Common use of Services and Service Orders Clause in Contracts

Services and Service Orders. 1.1. The Parties anticipate that Customer may, at Customer’s sole discretion, subscribe to Services supplied by Masergy, using written forms or electronic documents specified by Masergy. For each of the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form” or “Sales Agreement” the term “Service Order Form” as used herein shall also include a Sales Agreement), or (ii) assent to the terms of an electronic document delivered to Customer by Masergy containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by Masergy. Each Service Order Form shall be attached to this Master Service Agreement and be identified by letters of the alphabet or numbers or a combination thereof. A Service Order Form shall be effective upon acceptance of the Service Order Form by Masergy; provided, however, that Masergy reserves the right to reject a Service Order Form without liability at any time prior to acceptance by Masergy. Masergy shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the fees set forth in any Service Order Form do not include applicable Taxes (as defined in Section 3.7), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. All correspondence between the Parties shall be in the English Language. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP (as defined in Section 1.6), the terms of use (the “Terms of Use”) and the privacy policy (the “Privacy Policy”), each of which is incorporated by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ under Policies, any applicable SLAs (as defined in Section 1.3) and any specific Service(s) documentation (a “Service Description”), available upon request. This Agreement shall supersede any and all prior agreements or understandings with respect to the Service described herein and comprises the full and final agreement of the Parties. In the event of any conflict between the various documents included in this Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Service Agreement, the SLAs, the AUP, the Terms of Use, the Privacy Policy and any Service Description.

Services and Service Orders. 1.1. The Parties anticipate that Customer may, at Customer’s sole discretion, subscribe to Services supplied by Masergy, using written forms or electronic documents specified by Masergy. For each of the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form” or “Sales Agreement” the term “Service Order Form” as used herein shall also include a Sales Agreement”), or (ii) assent to the terms of an electronic document delivered to Customer by Masergy containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by Masergy. Each Service Order Form shall be attached to this Master Service Agreement and be identified by letters of the alphabet or numbers or a combination thereof. A Service Order Form shall be effective upon acceptance of the Service Order Form by Masergy; provided, however, that Masergy reserves the right to reject a Service Order Form without liability at any time prior to acceptance by Masergy. Masergy shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the fees set forth in any Service Order Form do not include applicable Taxes (as defined in Section 3.7), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. All correspondence between the Parties shall be in the English Language. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP (as defined in Section 1.6), the terms of use (the “Terms of Use”) and the privacy policy (the “Privacy Policy”), each of which is incorporated by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ under Policies, any applicable SLAs SLA (as defined in Section 1.3) and any specific Service(s) documentation (a “Service Description”), available upon request. This Agreement shall supersede any and all prior agreements or understandings with respect to the Service described herein and comprises the full and final agreement of the Parties. In the event of any conflict between the various documents included in this Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Service Agreement, the SLAsSLA, the AUP, the Terms of Use, the Privacy Policy and any Service Description. 1.2. If a Service Order Form is accepted by Masergy, Masergy agrees to provide the Services in accordance with this Agreement. In addition to its Affiliates or subsidiaries, Masergy may use contractors in providing the Services or otherwise use third parties (such parties while under Masergy’s control referred to herein as “Contractors”), provided that billing for any such Services will be provided by Masergy or an Affiliate or subsidiary of Masergy. Notwithstanding anything to the contrary, Masergy shall: (a) be responsible for ensuring that the Services conform to all applicable terms of this Agreement; and (b) have in place legally binding agreements with such Contractors sufficient to enable Masergy to comply with its obligations under this Agreement (including without limitation, its confidentiality obligations). Notwithstanding the foregoing, Masergy shall have no liability for the failure of the Internet, local loops, or other circuits or connections not provided by Masergy. 1.3. Upon Customer’s request, Masergy shall provide Customer with Service credits in accordance with the then-current service level agreement (“SLA”), which are incorporated herein by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, under Solutions. Masergy reserves the right to amend the SLA, from time to time, effective upon posting of the revised SLA at its web site or by other notice delivered to Customer by Masergy using contact information most recently provided to Masergy by Customer. Outages attributable to Customer ordered local access circuits (circuits not under Masergy’s control) shall not be included in the calculation of Service unavailability. In the event of an outage that Masergy determines is attributable to a Customer ordered local access circuit (circuits not under Masergy’s control), such outage will be referred back to the Customer. 1.4. Masergy may substitute, change, or rearrange any equipment, facility or system used in providing Services from time to time, but shall not thereby alter the technical parameters of the Services provided in any adverse material manner. Customer agrees to cooperate in the event that Masergy determines that it is necessary to change a third party service provider.

Services and Service Orders. 1.1. The Parties anticipate that Customer may, at Customer’s sole discretion, subscribe to Services supplied by Masergy, using written forms or electronic documents specified by Masergy. For each of the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form” or “Sales Agreement” the term “Service Order Form” as used herein shall also include a Sales Agreement), or (ii) assent to the terms of an electronic document delivered to Customer by Masergy containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by Masergy. Each Service Order Form shall be attached to this Master Service Agreement and be identified by letters of the alphabet or numbers or a combination thereof. A Service Order Form shall be effective upon acceptance of the Service Order Form by Masergy; provided, however, that Masergy reserves the right to reject a Service Order Form without liability at any time prior to acceptance by Masergy. Masergy shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the fees set forth in any Service Order Form do not include applicable Taxes (as defined in Section 3.7), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. All correspondence between the Parties shall be in the English Language. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP (as defined in Section 1.6), the terms of use (the “Terms of Use”) and the privacy policy (the “Privacy Policy”), each of which is incorporated by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ under Policiesreference, any applicable SLAs (as defined in Section 1.3) and any specific Service(s) documentation (a “Service Description”), available upon request. This Agreement shall supersede any and all prior agreements or understandings with respect to the Service described herein and comprises the full and final agreement of the Parties. In the event of any conflict between the various documents included in this Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Service Agreement, the SLAs, the AUP, the Terms of Use, the Privacy Policy and any Service Description.

