Common use of Operational Terms and Conditions Clause in Contracts

Operational Terms and Conditions. 4.1 You shall be responsible for: 4.1.1 providing ready access to our authorised personnel to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 providing your own cross-connects to connect the ME Service to your equipment,as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME Service, unless otherwise agreed in writing with us; 4.1.8 ensuring that any terms and conditions of use of the ME Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 We shall be responsible for the maintenance of the ME Service pursuant to an Order in between the demarcation location. 4.3 Either Party detecting a Fault in the ME Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Form. 4.4 You acknowledge and agree that the technical means by which we supply the ME Service is entirely at our sole discretion. 4.5 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 3 contracts

Samples: Metro Ethernet Service Agreement, Metro Ethernet Service Agreement, Metro Ethernet Service Agreement

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Operational Terms and Conditions. 4.1 You 5.1 In the event that the IoT Connectivity Services are installed in your premises, you shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel ready access to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME Service IoT Connectivity Services pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME ServiceIoT Connectivity Services; 4.1.3 providing your own cross-connects to connect the ME Service to your equipment,as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.3 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 5.1.4 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME ServiceIoT Connectivity Services, unless otherwise agreed in writing with us; 4.1.8 5.1.5 ensuring that any terms and conditions of use of the ME Service IoT Connectivity Services are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 5.2 You shall not tamper, modify, damage and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the IoT Connectivity Service. You shall not be eligible for any Service Credit Rebate if you breach this Clause 5.2 and shall be liable for all costs incurred to replace any damaged and/or missing equipment. 5.3 We shall be responsible for the maintenance of the ME Service IoT Services pursuant to an Order in between from our core network infrastructure to the demarcation locationlocations. 4.3 5.4 Either Party detecting a Fault in the ME Service or any Party’s cross-connects IoT Services shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formour customer portal. 4.4 5.5 You acknowledge and agree that the technical means by which we supply the ME IoT Service is entirely at our sole discretion. 4.5 5.6 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service IoT Services pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to. 5.7 You are entitled to grant the right on access to the Service to your employees, clients and partners or any other individuals but only on the basis set forth herein. You shall bear all responsibilities for the consequences arising from the access to Service provided by you to your employees, clients, partners or other third parties. 5.8 You acknowledge and agree that it is your responsibility to backup all data whilst using the Service. 5.9 Upon termination of the Service by either party, you shall be deemed to have fully backed up all your data. Notwithstanding the foregoing, SPTel shall not be responsible for any loss of data under any circumstance.

Appears in 1 contract

Samples: Iot as a Service Agreement

Operational Terms and Conditions. 4.1 You shall be responsible for: 4.1.1 patching and maintenance of your cross-connects from our demarcation location to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.2 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the DCI Service, unless otherwise agreed in writing with us; 4.1.3 ensuring that any terms and conditions of use of the DCI Service are brought to the attention of, and complied with by, any person that you permit or allow to use the DCI Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.1.4 providing ready access to our authorised personnel ready access to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME DCI Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 4.1.5 providing your own cross-connects to connect the ME Service from our demarcation location to your equipment,equipment as specified in the Application Form to which such Order relates, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates;equipment; and 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 4.1.6 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME Service, unless otherwise agreed in writing with us; 4.1.8 ensuring that any terms and conditions of use of the ME Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 You acknowledge and agree that the technical means by which we supply the DCI Service is entirely at our sole discretion. 4.3 We shall be responsible for the maintenance of the ME DCI Service pursuant to an Order in between the demarcation locationOrder. 4.3 4.4 Either Party detecting a Fault in the ME DCI Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided are as listed in our service handover documentthis Specific Terms. Your contact details shall be set out in the Application Form. 4.4 4.5 You acknowledge and agree that the technical means by which we supply the ME DCI Service is entirely at our sole discretion. 4.5 4.6 We shall be entitled to conduct such audits and tests, at our cost, on the ME DCI Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Data Centre Interconnect Service Agreement

