TransGas Comprehensive Tariff
Article 1 Electronic Business Service 1.1) TransGas offers an electronic transaction and information service to Customers known as Electronic Business Services (the “Services”) enabling interactive information and transaction processing to facilitate the conduct of business, all which is subject to the terms and conditions of this Service Specification, and the Tariff. 1.2) TransGas has developed a secure area on its web site (the “Secure Zone”) that contains certain account information that Customer may wish to access and use over the Internet, and Customer agrees to bind itself to these terms and conditions of such access and use. 1.3) The Electronic Business Services, information and transactions offered to the Customer through the Secure Zone (including additional web page specific disclaimer or terms) may be subject to external specific agreements or other terms and conditions associated with such services (the “Specific Agreements”). If there are inconsistencies between the terms and conditions contained in these Electronic Business terms and conditions and the Specific Agreements, the provisions of the Specific Agreements shall govern to the extent of the inconsistency. Article 2 Electronic Evidence 2.1) Customer agrees that approving, agreeing to or effecting a transaction with TransGas within the Secure Zone as it now exists, or may in the future be modified, is subject to the Tariff, and shall constitute or be equivalent to a written contract for the purposes of any statute or rule of law that requires an agreement in writing, signed or delivered (the “Transaction”). By submitting a completed Application for Electronic Business Service form, Customer agrees that it adopts any confirmation of a Transaction as provided by TransGas as Customer’s signature, and such confirmation will constitute an agreement in writing. 2.2) Customer agrees to waive the right to raise any statute of fraud or defense arising from its use of the Electronic Business Services on the Secure Zone due to the enforceability of any Transaction based upon an absence of a memorandum in writing or of a signature. TransGas’ records of your electronic Transactions will be conclusive and binding on Customer in any disputes, including legal proceedings, as the best evidence of Customer’s electronic instructions, in the absence of clear proof that TransGas’ records are wrong or incomplete. 2.3) Customer agrees and warrants that any employee or agent of Customer using the Electronic Business Services on the Secure Zone shall have all necessary power and authority to use the Secure Zone and effect Transactions provided herein. In addition, Customer warrants for itself, its successors and assigns that for each Transaction that Customer may enter as a result of using the Secure Zone, Customer shall have all rights, title, power and authority necessary to honour the said Transaction.
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Service Specifications 3.5 Electronic Business
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