BEE123 warrants in relation to the Services that BEE123:
• will possess and have the right to use knowledge and expertise sufficient to enable BEE123 to provide the Services and is committed to meeting professional standards in delivering the Services;
• employs suitably trained personnel to provide the Services and to achieve the service levels; and
• provides the Services according to all applicable laws, enactments, and regulations.
The BEE123 Portal is subject to the warranties provided in this agreement. BEE123 provides the software on an 'as is' and 'as available' basis.
BEE123 further warrants that it:
• has the legal right and full power and authority to execute and deliver, and to exercise its rights and perform its obligations under the agreement; and
• its personnel will not knowingly or intentionally introduce any malicious software into Client's systems or materials.
BEE123 may provide further specific warranties in the relevant proposal. Client acknowledges that no oral or written communications by or on behalf of BEE123 will create a warranty or in any way increase the scope of the undertakings set out in this agreement.
Any warranty BEE123 has provided in this agreement will not apply if the problem with the Services:
• does not significantly affect its main functions or service levels; or
• if it was caused or exacerbated by Client's use of the Services other than in accordance with this agreement.
Client warrants that:
• it has not been induced to enter into the agreement by any prior representations, warranties or guarantees (whether oral or in writing), except as expressly contained in the agreement;
• it has obtained all necessary user licences in advance;
• it will comply with applicable law;
• by accepting a proposal, it is not acting in breach of any agreement to which it is a party; and
• it provides accurate and lawful information to BEE123 for it to provide the Services.
Client agrees to indemnify, defend, and hold BEE123 harmless (and those related to BEE123 and its personnel, co-branders or other partners) from and against any claim for any loss or damage by any third party as a result of:
• the breach of these warranties, including all legal costs. If permissible under applicable law, legal costs will be on an attorney and own client basis; and
• Client's use of the Services or BEE123 Portal, or any implementation, advice or consulting provided by or on behalf of BEE123;
unless such loss or damage was a direct result of BEE123's gross negligence or wilful misconduct.
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