Operational Terms and Conditions. 4.1 5.1 You shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel to your premises and associated facilities as well as complying with any requirements imposed by the relevant building management body for the purposes of installation, management, configuration and repair of the ME IPVPN Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME IPVPN Service; 4.1.3 5.1.3 providing your own cross-connects to connect the ME IPVPN Service to your equipment,, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.4 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 5.1.5 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connectionsequipment; 4.1.7 5.1.6 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME IPVPN Service, unless otherwise agreed in writing with us; 4.1.8 5.1.7 ensuring that any terms and conditions of use of the ME IPVPN Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME IPVPN Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 5.2 You shall not tamper, modify, damage and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the IPVPN Service. You shall not be eligible for any Service Credit Rebate if you breach this Clause 5.2 and shall be liable for all costs incurred to replace any damaged and/or missing equipment. 5.3 We shall be responsible for the maintenance of the ME IPVPN Service pursuant to an Order in between the demarcation location. 4.3 5.4 Either Party detecting a Fault in the ME IPVPN Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formcustomer portal. 4.4 5.5 You acknowledge and agree that the technical means by which we supply the ME IPVPN Service is entirely at our sole discretion. 4.5 5.6 We shall be entitled to conduct such audits and tests, at our cost, on the ME IPVPN Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Ipvpn Service Agreement

Operational Terms and Conditions. 4.1 6.1 You shall be responsible for: 4.1.1 providing ready 6.1.1 patching and maintenance of your cross-connects from our demarcation location to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 6.1.2 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the Dark Fibre Service, unless otherwise agreed in writing with us; 6.1.3 ensuring that any terms and conditions of use of the Dark Fibre Service are brought to the attention of, and complied with by, any person that you permit or allow to use the Dark Fibre Service, and you shall indemnify us against any and all claims from such persons arising from the said use; 6.1.4 obtaining the necessary clearance for our staff to gain access to the fibre fault location and its associated facilities for the purpose of Fault resolution. If the initial repairs in respect of any Fault are temporary in nature, you shall work with us to schedule a time to make permanent repairs in respect of such Fault. 6.1.5 providing our authorised personnel ready access to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME Dark Fibre Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 6.1.6 providing your own cross-connects to connect the ME Service from our demarcation location to your equipment,equipment as specified in the Application Form to which such Order relates, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates;equipment; and 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 6.1.7 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME Service, unless otherwise agreed in writing with us; 4.1.8 ensuring that any terms and conditions of use of the ME Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 6.2 You acknowledge and agree that the technical means by which we supply the Dark Fibre Service is entirely at our sole discretion 6.3 We shall be responsible for the maintenance of the ME Dark Fibre Service pursuant to an Order in between the demarcation locationOrder. 4.3 6.4 Either Party detecting a Fault in the ME Dark Fibre Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided are as listed in our service handover documentthis Specific Terms. Your contact details shall be set out in the Application Form. 4.4 6.5 You acknowledge and agree that the technical means by which we supply the ME Dark Fibre Service is entirely at our sole discretion. 4.5 6.6 We shall be entitled to conduct such audits and tests, at our cost, on the ME Dark Fibre Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Dark Fibre Service Agreement

