SITE PREPARATION, ACCESS AND INSTALLATION. 6.1 Where Fixed Services are provided to a Site, the supply of the Fixed Services and any part of them shall be subject to satisfactory results of any survey or other investigation of the Site carried out by or on behalf of O2 that O2 deems necessary in relation to the Site prior to the supply of the Fixed Services. 6.2 O2 may in its sole discretion determine that it may not be able to provide the relevant Fixed Services to certain Sites and O2 reserves the right to: (a) cancel the element of the Fixed Services that cannot be provided and refund any money that the Customer has paid in respect of that element of the Services but continue the provision of the other elements of the Fixed Services; or (b) cancel all Fixed Services ordered by the Customer and refund any money that the Customer has paid. 6.3 If O2 Equipment is to be installed at a Site to enable O2 to supply the Fixed Services, the Customer shall (at its own expense), (a) prior to installation: (i) prepare Sites that comply with O2‟s reasonable instructions; (ii) provide any electricity and telecommunication connection points reasonably required by O2 to install the O2 Equipment; and (iii) provide any openings in buildings; (b) provide a safe working environment for O2‟s Representative at the Site; (c) provide a suitable place and conditions for O2 Equipment in accordance with the relevant installation standards including providing continuous mains electricity supply and connecting points and/or all necessary trunking, conduits and cable trays; (d) permit O2 to install and maintain O2 Equipment on the Site on reasonable notice; (e) provide internal cabling between O2 Equipment and any CPE, as appropriate; (f) following a request from O2, permit an O2 Representative who produces a valid identity card and proof of authorisation from O2 such access to the Sites as is reasonably necessary for O2 to perform maintenance and installation of O2 Equipment and to carry out its obligations in this Agreement, including access to any utilities and power supplies that an O2 Representative may reasonably require; and (g) obtain whatever consents or permissions as may be necessary for O2 to locate O2 Equipment on and access the Site, including but not limited to permission for any necessary alterations to buildings or premises, permission to cross land or permission to put the O2 Equipment on property. 6.4 O2‟s normal working hours for Site visits are 0800-1700 on Working Days. If the Customer requests and O2 agrees to work outside of these hours, the Customer must pay additional Charges. 6.5 O2 will normally only require access to the Site during the working hours set out in clause 6.4 of these Fixed Terms, but may, on reasonable notice, require the Customer to provide access at other times. 6.6 The Customer will notify O2 immediately if any limitation to reasonable access to the O2 Equipment or Site is likely to occur. O2 may charge the Customer for any costs or expenses incurred as a result of O2 Representatives being unable to access the Site at the agreed time. The Charges may include the payment of Charges for the Services as if they had commenced, irrespective of whether that is the case. 6.7 O2 will not be liable for any breach of this Agreement (including, without limitation, the Service Levels) to the extent that any failure by O2 to perform its obligations is as a result of O2‟s Representative not being granted access to any Site by the Customer or a failure of the Customer to fulfil its obligations under this Agreement. 6.8 The Customer and O2 agree to look after each other‟s equipment on the Site. O2 shall have no liability for faults arising in the O2 Equipment or interruption in the provision of Services caused by failures in the power supply, except where such power supply failure is directly caused by O2. 6.9 O2 Representatives will observe the Customer‟s reasonable Site regulations as previously notified in writing to O2, although O2 will not be liable for any breach of this Agreement arising out of any conflict between any Site regulations and this Agreement. 6.10 O2 Representatives accessing the Customer‟s premises will comply with all relevant applicable laws relating to health and safety. 6.11 The Customer is responsible for making the Site good after any work undertaken by O2 at the Site, including putting items back and for redecorating. 6.12 This clause 6 shall apply following termination of the Agreement to the extent required for O2 to disconnect and remove any O2 Equipment from the premises.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
SITE PREPARATION, ACCESS AND INSTALLATION. 6.1 Where Fixed Services are provided to a Site, the supply of the Fixed Services and any part of them shall be subject to satisfactory results of any survey or other investigation of the Site carried out by or on behalf of O2 that O2 deems necessary in relation to the Site prior to the supply of the Fixed Services.
