Common use of SUPPLY OF NETWORK SERVICES Clause in Contracts

SUPPLY OF NETWORK SERVICES. 6.2.1 Any Contract for Network Services based on an order which is accepted by Digital Origin pursuant to condition 2.1 is (prior to the Connection Date) conditional on the following: (a) Digital Origin carrying out a survey which reveals to Digital Origin’s satisfaction that it is possible for Digital Origin to supply the Network Services and that any details or information used by Digital Origin to determine the Charges applicable or any other terms of the Contract, whether supplied by the Client or otherwise, are accurate and not misleading. The Charges may change depending on the results of such survey; and (b) that the Network Services can be provided, and Digital Origin makes no warranty that the Network Services can be provided until lines have been installed and are operational. 6.2.2 Digital Origin shall use its reasonable endeavours to meet any performance dates specified on the Order Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services or supply of Equipment and/or Leased Equipment. 6.2.3 Digital Origin undertakes to use reasonable endeavours to supply the Network Services to the Client and to provide the Network Services with due skill and care as from the Connection Date subject to these Conditions. The Client acknowledges that the Network Services cannot be provided fault free and Digital Origin does not warrant error free or uninterrupted use of the Network Services. Notwithstanding any other provision of these Conditions, Digital Origin shall not be liable to the Client in contract, tort, or otherwise for any acts or omissions of Carriers which affect or otherwise impact the Network Services. 6.2.4 Subject to the continuing supply of the service by the relevant Carrier, in the event of a fault occurring in the Network Services Digital Origin will use reasonable endeavours to rectify the fault as soon as practicable. 6.2.5 In providing the Network Services, the Client agrees that Digital Origin may use any Carrier. Digital Origin may from time to time and in providing the Network Services change Carrier provided: (a) the Client is given reasonable notice of such change; and (b) there is no material decline in the then current level of Network Services or functionality. 6.2.6 Except where stated on an Order Form, the broadband element (if any) of any Network Services does not include any modems or other equipment that Digital Origin may supply to the Client under a separate contract.

SUPPLY OF NETWORK SERVICES. 6.2.1 Any Contract for Network Services based on an order which is accepted by Digital Origin Pericom pursuant to condition 2.1 is (prior to the Connection Date) conditional on the following: (a) Digital Origin Pericom carrying out a survey which reveals to Digital OriginPericom’s satisfaction that it is possible for Digital Origin Pericom to supply the Network Services and that any details or information used by Digital Origin Pericom to determine the Charges applicable or any other terms of the Contract, whether supplied by the Client or otherwise, are accurate and not misleading. The Charges may change depending on the results of such survey; and (b) that the Network Services can be provided, and Digital Origin Pericom makes no warranty that the Network Services can be provided until lines have been installed and are operational. 6.2.2 Digital Origin Pericom shall use its reasonable endeavours to meet any performance dates specified on the Order Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services or supply of Equipment and/or Leased Equipment. 6.2.3 Digital Origin Pericom undertakes to use reasonable endeavours to supply the Network Services to the Client and to provide the Network Services with due skill and care as from the Connection Date subject to these Conditions. The Client acknowledges that the Network Services cannot be provided fault free and Digital Origin Pericom does not warrant error free or uninterrupted use of the Network Services. Notwithstanding any other provision of these Conditions, Digital Origin Pericom shall not be liable to the Client in contract, tort, or otherwise for any acts or omissions of Carriers which affect or otherwise impact the Network Services. 6.2.4 Subject to the continuing supply of the service by the relevant Carrier, in the event of a fault occurring in the Network Services Digital Origin Pericom will use reasonable endeavours to rectify the fault as soon as practicable. 6.2.5 In providing the Network Services, the Client agrees that Digital Origin Pericom may use any Carrier. Digital Origin Pericom may from time to time and in providing the Network Services change Carrier provided: (a) the Client is given reasonable notice of such change; and (b) there is no material decline in the then current level of Network Services or functionality. 6.2.6 Except where stated on an Order Form, the broadband element (if any) of any Network Services does not include any modems or other equipment that Digital Origin Pericom may supply to the Client under a separate contract.

