Laserfiche WebLink
Customers receipt of an invoice therefore from TNS: Services to Customer's authorized users and shall <br /> (i)any disconnection,early cancellation,termination maintain a procedure external to the Services for <br /> or other charges paid by TNS to third parties which reconstruction of lost or altered files,data or <br /> arise as a result of such cancellation or termination, programs. <br /> (ii)the unsatisfied portion of any minimum <br /> commitments contained in this Agreement,and (iii) (e) Customer agrees to reimburse TNS for <br /> an amount equal to all recurring charges specified in reasonable documented out-of-pocket costs incurred <br /> this Agreement which would have become due and by TNS for any equipment or services ordered by <br /> payable by Customer to TNS for the balance of the Customer but canceled before installation,for <br /> then current term if such cancellation or termination changes in delivery instructions,or for the relocation <br /> had not occurred. of TNS equipment at Customer's request. <br /> 5. Customer Responsibilities. (f) Any equipment provided by TNS in <br /> connection with the Services("TNS Equipment")is <br /> (a) Customer shall comply with all applicable and shall remain the property of TNS and will be <br /> laws,regulations,and TNS policies when using the used in conjunction solely with the TNS network. <br /> Services. Customer is solely responsible for the Customer agrees that it will not pledge,loan, <br /> credit card information transmitted by Customer mortgage,or attempt in any other manner to dispose <br /> using the Services, and shall defend, indemnify,and of the TNS Equipment or to suffer any liens, <br /> hold harmless TNS(as defined in Paragraph 7(b)) encumbrances,or legal process to be incurred or <br /> from and against all liabilities and costs(including levied on the TNS Equipment. Customer shall not <br /> reasonable attorney's fees)arising from any and all remove any TNS Equipment from the site where such <br /> claims by any person based upon the content of any equipment is installed without the prior written <br /> such credit card information. consent of TNS. Customer shall bear the entire risk <br /> of loss and damage to the TNS Equipment for any <br /> (b) Customer shall ensure that all Customer- cause that is not the fault of TNS. In the event of loss <br /> provided equipment that connects to the Services will or damage of any kind to the TNS Equipment for <br /> perform according to published technical which Customer bears the risk, Customer shall pay <br /> specifications for such equipment and TNS' interface TNS the costs to repair or replace the TNS <br /> specifications. Customer shall be responsible for the Equipment,whichever is less. <br /> use and compatibility of equipment or software not <br /> provided by TNS. This Agreement does not include (g) Customer will use all TNS Equipment in a <br /> the provision,maintenance or repair by TNS of careful and appropriate manner and shall be <br /> Customer-provided equipment or software,including, responsible for the physical security of all TNS <br /> but not limited to,terminals,Customer's host Equipment as required by the Payment Card Industry <br /> computer and other non-TNS equipment or products. Data Security Standard. TNS will maintain all TNS <br /> Equipment located at Customer's premises on a <br /> (c) Customer is not permitted to resell, lease, replacement basis. TNS will make its commercially <br /> sublicense or otherwise transfer all or any portion of reasonable efforts to repair or replace any failed TNS <br /> the Services. If Customer permits third parties to Equipment as expeditiously as possible. Specific <br /> access the Services,Customer shall defend, maintenance schedules and service level agreements, <br /> indemnify and hold harmless TNS(as defined in if any,are provided in the appendices. <br /> Paragraph 7(b))from and against all liabilities and <br /> costs(including reasonable attorney's fees)arising (h) Customer agrees to provide TNS any <br /> from any and all claims by any such third party in assistance or cooperation it may reasonably request <br /> connection with the Services,regardless of the form related to the Services. Customer also agrees to <br /> of action,whether in contract,tort(including TNS' permit reasonable access to any Customer site by <br /> active or passive negligence),warranty,or strict TNS employees or agents during normal business <br /> liability. hours for the installation, servicing or removal of <br /> TNS equipment. Notwithstanding the foregoing, <br /> (d) Customer shall use the Services only for Customer agrees that TNS employees or agents shall <br /> lawful purposes as well as in accordance with the have immediate access to any Customer site where <br /> terms and conditions set forth in the Attachments to TNS Equipment is located in the event of an <br /> this Agreement and in the documentation,manuals emergency. TNS agrees that all such TNS <br /> and policies provided by TNS. To the extent deemed employees or agents shall abide by Customer's rules <br /> necessary by Customer,Customer shall implement and procedures,provided to TNS in writing,while on <br /> security procedures necessary to limit access to the Customer's premises. <br /> 3 <br />