6.2 O2 may in its sole discretion determine that it may not be able to provide the relevant Fixed Services to certain Sites and O2 reserves the right to:
(a) cancel the element of the Fixed Services that cannot be provided and refund any money that the Customer has paid in respect of that element of the Services but continue the provision of the other elements of the Fixed Services; or
(b) cancel all Fixed Services ordered by the Customer and refund any money that the Customer has paid.
6.3 If O2 Equipment is to be installed at a Site to enable O2 to supply the Fixed Services, the Customer shall (at its own expense),
(a) prior to installation:
(i) prepare Sites that comply with O2‟s O2’s reasonable instructions;
(ii) provide any electricity and telecommunication connection points reasonably required by O2 to install the O2 Equipment; and
(iii) provide any openings in buildings;
(b) provide a safe working environment for O2‟s O2’s Representative at the Site;
(c) provide a suitable place and conditions for O2 Equipment in accordance with the relevant installation standards including providing continuous mains electricity supply and connecting points and/or all necessary trunking, conduits and cable trays;
(d) permit O2 to install and maintain O2 Equipment on the Site on reasonable notice;
(e) provide internal cabling between O2 Equipment and any CPE, as appropriate;
(f) following a request from O2, permit an O2 Representative who produces a valid identity card and proof of authorisation from O2 such access to the Sites as is reasonably necessary for O2 to perform maintenance and installation of O2 Equipment and to carry out its obligations in this Agreement, including access to any utilities and power supplies that an O2 Representative may reasonably require; and
(g) obtain whatever consents or permissions as may be necessary for O2 to locate O2 Equipment on and access the Site, including but not limited to permission for any necessary alterations to buildings or premises, permission to cross land or permission to put the O2 Equipment on property.
6.4 O2‟s O2’s normal working hours for Site visits are 0800-1700 on Working Days. If the Customer requests and O2 agrees to work outside of these hours, the Customer must pay additional Charges.
6.5 O2 will normally only require access to the Site during the working hours set out in clause 6.4 of these Fixed Terms, but may, on reasonable notice, require the Customer to provide access at other times.
6.6 The Customer will notify O2 immediately if any limitation to reasonable access to the O2 Equipment or Site is likely to occur. O2 may charge the Customer for any costs or expenses incurred as a result of O2 Representatives being unable to access the Site at the agreed time. The Charges may include the payment of Charges for the Services as if they had commenced, irrespective of whether that is the case.
6.7 O2 will not be liable for any breach of this Agreement (including, without limitation, the Service Levels) to the extent that any failure by O2 to perform its obligations is as a result of O2‟s O2’s Representative not being granted access to any Site by the Customer or a failure of the Customer to fulfil its obligations under this Agreement.
6.8 The Customer and O2 agree to look after each other‟s other’s equipment on the Site. O2 shall have no liability for faults arising in the O2 Equipment or interruption in the provision of Services caused by failures in the power supply, except where such power supply failure is directly caused by O2.
6.9 O2 Representatives will observe the Customer‟s Customer’s reasonable Site regulations as previously notified in writing to O2, although O2 will not be liable for any breach of this Agreement arising out of any conflict between any Site regulations and this Agreement.
6.10 O2 Representatives accessing the Customer‟s Customer’s premises will comply with all relevant applicable laws relating to health and safety.
6.11 The Customer is responsible for making the Site good after any work undertaken by O2 at the Site, including putting items back and for redecorating.
6.12 This clause 6 shall apply following termination of the Agreement to the extent required for O2 to disconnect and remove any O2 Equipment from the premises.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
SITE PREPARATION, ACCESS AND INSTALLATION. 6.1 Where Fixed Services are provided to a Site, the supply of the Fixed Services and any part of them shall be subject to satisfactory results of any survey or other investigation of the Site carried out by or on behalf of O2 Telefónica that O2 Telefónica deems necessary in relation to the Site prior to the supply of the Fixed Services.
