Provision of Services and Equipment a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer.
b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control.
c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services.
d. Only authorized agents and representatives of Frrontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s option.
e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by Customer. Customer will reimburse Frontier for all costs incurred for installation, maintenance...
Provision of Services and Equipment. 2.1 We will provide you with the Services nominated, or reasonably assumed to be nominated by you in your Application based on the terms of this SFOA.
2.2 We will provide you with the Equipment nominated, or reasonably assumed to be nominated, by you (if any) in your Application and other Equipment that we may agree in writing to provide to you on the terms of this SFOA.
2.3 Equipment, Maintenance and Software are only available to you if you nominate Voice Services, Data & Internet services, Mobile Services, or any other Services in your Application as a Package.
2.4 From time to time, we may vary a term of this SFOA (and, for the avoidance of doubt, any document forming part of this SFOA in accordance with clause 1.3.3) in accordance with the following:
2.4.1 Where the variation is likely to benefit or have a neutral or minor detrimental impact on you, the variation will take effect upon us giving written notice to you;
2.4.2 Where we acquire a carriage service from a third party for resale to you and variations to this SFOA are required because of an amendment made by our third party supplier to the contract between us and our third party supplier, we will provide you with written notice explaining the variation and its effect. You may terminate your Agreement within 60 days of the date of the receiving our written notice by providing us written notice and finalising payment to us for:
a) Usage or network access charges incurred up to the date of termination; and
b) All outstanding amounts in a lump sum for any Plan, Services or Equipment which you have not fully paid for at the date of termination, and any outstanding amounts that cover installation costs unless such Plan, Services or Equipment is not compatible with other suppliers’ services;
2.4.3 Where the variation has a more than minor detrimental impact on you, we will provide you with at least 21 days notice and you may terminate Your Agreement within 60 days of the date of the notice by giving us written notice and paying us:
a) Usage or network access charges incurred up to the date of termination; and
b) All outstanding amounts in a lump sum for any Plan, Services or Equipment which you have not fully paid for at the date of termination and any outstanding amounts that cover installation costs unless such Plan or Equipment is not compatible with other suppliers’ services.
Provision of Services and Equipment. 2.1 We will provide you with the Services nominated, or reasonably assumed to be nominated by you in your Application and other services we may agree in writing to provide to you from time to time, on the terms of this SFOA.
2.2 We will provide you with the Equipment nominated, or reasonably assumed to be nominated, by you (if any) in your Application and other Equipment that we may agree in writing to provide to you from time to time, on the terms of this SFOA.
2.3 Equipment, Maintenance and Software is only available to you if you nominate Voice Services, Data & Internet Services, Mobile Services, or any other Services in your Application as a Package.
2.4 From time to time, we may vary a term of this SFOA (and, for the avoidance of doubt, any document forming part of this SFOA in accordance with clause 1.3.
Provision of Services and Equipment. 2.1 Any and all provisions of Services, Dedicated Equipment, Equipment and/or Loaned Equipment made by STL to the Customer shall be in accordance with these Terms and Conditions of Business.
2.2 STL shall use its reasonable endeavours to provide the Services to the Customer with reasonable skill and care in relation to the Supported Systems as from the Start Date and in accordance with the Agreement. STL further agrees to use reasonable skill and care in the selection of third party sub-contractors for the Services.
2.3 STL shall use its reasonable endeavours to meet any service times in relation to the Services as specified in the Order Form(s), Scoping Document(s) and/or the welcome pack of materials sent to the Customer on or shortly after the Commencement Date. However, such service times shall be estimates only and shall not be of the essence for performance of the Services unless a Service Level Agreement has been agreed in which case such agreed service times and levels shall apply as stated therein.
2.4 STL shall use its reasonable endeavours to provide any Dedicated Equipment, Equipment and/or Loaned Equipment to the Customer where agreed and as set out in the relevant Customer Order Form(s) and the Scoping Document(s).Where appropriate STL may make a charge for this service.
2.5 STL shall deliver any Equipment and/or Loaned Equipment to the location set out in the Order Form(s) or such other location as the Parties may agree. Any dates quoted for delivery are approximate only and time shall not be of the essence in relation to such delivery dates.
