Common use of Service Delivery Agreement Clause in Contracts

Service Delivery Agreement. 1. A Party which applies for entering into the agreement for the service delivery by means of devices constituting ATM property, while indicating the location in which those devices shall be installed, shall prove he/she is duly entitled to conduct the installation of such devices. 2. In the event the activation day is not the first day of a calendar month, the Agreement is regarded as concluded for the total period of the term of the Agreement and the number of days which have elapsed from the activation date to the last day of the month in which the activation has been conducted. If services provided do not cover complete months, the subscription fee for such an incomplete month is calculated as a one thirtieth part of a monthly fee for each day of the month. 3. The service delivery commences on the day of the activation of the service regarded as the technical installation of devices constituting ATM property as well as the launching of the service upon signing by both Parties the protocol confirming the installation of such devices and appropriate operation of the service, with a reservation that the installation of devices provided by ATM shall be performed should a given service provide for such installation. The activation date shall be set forth in the Agreement. In the event of an unjustified lack of participation of the Subscriber in the activation of the service or refusal to sign the protocol by the Subscriber, ATM shall be entitled to perform a unilateral activation of the service and sign the protocol. In the event the Subscriber reports in writing the justified objections towards the activation of the service and their recognition by ATM, ATM shall indicate a subsequent deadline for the activation of the service. 4. If a given service does not provide for its activation, the service shall be provided from the day set forth in the Agreement. 5. Should there exist no written statement of the Subscriber regarding the non-extension of the Agreement, submitted at least 30 days prior to the lapse of the first and each subsequent term of the Agreement concluded for the definite period of time, the Agreement shall be automatically extended, i.e. without the need to perform any actions by the Parties to the Agreement, for a subsequent term, whose length corresponds to the latest term, unless set forth otherwise in the Agreement. 6. The Customer shall arrange the inspection of installations and devices constituting ATM property for the authorized ATM representatives. 7. Each Party to the Agreement shall notify the other Party about the introduction of any changes into the data set forth in the Agreement. 1. In the course of provision of Internet access services, ATM treats all data transmission in the same manner, without discrimination, limitation or intervention into their contents, which does not prevent the application of appropriate means for traffic management. 2. ATM informs that the means for management of traffic in its network which it applies, in particular in situations tied to the need to maintain the integrity and safety of the network, of services provided through the network, terminal units of users, and also, in the event of need to enact a court verdict or an administrative decision, to ensure compliance with EU and national legislation, and in the event of network breakdown and network overload, may result in reduction of quality of the Internet access services, which in particular means reduction of speed, increase of delay or variance of delay and the occurrence of packages loss or inaccessibility of certain resources. 3. The means for management of traffic, applied by ATM, do not cause a breach of privacy of the end users and do not compromise their personal data. 4. Limits on data volume, reductions of speed, other service quality parameters and actions undertaken by the end users themselves can influence the Internet access services by slowing down the upload or download of data, or limiting the accessibility or quality of using applications and services. The accessibility and quality of using the content, application and services via the Internet access service depends on the technical requirements and parameters specified by suppliers of said content, applications and services, as well as on limitations of these suppliers, which in consequence may mean that certain content, applications, services or their functionalities may be inaccessible due to delays or the Internet connection speed being lower than required by the suppliers of content, applications or services. 5. The influence of data volume limit, speed and other parameters on the Internet access services, and in particular on the use of content, applications and services are specified in the Agreement. 6. With respect to the Internet access service, ATM, depending on technology and offer, declares the following parameters in the Agreement: a) minimum speed – the minimum speed which ATM undertakes to ensure under the Internet access service; b) speed usually available – speed that the Customer may expect in most cases of using the service; c) maximum speed – the maximum speed which ATM undertakes to ensure under the Internet access service; d) declared speed – speed indicated by ATM in its advertising. ATM reserves the right to declare quality parameters other than the above. The declared quality parameters are available only within the ATM network. 7. Significant deviations from the speeds indicated in § 6 may limit or hinder the fulfillment of right to obtain access to information and content, to their distribution, and also to use selected applications and services and making them available. 8. In the event of any constant or regularly recurrent significant discrepancies between the actual performance of the Internet access service with respect to speed or other quality parameters, and the values declared by ATM, the Customer is entitled to file a complaint pursuant to § 8 of the Regulations. In the case indicated in the preceding sentence, ATM shall be liable pursuant to § 7 of the Regulations, unless the Agreement provides otherwise. 9. Detailed information regarding the Internet access service are available at the website xxx.xxxxx.xx