Operational Terms and Conditions. 4.1 5.1 You shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel to your premises and associated facilities as well as complying with any requirements imposed by the relevant building management body for the purposes of installation, management, configuration and repair of the ME Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 5.1.3 providing all internal wiring and sockets within your premises according to the relevant regulatory authorities and our specifications and guidelines required for the purposes of the installation of the Service. 5.1.4 providing your own cross-connects to connect the ME Service to your equipment,, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form location to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.5 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 5.1.6 patching and maintenance of its your cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connectionsequipment; 4.1.7 5.1.7 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME Service, unless otherwise agreed in writing with us; 4.1.8 5.1.8 ensuring that any terms and conditions of use of the ME Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 5.2 You shall not tamper, modify, damage and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the Service. You shall not be eligible for any Service Credit Rebate if you breach this Clause 5.2 and shall be liable for all costs incurred to replace any damaged and/or missing equipment. 5.3 Any IP addresses allocated by us to you in connection with the Service will remain the sole property and you will have no right or title thereto. We reserve the right to withdraw or change any of such IP addresses at any time. 5.4 We shall be responsible for the maintenance of the ME Service pursuant to an Order in between up to the demarcation location. 4.3 5.5 Either Party detecting a Fault in the ME Service or any Party’s 's cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formcustomer portal. 4.4 5.6 We may, in our absolute discretion and without notice to you, trigger a black hole if necessary to prevent any harm or imminent harm (such as interruption, disruption, congestion, signal leakage and/or any unauthorised action) to our network or the networks of third parties. 5.7 You acknowledge and agree that the technical means by which we supply the ME Service is entirely at our sole discretion. 4.5 5.8 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Specific Terms for Internet Services

Operational Terms and Conditions. 4.1 You 5.1 In the event that you subscribed Managed LoRaWAN Gateway scheme where IoT Edge are installed in your designated premises, you shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel ready access to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME Service IoT Edge pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including always-on power supply for our equipment associated to the ME ServiceIoT Edge; 4.1.3 providing your own cross-connects to connect the ME Service to your equipment,as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.3 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 5.1.4 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME ServiceIoT Edge, unless otherwise agreed in writing with us; 4.1.8 5.1.5 ensuring that any terms and conditions of use of the ME Service IoT Edge are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 5.2 You shall not tamper, modify, damage, relocate and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the IoT Edge. 5.3 You shall promptly notifying us in writing of any damage to, or loss, theft or destruction of the CPE. You shall be responsible for and shall indemnify us against any and all costs and expenses incurred by us in making good or replacing the damaged, lost, stolen or destroyed CPE except where such costs and expenses arises due to our fraudulent actions, gross negligence and/or wilful misconduct. 5.4 We shall be responsible for the maintenance of the ME Service IoT Services pursuant to an Order in between from our core network infrastructure to the demarcation locationlocations. 4.3 5.5 Either Party detecting a Fault in the ME Service or any Party’s cross-connects IoT Services shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formour customer portal. 4.4 5.6 You acknowledge and agree that the technical means by which we supply the ME IoT Service is entirely at our sole discretion. 4.5 5.7 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service IoT Services pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to. 5.8 You are entitled to grant the right on access to the Service to your employees, clients and partners or any other individuals but only on the basis set forth herein. You shall bear all responsibilities for the consequences arising from the access to Service provided by you to your employees, clients, partners or other third parties. 5.9 You acknowledge and agree that it is your responsibility to backup all data whilst using the Service. 5.10 You agree that you shall completely erase and destroy all data upon termination of the Service. You shall be deemed to have fully backed up all data upon termination of Service. We shall not in any way be responsible for any loss of data.

Appears in 1 contract

Samples: Iot as a Service Agreement

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Operational Terms and Conditions. 4.1 5.1 You shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel to your premises and associated facilities as well as complying with any requirements imposed by the relevant building management body for the purposes of installation, management, configuration and repair of the ME Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 5.1.3 providing your own cross-connects to connect the ME Service to your equipment,, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.4 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 5.1.5 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connectionsequipment; 4.1.7 5.1.6 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME Service, unless otherwise agreed in writing with us; 4.1.8 5.1.7 ensuring that any terms and conditions of use of the ME Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 5.2 You shall not tamper, modify, damage and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the ME Service. You shall not be eligible for any Service Credit Rebate if you breach this Clause 5.2 and shall be liable for all costs incurred to replace any damaged and/or missing equipment. 5.3 We shall be responsible for the maintenance of the ME Service pursuant to an Order in between the demarcation locationlocations. 4.3 5.4 Either Party detecting a Fault in the ME Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formcustomer portal. 4.4 5.5 You acknowledge and agree that the technical means by which we supply the ME Service is entirely at our sole discretion. 4.5 5.6 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Metro Ethernet Service Agreement

