services and the Service Commencement Date for such Services will be amended accordingly.
3.5 If the Customer agrees to enter into a Trial of a Service, then notwithstanding any other term of this Agreement, the Customer agrees that such Services shall be provided "“as is" ” without warranty of any kind during the period of the Trial. Doodle CJ Systems reserves the right to cancel all Trials upon immediate notice to the Customer without penalty. Upon termination of the Trial, all Doodle's CJ Systems’ obligations and liabilities in relation to the Trial will cease.
3.6 Doodle CJ Systems or its agents may enter the Premises at such times and dates as agreed between the parties to inspect any Doodle related or affiliate equipment CJ Systems Equipment that the Customer may have connected [to the Service]. This permission is to remain in force until Doodle CJ Systems or its agents have removed all Doodle CJ Systems Equipment from the Premises or the Customer has returned the Doodle CJ Systems Equipment notwithstanding termination of this Agreement.
Appears in 1 contract
Sources: Master Services Agreement
ORDERING AND PROVISION OF SERVICES. 3.1 The Customer may order services from Doodle Conxserv in accordance with the following procedure(s):-
(a) In response to a request by the Customer for Services, Doodle ▇▇▇▇▇▇▇▇ shall prepare an Order Form/quotation Form and submit this the Order Form to the Customer
(b) The Customer shall sign the Order Form and email submit it to Doodle or accept the quotation through the portalConxserv. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Doodle Conxserv for the provision of the Services specified in the Order Form and such offer shall remain open to acceptance by Doodle Conxserv for a period of 14 calendar days from the date that the Order Form is submitted to DoodleConxserv. If Doodle ▇▇▇▇▇▇▇▇ declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form as soon as is reasonably practicable thereafter.
(c) If ▇▇▇▇▇▇▇▇ agrees to accept the Order Form, ▇▇▇▇▇▇▇▇ shall send confirmation of acceptance to the Customer.
3.2 Whilst every effort shall be made to keep any Time for the delivery date for goods or services ordered, time provision of delivery shall the Services is not be of the essence and shall not be made so by the service of any notice. Doodle shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
3.3 If Doodle ▇▇▇▇▇▇▇▇ notifies the Customer that a Service is ready for installation but the Customer is not ready to accept such installation for any reason whatsoever, then Doodle Conxserv will invoice the Customer for the Fees for that Service(s). In the event that the Customer or the Customer Affiliates do not fulfil their obligations under this Agreement then (without prejudice to Doodle's Conxserv’s other rights and remedies) Doodle Conxserv will be relieved of its obligations under this Agreement and Doodle Conxserv shall not be liable for any costs, charges or losses sustained by the Customer arising directly from any failure of the Customer or the Customer Affiliates to fulfil their obligations under this Agreement. Doodle Conxserv shall also be entitled to recover any costs directly incurred by it arising from the Customer and/or the Customer Affiliates not fulfilling their obligations.
3.4 The provisions of Clause 3.3 shall apply to any re-installation of the Services or Replacement Services and the Service Commencement Date for such Services will be amended accordingly.
3.5 If the Customer agrees to enter into a Trial of a Service, then notwithstanding any other term of this Agreement, the Customer agrees that such Services shall be provided "“as is" ” without warranty of any kind during the period of the Trial. Doodle Conxserv reserves the right to cancel all Trials upon immediate notice to the Customer without penalty. Upon termination of the Trial, all Doodle's Conxserv’s obligations and liabilities in relation to the Trial will cease.
3.6 Doodle Conxserv or its agents may enter the Premises at such times and dates as agreed between the parties to inspect any Doodle related or affiliate equipment Conxserv Equipment that the Customer may have connected [to the Service]. This permission is to remain in force until Doodle Conxserv or its agents have removed all Doodle Conxserv Equipment from the Premises or the Customer has returned the Doodle Conxserv Equipment notwithstanding termination of this Agreement.