SUPPLY OF NETWORK SERVICES. 6.2.1 Any Contract for Network Services based on an order which is accepted by Digital Origin Beyond Networks pursuant to condition 2.1 is (prior to the Connection Date) conditional on the following: (a) Digital Origin Beyond Networks carrying out a survey which reveals to Digital OriginBeyond Networks’s satisfaction that it is possible for Digital Origin Beyond Networks to supply the Network Services and that any details or information used by Digital Origin Beyond Networks to determine the Charges applicable or any other terms of the Contract, whether supplied by the Client or otherwise, are accurate and not misleading. The Charges may change depending on the results of such survey; and (b) that the Network Services can be provided, and Digital Origin Beyond Networks makes no warranty that the Network Services can be provided until lines have been installed and are operational. 6.2.2 Digital Origin Beyond Networks shall use its reasonable endeavours to meet any performance dates specified on the Order Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services or supply of Equipment and/or Leased Equipment. 6.2.3 Digital Origin Beyond Networks undertakes to use reasonable endeavours to supply the Network Services to the Client and to provide the Network Services with due skill and care as from the Connection Date subject to these Conditions. The Client acknowledges that the Network Services cannot be provided fault free and Digital Origin Beyond Networks does not warrant error free or uninterrupted use of the Network Services. Notwithstanding any other provision of these Conditions, Digital Origin Beyond Networks shall not be liable to the Client in contract, tort, or otherwise for any acts or omissions of Carriers which affect or otherwise impact the Network Services. 6.2.4 Subject to the continuing supply of the service by the relevant Carrier, in the event of a fault occurring in the Network Services Digital Origin Beyond Networks will use reasonable endeavours to rectify the fault as soon as practicable. 6.2.5 In providing the Network Services, the Client agrees that Digital Origin Beyond Networks may use any Carrier. Digital Origin Beyond Networks may from time to time and in providing the Network Services change Carrier provided: (a) the Client is given reasonable notice of such change; and (b) there is no material decline in the then current level of Network Services or functionality. 6.2.6 Except where stated on an Order Form, the broadband element (if any) of any Network Services does not include any modems or other equipment that Digital Origin Beyond Networks may supply to the Client under a separate contract.

SUPPLY OF NETWORK SERVICES. 6.2.1 Any Contract for Network Services based on an order which is accepted by Digital Origin Guru Technology pursuant to condition 2.1 is (prior to the Connection Date) conditional on the following: (a) Digital Origin Guru Technology carrying out a survey which reveals to Digital OriginGuru Technology’s satisfaction that it is possible for Digital Origin Guru Technology to supply the Network Services and that any details or information used by Digital Origin Guru Technology to determine the Charges applicable or any other terms of the Contract, whether supplied by the Client or otherwise, are accurate and not misleading. The Charges may change depending on the results of such survey; and (b) that the Network Services can be provided, and Digital Origin Guru Technology makes no warranty that the Network Services can be provided until lines have been installed and are operational. 6.2.2 Digital Origin Guru Technology shall use its reasonable endeavours to meet any performance dates specified on the Order Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services or supply of Equipment and/or Leased Equipment. 6.2.3 Digital Origin Guru Technology undertakes to use reasonable endeavours to supply the Network Services to the Client and to provide the Network Services with due skill and care as from the Connection Date subject to these Conditions. The Client acknowledges that the Network Services cannot be provided fault free and Digital Origin Guru Technology does not warrant error free or uninterrupted use of the Network Services. Notwithstanding any other provision of these Conditions, Digital Origin Guru Technology shall not be liable to the Client in contract, tort, or otherwise for any acts or omissions of Carriers which affect or otherwise impact the Network Services. 6.2.4 Subject to the continuing supply of the service by the relevant Carrier, in the event of a fault occurring in the Network Services Digital Origin Guru Technology will use reasonable endeavours to rectify the fault as soon as practicable. 6.2.5 In providing the Network Services, the Client agrees that Digital Origin Guru Technology may use any Carrier. Digital Origin Guru Technology may from time to time and in providing the Network Services change Carrier provided: (a) the Client is given reasonable notice of such change; and (b) there is no material decline in the then current level of Network Services Service or functionality. 6.2.6 Except where stated on an Order Form, the broadband element (if any) of any Network Services does not include any modems or other equipment that Digital Origin Guru Technology may supply to the Client under a separate contract. 6.2.7 The Client acknowledges that the speed of any broadband element (if any) of the Network Services depends on a number of factors including, but not limited to, distance from the exchange, local availability and line test. Guru Technology gives no warranty or guarantee that the Client’s line(s) will produce top speeds of up to the maximum speed advertised (as the final speed is governed by factors that are beyond Guru Technology’s reasonable control). 6.2.8 The Client warrants, represents and undertakes that it is the owner of, or that it is authorised by the owner of, (and has the right to use) any trade xxxx or name that the Client wishes to use as its registered domain name (or any of them) (“Domain Names”) and/or as part of the Client’s uniform resource locator (“URL”). 6.2.9 If Guru Technology undertakes Domain Names and/or URL registration on behalf of the Client, the Client will reimburse Guru Technology for any registration fees paid by Guru Technology to the internet registration authorities. Guru Technology does not guarantee that any Domain Names or URL requested by the Client will be available. 6.2.10 Guru Technology may require the Client to select replacement Domain Names or URL and may either refuse to provide or may suspend the Services if Guru Technology reasonably believes that the Domain Names or URL is, or is likely to be, offensive, abusive, defamatory, obscene, or an infringement of the rights of a third party.