2.6 The risk in any Equipment and/or Loaned Equipment (but not in any Dedicated Equipment) shall pass to the Customer on completion of delivery. Title to the Equipment shall not pass to the Customer until STL has received payment in full for the Equipment as per the order. This is facilitated by an admin charge or three months lease/rental as per the agreement. Routers supplied with any form of connectivity are not covered in these terms. They remain the property of the supplier through the contract term and thereafter. It is the customers responsibility to keep them in good condition should they need to be returned to the supplier.
2.7 If, before title to the Equipment passes to the Customer, the Customer becomes subject to any of the termination events listed in clause 8 then, without limiting any other right or remedy STL may have STL may require the Customer to deliver up all such Equipment, and if ...
Provision of Services and Equipment a. Ziply Fiber will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this ZFSA and Schedules executed by Customer.
b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this ZFSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this ZFSA shall control.
c. Ziply Fiber will provide, maintain and repair the Ziply Fiber owned facilities and equipment used to provide the Services (“Ziply Fiber(‘s) Network”), up to and including the point at which Ziply Fiber’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Ziply Fiber reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Ziply Fiber Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Ziply Fiber for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Ziply Fiber to act on the Customer’s behalf related to the Services and auxiliary third party services.
d. Only authorized agents and representatives of Ziply Fiber may perform maintenance work with respect to Ziply Fiber’s Network. Any repair, alteration, configuration or servicing of Ziply Fiber’s Network, Services or Equipment by Customer or third parties without the written consent of Ziply Fiber is a material breach of this ZFSA and cause for termination at Ziply Fiber’s option.
e. If Ziply Fiber is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Ziply Fiber, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by Customer. Customer will reimburse Ziply Fibe...
Provision of Services and Equipment. 2.1 Any and all provisions of Services, Dedicated Equipment, Equipment and/or Loaned Equipment made by Riverbank to the Customer shall be in accordance with these Terms and Conditions of Business.
2.2 Riverbank shall use its reasonable endeavours to provide the Services to the Customer with reasonable skill and care in relation to the Supported Systems as from the Start Date and in accordance with the Agreement. Xxxxxxxxx further agrees to use reasonable skill and care in the selection of third party sub-contractors for the Services.
2.3 Riverbank shall use its reasonable endeavours to meet any service times in relation to the Services as specified in the Order Form(s), Proposal Document(s) and/or the welcome pack of materials sent to the Customer on or shortly after the Effective Date. However, such service times shall be estimates only and shall not be of the essence for performance of the Services unless a Service Level Agreement has been agreed in which case such agreed service times and levels shall apply as stated therein.
2.4 Riverbank shall use its reasonable endeavours to provide any Dedicated Equipment, Equipment and/or Loaned Equipment to the Customer where agreed and as set out in the relevant Customer Order Form(s) and the Proposal Document(s).
2.5 Riverbank shall deliver any Equipment and/or Loaned Equipment to the location set out in the Order Form(s) or such other location as the Parties may agree. Any dates quoted for delivery are approximate only and time shall not be of the essence in relation to such delivery dates.
2.6 The risk in any Equipment and/or Loaned Equipment (but not in any Dedicated Equipment) shall pass to the Customer on completion of delivery. Title to the Equipment shall not pass to the Customer until Riverbank has received payment in full for the Equipment.
2.7 If, before title to the Equipment passes to the Customer, the Customer becomes subject to any of the termination events listed in clause 8 then, without limiting any other right or remedy Riverbank may have Riverbank may require the Customer to deliver up all such Equipment, and if the Customer fails to do so, Riverbank may at any time enter any premises of the Customer or of any third party where the Equipment is stored in order to recover it.
2.8 If the Customer contacts Riverbank’s help desk by telephone during the Support Hours or by e-mail at any time, Riverbank shall provide (during the Support Hours) the Services set out in the Order Form(s) and the Propos...
Provision of Services and Equipment. 3.1 The Company will use reasonable endeavours to provide the Service(s) and Equipment:
3.1.1 By the date(s) agreed with the Customer, but any such dates shall be estimated and time shall not be of the essence for the performance of the Service(s); and
3.1.2 With the reasonable care and skill that may be expected from a competent communications service provider; and
3.1.3 In accordance with any description set out in any applicable Service Specific Terms.
3.2 The Company may vary the way in which the Service(s) are provided and/or the Equipment is supplied when the Company, any third party supplier, the Network Operator and/or any national or international regulatory body requires such variations in order to maintain and/or improve service quality, to meet any unforeseen circumstances or in order to comply with any applicable law or regulation.