Services and Service Orders. 1.1. The Parties anticipate that Customer may, at Customer’s sole discretion, subscribe to Services supplied by Masergy, using written forms or electronic documents specified by Masergy. For each of the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form” or “Sales Agreement” the term “Service Order Form” as used herein shall also include a Sales Agreement), or (ii) assent to the terms of an electronic document delivered to Customer by Masergy containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by Masergy. Each Service Order Form shall be attached to this Master Service Agreement and be identified by letters of the alphabet or numbers or a combination thereof. A Service Order Form shall be effective upon acceptance of the Service Order Form by Masergy; provided, however, that Masergy reserves the right to reject a Service Order Form without liability at any time prior to acceptance by Masergy. Masergy shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the fees set forth in any Service Order Form do not include applicable Taxes (as defined in Section 3.7), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. All correspondence between the Parties shall be in the English Language. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP (as defined in Section 1.6), the terms of use (the “Terms of Use”) and the privacy policy (the “Privacy Policy”), each of which is incorporated by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ under Policiesreference, any applicable SLAs (as defined in Section 1.3) and any specific Service(s) documentation (a “Service Description”), available upon request. This Agreement shall supersede any and all prior agreements or understandings with respect to the Service described herein and comprises the full and final agreement of the Parties. In the event of any conflict between the various documents included in this Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Service Agreement, the SLAs, the AUP, the Terms of Use, the Privacy Policy and any Service Description.

Services and Service Orders. 1.1. The Parties anticipate that Customer may, at Customer’s sole discretion, subscribe to Services supplied by MasergyMASERGY, using written forms or electronic documents specified by MasergyMASERGY. For each of the specific Services to which Customer subscribes, Customer will (i) execute an attachment to this Master Service Agreement describing the Services in detail and setting forth the price, minimum duration of Service, and any Service-specific terms and conditions (hereinafter a “Service Order Form” or “Sales Agreement” the term “Service Order Form” as used herein shall also include a Sales Agreement”), or (ii) assent to the terms of an electronic document delivered to Customer by Masergy MASERGY containing information set forth in the Service Order Form. Customer consents to the use of electronic documents and records in connection with the performance of this Master Service Agreement and delivery of the Services by MasergyMASERGY. Each Service Order Form shall be attached to this Master Service Agreement and be identified by consecutive letters of the alphabet or numbers or a combination thereofnumbers. A Service Order Form shall be effective upon acceptance execution of the Service Order Form by Masergyboth Parties; provided, however, that Masergy MASERGY reserves the right to reject a Service Order Form without liability at any time prior to acceptance by MasergyMASERGY. Masergy MASERGY shall accept a Service Order Form: (a) in writing by execution of the Service Order Form; (b) by taking any action to install the Service in reliance upon the Service Order Form; or (c) by delivery of Service. Unless otherwise specified, the fees set forth in any Service Order Form do does not include applicable Taxes (as defined in Section 3.73.6), duties, or similar fees that may be imposed by any government. No term or condition hereof shall be modified except by written agreement of both Parties. All correspondence between the Parties shall be in the English Language. As used in this document, the word “Agreement” shall apply to all promises, terms and conditions of the Parties contained in this Master Service Agreement, any Service Order Form(s), the AUP (as defined in Section 1.6)AUP, the terms of use (the “Terms of Use”) Service, the Privacy Policy and the privacy policy (the “Privacy Policy”), each of which is incorporated by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ under Policies, any applicable SLAs (as each is defined in Section 1.3) and any specific Service(s) documentation (a “Service Description”or identified herein), available upon request. This The Agreement shall supersede any and all prior agreements or understandings with respect to the Service described herein therein and comprises comprise the full and final agreement of the Parties. In the event of any conflict between the various documents included in this the Agreement, the provisions of the Service Order Form shall in all respects govern and control, followed by, in order, the provisions of this Master Service Services Agreement, the SLAsSLA, the AUP, the Terms of UseService, and the Privacy Policy (as those terms are defined herein). 1.2. If a Service Order Form is accepted by MASERGY, MASERGY agrees to provide the Service in accordance with this Agreement. MASERGY may use contractors in providing the Services and otherwise use third parties, including, without limitation, affiliates of MASERGY, and assign rights to ▇▇▇▇ and collect fees due under this Agreement. 1.3. Upon Customer’s request, MASERGY shall provide Customer with service credits in accordance with the then-current Service Level Agreements (“SLAs”), which are incorporated herein by reference and available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, under Solutions. MASERGY reserves the right to amend the SLAs, from time to time, effective upon posting of the revised SLAs at its web site or by other notice delivered to Customer by MASERGY using contact information most recently provided to MASERGY by Customer. Outages attributable to Customer-ordered local access circuits shall not be included in the calculation of Service unavailability. In the event of an outage that MASERGY determines is attributable to the Customer-ordered local access circuit, such outage will be referred back to the Customer. 1.4. MASERGY may substitute, change, or rearrange any Service Descriptionequipment, facility, or system used in providing Services from time to time but shall not thereby alter the technical parameters of the Services provided in any adverse material manner.