Operational Terms and Conditions. 4.1 You 5.1 In the event that you subscribed Managed LoRaWAN Gateway scheme where IoT Connectivity are installed in your designated premises, you shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel ready access to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME Service IoT Connectivity pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including always-on power supply for our equipment associated to the ME ServiceIoT Connectivity; 4.1.3 providing your own cross-connects to connect the ME Service to your equipment,as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.3 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 5.1.4 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME ServiceIoT Connectivity, unless otherwise agreed in writing with us; 4.1.8 5.1.5 ensuring that any terms and conditions of use of the ME Service IoT Connectivity are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 We 5.1.6 maintaining the CPE in accordance with the guidelines, instructions or specifications provided to you. You shall bear any and all repair and replacement costs of the CPE (excluding normal wear and tear) except where such costs and expenses arises due to the fraudulent actions, gross negligence and/or wilful misconduct on the part of SPTel. The CPE replacement costs where applicable shall be based on the prevailing market rate of the CPE. 5.2 You shall not tamper, modify, damage, relocate and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the IoT Connectivity. 5.3 You shall promptly notifying us in writing of any damage to, or loss, theft or destruction of the CPE. You shall be responsible for and shall indemnify us against any and all costs and expenses incurred by us in making good or replacing the maintenance of the ME Service pursuant damaged, lost, stolen or destroyed CPE except where such costs and expenses arises due to an Order in between the demarcation locationour fraudulent actions, gross negligence and/or wilful misconduct. 4.3 5.4 Either Party detecting a Fault in the ME Service or any Party’s cross-connects IoT Services shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formour customer portal. 4.4 5.5 You acknowledge and agree that the technical means by which we supply the ME IoT Service is entirely at our sole discretion. 4.5 5.6 We shall be responsible for: 5.6.1 the provision of the IoT Services and maintenance of the IoT Services pursuant to an Order up to the demarcation location; 6.2.1 any activity (including operation, maintenance and management) up to the demarcation location; and 6.2.2 taking all reasonable steps to prevent interruptions or unavailability to the Services. 6.3 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service IoT Services pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to. 6.4 You are entitled to grant the right on access to the Service to your employees, clients and partners or any other individuals but only on the basis set forth herein. You shall bear all responsibilities for the consequences arising from the access to Service provided by you to your employees, clients, partners or other third parties. 6.5 You acknowledge and agree that it is your responsibility to backup all data whilst using the Service. 6.6 You agree that you shall completely erase and destroy all data upon termination of the Service. You shall be deemed to have fully backed up all data upon termination of Service. We shall not in any way be responsible for any loss of data.

Appears in 1 contract

Samples: Iot as a Service Agreement

Operational Terms and Conditions. 4.1 5.1 You shall be responsible for: 4.1.1 5.1.1 patching and maintenance of your cross-connects from our demarcation location to your equipment; 5.1.2 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the DCI Service, unless otherwise agreed in writing with us; 5.1.3 ensuring that any terms and conditions of use of the DCI Service are brought to the attention of, and complied with by, any person that you permit or allow to use the DCI Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 5.1.4 providing ready access to our authorised personnel ready access to your premises and associated facilities for the purposes of installation, management, configuration and repair of the ME DCI Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 5.1.5 providing your own cross-connects to connect the ME Service from our demarcation location to your equipment,equipment as specified in the Order to which such Order relates, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates;equipment; and 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.6 any activity (including operation, maintenance and management) beyond our demarcation location;. 4.1.6 patching and maintenance of its cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connections; 4.1.7 procuring and maintaining5.2 You shall not tamper, at your own expensemodify, all and damage and/or remove any equipment or software you need to implement and use the ME Servicethat may cause interruption, unless otherwise agreed in writing with us; 4.1.8 ensuring that any terms and conditions of use of the ME Service are brought disruption, instability and/or congestion to the attention of, DCI Service. You shall not be eligible for any Service Credit Rebate if you breach this Clause 5.2 and complied with by, shall be liable for all costs incurred to replace any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said usedamaged and/or missing equipment. 4.2 5.3 We shall be responsible for the maintenance of the ME DCI Service pursuant to an Order in between the demarcation locationOrder. 4.3 5.4 Either Party detecting a Fault in the ME DCI Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided are as listed in our service handover documentthis Specific Terms. Your contact details shall be set out in the Application Formcustomer portal. 4.4 5.5 You acknowledge and agree that the technical means by which we supply the ME DCI Service is entirely at our sole discretion. 4.5 5.6 We shall be entitled to conduct such audits and tests, at our cost, on the ME DCI Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Data Centre Interconnect Service Agreement