Service Delivery Agreement. 1. A Party which applies for entering into the agreement for the service delivery by means of devices constituting ATM property, while indicating the location in which those devices shall be installed, shall prove he/she is duly entitled to conduct the installation of such devices. 2. In the event the activation day is not the first day of a calendar month, the Agreement is regarded as concluded for the total period of the term of the Agreement and the number of days which have elapsed from the activation date to the last day of the month in which the activation has been conducted. If services provided do not cover complete months, the subscription fee for such an incomplete month is calculated as a one thirtieth part of a monthly fee for each day of the month. 3. The service delivery commences on the day of the activation of the service regarded as the technical installation of devices constituting ATM property as well as the launching of the service upon signing by both Parties the protocol confirming the installation of such devices and appropriate operation of the service, with a reservation that the installation of devices provided by ATM shall be performed should a given service provide for such installation. The activation date shall be set forth in the Agreement. In the event of an unjustified lack of participation of the Subscriber in the activation of the service or refusal to sign the protocol by the Subscriber, ATM shall be entitled to perform a unilateral activation of the service and sign the protocol. In the event the Subscriber reports in writing the justified objections towards the activation of the service and their recognition by ATM, ATM shall indicate a subsequent deadline for the activation of the service. 4. If a given service does not provide for its activation, the service shall be provided from the day set forth in the Agreement. 5. Should there exist no written statement of the Subscriber regarding the non-extension of the Agreement, submitted at least 30 days prior to the lapse of the first and each subsequent term of the Agreement concluded for the definite period of time, the Agreement shall be automatically extended, i.e. without the need to perform any actions by the Parties to the Agreement, for a subsequent term, whose length corresponds to the latest term, unless set forth otherwise in the Agreement. 6. The Customer shall arrange the inspection of installations and devices constituting ATM property for the authorized ATM representatives. 7. Each Party to the Agreement shall notify the other Party about the introduction of any changes into the data set forth in the Agreement. 1. In the course of provision of Internet access services, ATM treats all data transmission in the same manner, without discrimination, limitation or intervention into their contents, which does not prevent the application of appropriate means for traffic management. 2. ATM informs that the means for management of traffic in its network which it applies, in particular in situations tied to the need to maintain the integrity and safety of the network, of services provided through the network, terminal units of users, and also, in the event of need to enact a court verdict or an administrative decision, to ensure compliance with EU and national legislation, and in the event of network breakdown and network overload, may result in reduction of quality of the Internet access services, which in particular means reduction of speed, increase of delay or variance of delay and the occurrence of packages loss or inaccessibility of certain resources. 3. The means for management of traffic, applied by ATM, do not cause a breach of privacy of the end users and do not compromise their personal data. 4. Limits on data volume, reductions of speed, other service quality parameters and actions undertaken by the end users themselves can influence the Internet access services by slowing down the upload or download of data, or limiting the accessibility or quality of using applications and services. The accessibility and quality of using the content, application and services via the Internet access service depends on the technical requirements and parameters specified by suppliers of said content, applications and services, as well as on limitations of these suppliers, which in consequence may mean that certain content, applications, services or their functionalities may be inaccessible due to delays or the Internet connection speed being lower than required by the suppliers of content, applications or services. 5. The influence of data volume limit, speed and other parameters on the Internet access services, and in particular on the use of content, applications and services are specified in the Agreement. 6. With respect to the Internet access service, ATM, depending on technology and offer, declares the following parameters in the Agreement: a) minimum speed – the minimum speed which ATM undertakes to ensure under the Internet access service; b) speed usually available – speed that the Customer may expect in most cases of using the service; c) maximum speed – the maximum speed which ATM undertakes to ensure under the Internet access service; d) declared speed – speed indicated by ATM in its advertising. ATM reserves the right to declare quality parameters other than the above. The declared quality parameters are available only within the ATM network. 7. Significant deviations from the speeds indicated in § section 6 may limit or hinder the fulfillment of right to obtain access to information and content, to their distribution, and also to use selected applications and services and making them available. 8. In the event of any constant or regularly recurrent significant discrepancies between the actual performance of the Internet access service with respect to speed or other quality parameters, and the values declared by ATM, the Customer is entitled to file a complaint pursuant to § 8 of the Regulations. In the case indicated in the preceding sentence, ATM shall be liable pursuant to § 7 of the Regulations, unless the Agreement provides otherwise. 9. Detailed information regarding the Internet access service are available at the website xxx.xxxxx.xx

