Site Surveys. 8.1 Where we have carried out a Site Survey we will provide you with a written report detailing the results of the Site Survey and any remediation work that is required to be undertaken prior to the installation of the Service. Failure to carry out any such work may delay the Commencement Date and/or mean that we are unable to provide the Services to you. 8.2 If the Site Survey reveals that remediation work is required you shall be entitled to cancel this Agreement in respect of Services for that site (but not for any other sites to which we provide Services) by giving us written notice within 14 days from the date we inform you of the Site Survey results. Where you decide to cancel this Agreement and the cost of the remediation work is estimated as less than £500 (excluding VAT) we shall be entitled to charge you £500 (plus VAT) for carrying out the Site Survey of that site. 8.3 We shall carry out a Suitability Test to assess the quality of the broadband provided from the local BT exchange. If the Suitability Test results indicate that the quality of the access is insufficient for the Services to be provided to a reasonable standard we will notify you of this, in which event this Agreement shall automatically terminate in respect of the site (but not for any other sites to which we provide Services). Alternatively you may have the option to upgrade to Ethernet for additional Charges to be agreed between the parties. 8.4 Following completion of the Site Survey and Suitability Test, we shall give you an estimate of the maximum number of concurrent connections supported by the Service which will be determined by a number of factors including broadband speed and the proximity of the site to the local exchange. If this estimate is less than 80% of our initial estimate of the same provided to you at the time of the Order Form then you shall be entitled to cancel this Agreement in respect of Services for that site (but not for any other sites to which we provide Services) by giving us written notice within 14 days from the date we inform you of the Site Survey results. 8.5 We may in our absolute discretion reject any notice to cancel under Sections 8.2 or 8.4 which is served after the 14 day notice period or allow you to cancel subject to a cancellation fee of £500 or 10% of the mobile and fixed line rental Charges for the Minimum Term, whichever is higher.
Appears in 6 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Site Surveys. 8.1 5.1 Where we have Vodafone has carried out a Site Survey we Survey, Vodafone will provide you Customer with a written report detailing the results of the Site Survey and any remediation work that is required to be undertaken prior to the installation of the Service. Failure to carry out any such work may delay the Commencement Date and/or mean that we are Vodafone is unable to provide the Services to youCustomer.
8.2 5.2 If the Site Survey reveals that remediation work is required you required, Customer shall be entitled to cancel this Agreement in respect of Services for that site (but not for any other sites to which we Vodafone provide Services) by giving us providing written notice within 14 days from the date we Vodafone inform you Customer of the Site Survey results. Where you decide Customer decides to cancel this Agreement and the cost of the remediation work is estimated as less than £500 (excluding VAT) we Vodafone shall be entitled to charge you Customer £500 (plus VAT) for carrying out the Site Survey of that site.
8.3 We 5.3 Vodafone shall carry out a Suitability Test to assess the quality of the broadband provided from the local BT exchange. If the Suitability Test results indicate that the quality of the access is insufficient for the Services to be provided to a reasonable standard we Vodafone will notify you Customer of this, in which event this Agreement shall automatically terminate in respect of the site (but not for any other sites to which we Vodafone provide Services). Alternatively you Customer may have the option to upgrade to Ethernet for additional Charges to be agreed between the parties.
8.4 5.4 Following completion of the Site Survey and Suitability Test, we Vodafone shall give you Customer an estimate of the maximum number of concurrent connections supported by the Service which will be determined by a number of factors including broadband speed and the proximity of the site to the local exchange. If this estimate is less than 80% of our the initial estimate of the same provided to you Customer at the time of the Order Form then you Customer shall be entitled to cancel this Agreement in respect of Services for that site (but not for any other sites to which we Vodafone provide Services) by giving us providing written notice within 14 days from the date we Vodafone inform you Customer of the Site Survey results.
8.5 We 5.5 Vodafone may in our its absolute discretion reject any notice to cancel under Sections 8.2 clauses 5.2 or 8.4 5.4 which is served after the 14 day notice period or allow you Customer to cancel subject to a cancellation fee of £500 or 10% of the mobile and fixed line rental Charges for the Minimum Term, whichever is higher.