SUPPLY OF NETWORK SERVICES. 6.2.1 Any Contract for Network Services based on an order which is accepted by Digital Origin Guru Technology pursuant to condition 2.1 is (prior to the Connection Date) conditional on the following: (a) Digital Origin Guru Technology carrying out a survey which reveals to Digital Origin’s Guru Technology's satisfaction that it is possible for Digital Origin Guru Technology to supply the Network Services and that any details or information used by Digital Origin Guru Technology to determine the Charges applicable or any other terms of the Contract, whether supplied by the Client or otherwise, are accurate and not misleading. The Charges may change depending on the results of such survey; and (b) that the Network Services can be provided, and Digital Origin Guru Technology makes no warranty that the Network Services can be provided until lines have been installed and are operational. 6.2.2 Digital Origin Guru Technology shall use its reasonable endeavours to meet any performance dates specified on the Order Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services or supply of Equipment and/or Leased Equipment. 6.2.3 Digital Origin Guru Technology undertakes to use reasonable endeavours to supply the Network Services to the Client and to provide the Network Services with due skill and care as from the Connection Date subject to these Conditions. The Client acknowledges that the Network Services cannot be provided fault free and Digital Origin Guru Technology does not warrant error free or uninterrupted use of the Network Services. Notwithstanding any other provision of these Conditions, Digital Origin Guru Technology shall not be liable to the Client in contract, tort, or otherwise for any acts or omissions of Carriers which affect or otherwise impact the Network Services. 6.2.4 Subject to the continuing supply of the service by the relevant Carrier, in the event of a fault occurring in the Network Services Digital Origin Guru Technology will use reasonable endeavours to rectify the fault as soon as practicable. 6.2.5 In providing the Network Services, the Client agrees that Digital Origin Guru Technology may use any Carrier. Digital Origin Guru Technology may from time to time and in providing the Network Services change Carrier provided: (a) the Client is given reasonable notice of such change; and (b) there is no material decline in the then current level of Network Services Service or functionality. 6.2.6 Except where stated on an Order Form, the broadband element (if any) of any Network Services does not include any modems or other equipment that Digital Origin Guru Technology may supply to the Client under a separate contract. 6.2.7 The Client acknowledges that the speed of any broadband element (if any) of the Network Services depends on a number of factors including, but not limited to, distance from the exchange, local availability and line test. Guru Technology gives no warranty or guarantee that the Client's line(s) will produce top speeds of up to the maximum speed advertised (as the final speed is governed by factors that are beyond Guru Technology's reasonable control). 6.2.8 The Client warrants, represents and undertakes that it is the owner of, or that it is authorised by the owner of, (and has the right to use) any trade xxxx or name that the Client wishes to use as its registered domain name (or any of them) ("Domain Names") and/or as part of the Client's uniform resource locator ("URL"). 6.2.9 If Guru Technology undertakes Domain Names and/or URL registration on behalf of the Client, the Client will reimburse Guru Technology for any registration fees paid by Guru Technology to the internet registration authorities. Guru Technology does not guarantee that any Domain Names or URL requested by the Client will be available. 6.2.10 Guru Technology may require the Client to select replacement Domain Names or URL and may either refuse to provide or may suspend the Services if Guru Technology reasonably believes that the Domain Names or URL is, or is likely to be, offensive, abusive, defamatory, obscene, or an infringement of the rights of a third party.

SUPPLY OF NETWORK SERVICES. 6.2.1 Any Contract for Network Services based on an order which is accepted by Digital Origin AiMTECH Business Services pursuant to condition 2.1 is (prior to the Connection Date) conditional on the following: (a) Digital Origin AiMTECH Business Services carrying out a survey which reveals to Digital Origin’s AiMTECH Business Services’ satisfaction that it is possible for Digital Origin AiMTECH Business Services to supply the Network Services and that any details or information used by Digital Origin AiMTECH Business Services to determine the Charges applicable or any other terms of the Contract, whether supplied by the Client or otherwise, are accurate and not misleading. The Charges may change depending on the results of such survey; and (b) that the Network Services can be provided, and Digital Origin AiMTECH Business Services makes no warranty that the Network Services can be provided until lines have been installed and are operational. 6.2.2 Digital Origin AiMTECH Business Services shall use its reasonable endeavours to meet any performance dates specified on the Order Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services or supply of Equipment and/or Leased Equipment. 6.2.3 Digital Origin AiMTECH Business Services undertakes to use reasonable endeavours to supply the Network Services to the Client and to provide the Network Services with due skill and care as from the Connection Date subject to these Conditions. The Client acknowledges that the Network Services cannot be provided fault free and Digital Origin AiMTECH Business Services does not warrant error free or uninterrupted use of the Network Services. Notwithstanding any other provision of these Conditions, Digital Origin AiMTECH Business Services shall not be liable to the Client in contract, tort, or otherwise for any acts or omissions of Carriers which affect or otherwise impact the Network Services. 6.2.4 Subject to the continuing supply of the service by the relevant Carrier, in the event of a fault occurring in the Network Services Digital Origin AiMTECH Business Services will use reasonable endeavours to rectify the fault as soon as practicable. 6.2.5 In providing the Network Services, the Client agrees that Digital Origin AiMTECH Business Services may use any Carrier. Digital Origin AiMTECH Business Services may from time to time and in providing the Network Services change Carrier provided: (a) the Client is given reasonable notice of such change; and (b) there is no material decline in the then current level of Network Services or functionality. 6.2.6 Except where stated on an Order Form, the broadband element (if any) of any Network Services does not include any modems or other equipment that Digital Origin AiMTECH Business Services may supply to the Client under a separate contract.