Service Delivery Agreement. 1. A Party which applies for entering into the agreement for the service delivery by means of devices constituting ATM property, while indicating the location in which those devices shall be installed, shall prove he/she is duly entitled to conduct the installation of such devices. 2. In the event the activation day is not the first day of a calendar month, the Agreement is regarded as concluded for the total period of the term of the Agreement and the number of days which have elapsed from the activation date to the last day of the month in which the activation has been conducted. If services provided do not cover complete months, the subscription fee for such an incomplete month is calculated as a one thirtieth part of a monthly fee for each day of the month. 3. The service delivery commences on the day of the activation of the service regarded as the technical installation of devices constituting ATM property as well as the launching of the service upon signing by both Parties the protocol confirming the installation of such devices and appropriate operation of the service, with a reservation that the installation of devices provided by ATM shall be performed should a given service provide for such installation. The activation date shall be set forth in the Agreement. In the event of an unjustified lack of participation of the Subscriber in the activation of the service or refusal to sign the protocol by the Subscriber, ATM shall be entitled to perform a unilateral activation of the service and sign the protocol. In the event the Subscriber reports in writing the justified objections towards the activation of the service and their recognition by ATM, ATM shall indicate a subsequent deadline for the activation of the service. 4. If a given service does not provide for its activation, the service shall be provided from the day set forth in the Agreement. 5. Should there exist no written statement of the Subscriber regarding the non-extension of the Agreement, submitted at least 30 days prior to the lapse of the first and each subsequent term of the Agreement concluded for the definite period of time, the Agreement shall be automatically extended, i.e. , i. e. without the need to perform any actions by the Parties to the Agreement, for a subsequent term, whose length corresponds to the latest term, unless set forth otherwise in the Agreement. 6. The Customer shall arrange the inspection of installations and devices constituting ATM property for the authorized ATM representatives. 7. Each Party to the Agreement shall notify the other Party about the introduction of any changes into the data set forth in the Agreement. 1. In the course of provision of Internet access services, ATM treats all data transmission in the same manner, without discrimination, limitation or intervention into their contents, which does not prevent the application of appropriate means for traffic management. 2. ATM informs that the means for management of traffic in its network which it applies, in particular in situations tied to the need to maintain the integrity and safety of the network, of services provided through the network, terminal units of users, and also, in the event of need to enact a court verdict or an administrative decision, to ensure compliance with EU and national legislation, and in the event of network breakdown and network overload, may result in reduction of quality of the Internet access services, which in particular means reduction of speed, increase of delay or variance of delay and the occurrence of packages loss or inaccessibility of certain resources. 3. The means for management of traffic, applied by ATM, do not cause a breach of privacy of the end users and do not compromise their personal data. 4. Limits on data volume, reductions of speed, other service quality parameters and actions undertaken by the end users themselves can influence the Internet access services by slowing down the upload or download of data, or limiting the accessibility or quality of using applications and services. The accessibility and quality of using the content, application and services via the Internet access service depends on the technical requirements and parameters specified by suppliers of said content, applications and services, as well as on limitations of these suppliers, which in consequence may mean that certain content, applications, services or their functionalities may be inaccessible due to delays or the Internet connection speed being lower than required by the suppliers of content, applications or services. 5. The influence of data volume limit, speed and other parameters on the Internet access services, and in particular on the use of content, applications and services are specified in the Agreement. 6. With respect to the Internet access service, ATM, depending on technology and offer, declares the following parameters in the Agreement: a) minimum speed – the minimum speed which ATM undertakes to ensure under the Internet access service; b) speed usually available – speed that the Customer may expect in most cases of using the service; c) maximum speed – the maximum speed which ATM undertakes to ensure under the Internet access service; d) declared speed – speed indicated by ATM in its advertising. ATM reserves the right to declare quality parameters other than the above. The declared quality parameters are available only within the ATM network. 7. Significant deviations from the speeds indicated in § 6 may limit or hinder the fulfillment of right to obtain access to information and content, to their distribution, and also to use selected applications and services and making them available. 8. In the event of any constant or regularly recurrent significant discrepancies between the actual performance of the Internet access service with respect to speed or other quality parameters, and the values declared by ATM, the Customer is entitled to file a complaint pursuant to § 8 of the Regulations. In the case indicated in the preceding sentence, ATM shall be liable pursuant to § 7 of the Regulations, unless the Agreement provides otherwise. 9. Detailed information regarding the Internet access service are available at the website xxx.xxxxx.xx