Appears in 1 contract
Sources: Master Services Agreement
ORDERING AND PROVISION OF SERVICES. 3.1 The Customer may order services from Doodle Brigantia in accordance with the following procedure(s):-
(a) In response to a request by the Customer for Services, Doodle Brigantia shall prepare an Order Form/quotation Form and submit this the Order Form to the Customer
(b) The Customer shall sign the Order Form and email submit it to Doodle or accept the quotation through the portalBrigantia. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Doodle Brigantia for the provision of the Services specified in the Order Form and such offer shall remain open to acceptance by Doodle Brigantia for a period of 14 calendar days from the date that the Order Form is submitted to DoodleBrigantia. If Doodle Brigantia declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form as soon as is reasonably practicable thereafter.
(c) If ▇▇▇▇▇▇ Brigantia agrees to accept the Order Form, ▇▇▇▇▇▇ Brigantia shall send confirmation of acceptance to the Customer.
3.2 Whilst every effort shall be made to keep any Time for the delivery date for goods or services ordered, time provision of delivery shall the Services is not be of the essence and shall not be made so by the service of any notice. Doodle shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
3.3 If Doodle Brigantia notifies the Customer that a Service is ready for installation but the Customer is not ready to accept such installation for any reason whatsoever, then Doodle Brigantia will invoice the Customer for the Fees for that Service(s). In the event that the Customer or the Customer Affiliates do not fulfil their obligations under this Agreement then (without prejudice to Doodle's Brigantia’s other rights and remedies) Doodle Brigantia will be relieved of its obligations under this Agreement and Doodle Brigantia shall not be liable for any costs, charges or losses sustained by the Customer arising directly from any failure of the Customer or the Customer Affiliates to fulfil their obligations under this Agreement. Doodle Brigantia shall also be entitled to recover any costs directly incurred by it arising from the Customer and/or the Customer Affiliates not fulfilling their obligations.
3.4 The provisions of Clause 3.3 shall apply to any re-installation of the Services or Replacement Services and the Service Commencement Date for such Services will be amended accordingly.
3.5 If the Customer agrees to enter into a Trial of a Service, then notwithstanding any other term of this Agreement, the Customer agrees that such Services shall be provided "“as is" ” without warranty of any kind during the period of the Trial. Doodle Brigantia reserves the right to cancel all Trials upon immediate notice to the Customer without penalty. Upon termination of the Trial, all Doodle's Brigantia’s obligations and liabilities in relation to the Trial will cease.
3.6 Doodle Brigantia or its agents may enter the Premises at such times and dates as agreed between the parties to inspect any Doodle related or affiliate equipment Brigantia Equipment that the Customer may have connected [to the Service]. This permission is to remain in force until Doodle Brigantia or its agents have removed all Doodle Brigantia Equipment from the Premises or the Customer has returned the Doodle Brigantia Equipment notwithstanding termination of this Agreement.
4.1 In the event that the Customer terminates a Service(s) for convenience before its’ Target Installation Date, the Customer shall be obligated to immediately pay all costs directly and indirectly (including third-party costs) incurred by Brigantia with respect to the cancelled Service. For the avoidance of doubt, this shall include all reasonable out of pocket expenses incurred both precedent and subsequent to the cancellation.
4.2 From time to time, Brigantia may find it necessary to discontinue a Service or part of a Service for a number of reasons including product enhancement, upgrade and end of life ("EOL"). When a product reaches EOL, Brigantia will notify the Customer of important milestones throughout the EOL period including the initial EOL notification, the last order date for the Service and the end of support milestone dates as well as other key information pertaining to the affected Service. Brigantia reserves the right to cancel such affected Services by giving not less than 3 months' prior written notice with such notice to be given at any time during the Service Term.
4.3 Without prejudice to its other rights and remedies under this Agreement, Brigantia may suspend its provision of the Services in the following circumstances:
(a) if, in the reasonable opinion of Brigantia, the Customer is in breach of this Agreement;
(b) Brigantia is required to do so by operation of law or a governmental authority so requires or
(c) to protect the Brigantia Equipment or the services that Brigantia provides to its other customers.
4.4 Brigantia shall provide the Customer with not less than 48 hours advance notice of its intention to suspend the Services under Clause 4.3 unless Brigantia has reasonable grounds not to do so.
Appears in 1 contract
Sources: Master Services Agreement