Common use of Provision of Services and Equipment Clause in Contracts

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 the Customer fails to do so, STL 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 STL’s help desk by telephone during the Support Hours or by e-mail at any time, STL shall provide (during the Support Hours) the Services set out in the Order Form(s) and the Scoping Document(s). The amount of Help Desk Support mentioned in this Clause 2 includes all time spent by STL working on the Customer’s technical problems in the course of Help Desk Support and is not limited to time devoted to communication with the Customer. This is covered by the STL Fair Use Policy. 2.9 Nothing in the Agreement shall oblige STL to do anything which in its reasonable opinion may infringe the Intellectual Property Rights of any third party