Common use of Handover Clause in Contracts

Handover. 1.1 The Ready For Service Date (or “RFS Date”) is deemed to be the day on which Dial Telecom informs the Subscriber that the Service is operational. 1.2 The Subscriber shall within 2 (two) Working Days after the receipt of the Hand-over Protocol deliver to Dial Telecom: a. acknowledgement and acceptance of the Service (by signing and delivering the Hand-over Protocol to Dial Telecom); or b. rejection of the Service, should the Service not be fault free (the Subscriber however shall not be entitled to reject the Service for minor defect or shortcoming which can not cause inoperability of the Service). In such case the Subscriber shall be obligated to describe the faults and the non-compliance in his notice of rejection within 2 (two) Working Days from the receipt of the Hand-over Protocol. If the Subscriber rejects the service, the time between service hand-over and reception of the notice of rejection by Dial Telecom, shall not be calculated within the sanctions for RfS non-compliance. If Dial Telecom accepts the failure notice of the Subscriber, Dial Telecom shall perform such works as are reasonably required to remedy such notified defects. Upon completion of such works Dial Telecom shall re-perform the tests and the provisions of this part 2 of the Service Level Agreement shall continue to apply repeatedly. 1.3 The date on which the Subscriber accepts the Service (or is deemed to have accepted the Service, which is the case especially, when the Subscriber in conflict with the signed treaty refuses to accept the service; in such case it is deemed the service has been accepted.) under this clause 2 is the “RFS Date”. Dial Telecom is entitled to start invoicing the Subscriber for each Service with accepted RFS Date by the Subscriber.