Operational Terms and Conditions. 4.1 5.1 You shall be responsible for: 4.1.1 5.1.1 providing ready access to our authorised personnel to your premises and associated facilities as well as complying with any requirements imposed by the relevant building management body for the purposes of installation, management, configuration configuration, and repair of the ME Service pursuant to an Order at such times as may be reasonably requested by us. Any failure to provide such access promptly or any, in our opinion, undue obstruction of any of our personnel, shall not constitute a material breach on our part of the relevant Order; 4.1.2 5.1.2 providing at your own cost, suitable space and appropriate conditions including power supply for our equipment associated to the ME Service; 4.1.3 5.1.3 providing your own cross-connects to connect the ME Service to your equipment,, as well as all media converters, other active electronics, power supplies and ongoing maintenance, operation and management of such equipment that are beyond the demarcation locations as specified in the Application Form to which such Order relates; 4.1.4 not tampering, modifying, damaging, removing and equipment that may cause interruption, disruption, instability, congestion to the ME Service. In such event, you will be in material breach of the Order and will not be eligible for any Service Credit Rebate and may also be liable for the cost to replace any damaged equipment; 4.1.5 5.1.4 any activity (including operation, maintenance and management) beyond our demarcation location; 4.1.6 5.1.5 patching and maintenance of its your cross-connects from our demarcation to your equipment in accordance to standard IEC 00000-0-00 for fibre-optic connectionsequipment; 4.1.7 5.1.6 procuring and maintaining, at your own expense, all and any equipment or software you need to implement and use the ME Service, unless otherwise agreed in writing with us; 4.1.8 5.1.7 ensuring your installation address is ready otherwise you are advised not to submit the order. We shall not be responsible for any failure or delay in the provisioning of the service if your installation address not ready. 5.1.8 ensuring that any terms and conditions of use of the ME Service are brought to the attention of, and complied with by, any person that you permit or allow to use the ME Service, and you shall indemnify us against any and all claims from such persons arising from the said use. 4.2 5.2 You shall not tamper, modify, damage and/or remove any equipment that may cause interruption, disruption, instability and/or congestion to the ME Service. You shall not be eligible for any Service Credit Rebate if you breach this Clause 5.2 and shall be liable for all costs incurred to replace any damaged and/or missing equipment. 5.3 We shall be responsible for the maintenance of the ME Service pursuant to an Order in between the demarcation locationlocations. 4.3 5.4 Either Party detecting a Fault in the ME Service or any Party’s cross-connects shall notify the other Party as soon as reasonably possible. Our contact details will be provided in our service handover document. Your contact details shall be set out in the Application Formcustomer portal. 4.4 5.5 You acknowledge and agree that the technical means by which we supply the ME Service is entirely at our sole discretion. 4.5 5.6 We reserve the right to cancel the order after 30 working days if we do not receive any response from you or you keep delaying or postponing our installation appointment(s) for the service. Cancellation or termination charge will be applicable dependent on what works done (eg. fibre, termination point, demarcation device or ONT). 5.7 We shall be entitled to conduct such audits and tests, at our cost, on the ME Service pursuant to an Order on such dates and times as shall be agreed between the Parties (which you shall not unreasonably withhold or delay), for the purpose of ensuring that the terms of this Specific Terms and the Order are strictly adhered to.

Appears in 1 contract

Samples: Metro Ethernet Service Agreement

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