6.2 O2 Telefónica may in its sole discretion determine that it may not be able to provide the relevant Fixed Services to certain Sites and O2 Telefónica reserves the right to:
(a) cancel the element of the Fixed Services that cannot be provided and refund any money that the Customer has paid in respect of that element of the Services but continue the provision of the other elements of the Fixed Services; or
(b) cancel all Fixed Services ordered by the Customer and refund any money that the Customer has paid.
6.3 If O2 Telefónica Equipment is to be installed at a Site to enable O2 Telefónica to supply the Fixed Services, the Customer shall (at its own expense),
(a) prior to installation:
(i) prepare Sites that comply with O2‟s Telefónica‟s reasonable instructions;
(ii) provide any electricity and telecommunication connection points reasonably required by O2 Telefónica to install the O2 Telefónica Equipment; and
(iii) provide any openings in buildings;
(b) provide a safe working environment for O2‟s Telefónica‟s Representative at the Site;
(c) provide a suitable place and conditions for O2 Telefónica Equipment in accordance with the relevant installation standards including providing continuous mains electricity supply and connecting points and/or all necessary trunking, conduits and cable trays;
(d) permit O2 Telefónica to install and maintain O2 Telefónica Equipment on the Site on reasonable notice;
(e) provide internal cabling between O2 Telefónica Equipment and any CPE, as appropriate;
(f) following a request from O2Telefónica, permit an O2 Telefónica Representative who produces a valid identity card and proof of authorisation from O2 Telefónica such access to the Sites as is reasonably necessary for O2 Telefónica to perform maintenance and installation of O2 Telefónica Equipment and to carry out its obligations in this Agreement, including access to any utilities and power supplies that an O2 Telefónica Representative may reasonably require; and
(g) obtain whatever consents or permissions as may be necessary for O2 Telefónica to locate O2 Telefónica Equipment on and access the Site, including but not limited to permission for any necessary alterations to buildings or premises, permission to cross land or permission to put the O2 Telefónica Equipment on property.
6.4 O2‟s Telefónica‟s normal working hours for Site visits are 0800-1700 on Working Days. If the Customer requests and O2 Telefónica agrees to work outside of these hours, the Customer must pay additional Charges.
6.5 O2 Telefónica will normally only require access to the Site during the working hours set out in clause 6.4 of these Fixed Terms, but may, on reasonable notice, require the Customer to provide access at other times.
6.6 The Customer will notify O2 Telefónica immediately if any limitation to reasonable access to the O2 Telefónica Equipment or Site is likely to occur. O2 Telefónica may charge the Customer for any costs or expenses incurred as a result of O2 Telefónica Representatives being unable to access the Site at the agreed time. The Charges may include the payment of Charges for the Services as if they had commenced, irrespective of whether that is the case.
6.7 O2 Telefónica will not be liable for any breach of this Agreement (including, without limitation, the Service Levels) to the extent that any failure by O2 Telefónica to perform its obligations is as a result of O2‟s Telefónica‟s Representative not being granted access to any Site by the Customer or a failure of the Customer to fulfil its obligations under this Agreement.
6.8 The Customer and O2 Telefónica agree to look after each other‟s equipment on the Site. O2 Telefónica shall have no liability for faults arising in the O2 Telefónica Equipment or interruption in the provision of Services caused by failures in the power supply, except where such power supply failure is directly caused by O2Telefónica.
6.9 O2 Telefónica Representatives will observe the Customer‟s reasonable Site regulations as previously notified in writing to O2Telefónica, although O2 Telefónica will not be liable for any breach of this Agreement arising out of any conflict between any Site regulations and this Agreement.
6.10 O2 Representatives accessing the Customer‟s premises will comply with all relevant applicable laws relating to health and safety.
6.11 The Customer is responsible for making the Site good after any work undertaken by O2 at the Site, including putting items back and for redecorating.
6.12 This clause 6 shall apply following termination of the Agreement to the extent required for O2 to disconnect and remove any O2 Equipment from the premises.
Appears in 1 contract
Samples: Telecommunications