3.3 The Company reserves the right to add to, substitute and/or discontinue any item of Equipment and/or to change the specification of the Equipment at any time. The Company does not guarantee the continuing availability of any particular item of Equipment and the Customer acknowledges that the Company may be dependent upon third parties in this respect.
3.4 The Company does not provide any Services or Equipment to Consumers and by entering into this Agreement the Customer is deemed to represent to the Company that it is not a Consumer. PAYING FOR THE SERVICES
4.1 The Company shall charge the Customer for the Service(s) and/or Equipment in accordance with the rates stated on the Order Form or, when no rate is stated on the Order Form or agreed by the Company in a Sales Order that is Approved, at rate(s) that are not higher than those published by the Company in the Price List (as amended from time to time in accordance with the provisions of this Agreement). The Price List is available on the Website (and in hard copy by contacting the Company on 0800 285 1533).
4.2 The Customer shall pay the Fixed Charges (for example, Line Rental Charges), the Variable Charges (for example charges for making Calls), any Termination Fee(s) and any Set Up Charges in accordance with this Agreement.
4.3 Subject to any provision to the contrary in any Service Specific Terms or a Sales Order:
4.3.1 The Fixed Charges shall accrue from the date upon which the Sales Order is Approved and shall be invoiced monthly in advance or as otherwise agreed in writing by the parties; and
4.3.2 The Variable Charges shall accrue from the date upon whi...
Provision of Services and Equipment. 2.1 We will provide you with the Services nominated, or reasonably assumed to be nominated by you in your Application and other services we may agree in writing to provide to you from time to time, on the terms of this SFOA.
2.2 We will provide you with the Equipment nominated, or reasonably assumed to be nominated, by you (if any) in your Application and other Equipment that we may agree in writing to provide to you from time to time, on the terms of this SFOA.
Provision of Services and Equipment. 2.1 We will provide you with the Services nominated, or reasonably assumed to be nominated by you in your Application and other services we may agree in writing to provide to you from time to time, on the terms of this SFOA.
2.2 We will provide you with the Equipment nominated, or reasonably assumed to be nominated, by you (if any) in your Application and other Equipment that we may agree in writing to provide to you from time to time, on the terms of thisSFOA.
Provision of Services and Equipment. 2.1. Clarus undertakes with effect from the Commencement Date and in consideration of the payment of the Service Fee by the Customer to supply the Services, Equipment, Starlink Services and Starlink Kit to the Customer on a non-exclusive basis upon the terms and conditions set out in this Agreement. No Equipment or Starlink Kit shall be delivered to the Customer until the Customer is fully onboarded with an account set up or payment has been received.
2.2. Clarus will act in a diligent and professional manner and exercise reasonable care and skill in accordance with the terms of this Agreement and good industry practice.
2.3. The Customer acknowledges and agrees that the Services and Starlink Services may not be available in all locations and are contingent upon network availability and approval of Clarus and Starlink. Clarus will undertake a service availability check before assigning any services plans to the Customer. Software copies and updates installed on the Equipment and/or Starlink Kit are licensed only (and not sold) on a non-exclusive, non-transferrable, limited and revocable basis. Said software copies and updates are licensed for use on the Starlink Kit and subject to the Software Usage & Licence Terms referred to in clause 8.5(h).
2.4. Any Equipment and Starlink Kit must be securely installed in a location with a clear field of view and, for Starlink Kit, in accordance with the Starlink Install Guide (available via the Starlink Customer Portal). A minimum separation distance of 4 metres must be maintained between Starlink and other antennas. Customer shall not modify the Equipment or Starlink Kit contrary to the Install Guide.
2.5. Starlink Services, Starlink Kit, Starlink Specification, prices and any relative terms or agreement may be amended or discontinued at any time on notice. By continuing to use the Starlink Services and/or Starlink Kit you accept and agree to any such amendments or changes.
2.6. Risk in the Equipment and Starlink Kit shall pass to the Customer on delivery of same.
2.7. The Customer has forty-eight (48) hours from the time of delivery in which to reject goods in case of damage during transit.