5.6 Where Vodafone is unable to deliver Fixed Line Services to more than 80% of Customer’s sites (as set out in the Order Form(s)), Vodafone shall provide notice under clause 10.2 or where applicable, under this clause 5. Following such notice, Customer may:
(a) end this Agreement by providing 30 days prior written notice to which Customer must provide within 14 days of Vodafone’s original notice of change;
(b) elect to continue receiving only the Mobility Services by providing Vodafone with written notice within 14 days of Vodafone’s original notice of change; or
(c) continue receiving the Mobility Services and any Fixed Line Services that can be or have been delivered (where Customer has not provided notice under clause 5.6(a) or 5.6(b), this clause 5.6(c) shall apply).
5.7 Where clause 5.6(a), 5.6(b) or 5.6(c) apply, the Investment Fund shall be re-calculated and if any outstanding balance cannot be set-off by Vodafone, Customer shall pay Vodafone the Investment Fund Repayment.
5.8 Where Customer provides notice under clause 5.6 (b):
(a) Vodafone shall have no further obligation to provide any Fixed Line Services under this Agreement; and
(b) the Charges payable by Customer in respect of the Fixed Line Services (as set out in the Order Form) shall no longer apply.
Appears in 2 contracts
Samples: Service Agreement, Telecommunications
Site Surveys. 8.1 5.1 Where we have Vodafone has carried out a Site Survey we Survey, Vodafone will provide you Customer with a written report detailing the results of the Site Survey and any remediation work that is required to be undertaken prior to the installation of the Service. Failure to carry out any such work may delay the Commencement Date and/or mean that we are Vodafone is unable to provide the Services to youCustomer.
8.2 5.2 If the Site Survey reveals that remediation work is required you required, Customer shall be entitled to cancel this Agreement in respect of Services for that site (but not for any other sites to which we Vodafone provide Services) by giving us providing written notice within 14 days from the date we Vodafone inform you Customer of the Site Survey results. Where you decide Customer decides to cancel this Agreement and the cost of the remediation work is estimated as less than £500 (excluding VAT) we Vodafone shall be entitled to charge you Customer £500 (plus VAT) for carrying out the Site Survey of that site.
8.3 We 5.3 Vodafone shall carry out a Suitability Test to assess the quality of the broadband provided from the local BT exchange. If the Suitability Test results indicate that the quality of the access is insufficient for the Services to be provided to a reasonable standard we Vodafone will notify you Customer of this, in which event this Agreement shall automatically terminate in respect of the site (but not for any other sites to which we Vodafone provide Services). Alternatively you Customer may have the option to upgrade to Ethernet for additional Charges to be agreed between the parties.
8.4 5.4 Following completion of the Site Survey and Suitability Test, we Vodafone shall give you Customer an estimate of the maximum number of concurrent connections supported by the Service which will be determined by a number of factors including broadband speed and the proximity of the site to the local exchange. If this estimate is less than 80% of our the initial estimate of the same provided to you Customer at the time of the Order Form then you Customer shall be entitled to cancel this Agreement in respect of Services for that site (but not for any other sites to which we Vodafone provide Services) by giving us providing written notice within 14 days from the date we Vodafone inform you Customer of the Site Survey results.results.
8.5 We 5.5 Vodafone may in our its absolute discretion reject any notice to cancel under Sections 8.2 clauses 5.2 or 8.4 5.4 which is served after the 14 day notice period or allow you Customer to cancel subject to a cancellation fee of £500 or 10% of the mobile and fixed line rental Charges for the Minimum Term, whichever is higher.
5.6 Where Vodafone is unable to deliver Fixed Line Services to more than 80% of Customer’s sites (as set out in the Order Form(s)), Vodafone shall provide notice under clause 10.2 or where applicable, under this clause 5. Following such notice, Customer may:
(a) end this Agreement by providing 30 days prior written notice to which Customer must provide within 14 days of Vodafone’s original notice of change;
(b) elect to continue receiving only the Mobility Services by providing Vodafone with written notice within 14 days of Vodafone’s original notice of change; or
(c) continue receiving the Mobility Services and any Fixed Line Services that can be or have been delivered (where Customer has not provided notice under clause 5.6(a) or 5.6(b), this clause 5.6(c) shall apply).
5.7 Where clause 5.6(a), 5.6(b) or 5.6(c) apply, the Investment Fund shall be re-calculated and if any outstanding balance cannot be set-off by Vodafone, Customer shall pay Vodafone the Investment Fund Repayment.
5.8 Where Customer provides notice under clause 5.6 (b):
(a) Vodafone shall have no further obligation to provide any Fixed Line Services under this Agreement; and
(b) the Charges payable by Customer in respect of the Fixed Line Services (as set out in the Order Form) shall no longer apply.
Appears in 1 contract
Samples: Telecommunications