Common use of SUPPLY OF THE SERVICE Clause in Contracts

SUPPLY OF THE SERVICE. 2.1 The Supplier cannot guarantee and does not warrant that the Service(s) will be free of interruptions or will be fault- free, and the Supplier will not be held liable for any loss or damages should the Service be interrupted from time to time. The Customer accepts that there may also be degradation in the quality of the Service from time to time and subject always to clause (19.1) below, the Supplier will not be liable for any loss or damages should the quality of the Service provided be affected by such Matters. 2.2 During the Minimum Term, and any extended term thereafter, the Supplier may also supply Additional Services either as detailed below, or as otherwise agreed between the Supplier and the Customer. Where Additional Services are agreed to be provided, references to Services in these Terms include such Additional Services. 2.3 Call Recording functionality is included as part of the Service and recordings are stored free of charge for 6 months. The Customer can alter the period for which call recordings are stored at any time using their call recording portal. Call storage exceeding the free 6-month allowance (Additional Call Recording Storage) will incur additional storage charges. Call recordings will be deleted after 6 months if additional storage is not requested and paid for. 2.4 The Customer shall be responsible for the cost of all calls made, and recorded by the Supplier as having been made, in respect of the Services provided. Save only to the extent expressly agreed pursuant to any Anti-Fraud Protection Additional Service the Supplier may agree to provide, the Supplier shall not be held liable for any costs associated with fraudulent calls made via the Services, howsoever caused. The Customer agrees to take all reasonable steps to prevent any such fraudulent calls. These steps must include, but are not limited to, adopting any security measures notified to it by, or recommended by, the Supplier from time, and adopting all reasonable security measures within their telephone systems (including without limitation keeping any passwords robust and confidential). Non-compliance may result in exclusion of any Anti-Fraud Protection Additional Service offered by the Supplier. Notwithstanding the foregoing, the Supplier reserves the right to take such actions as it deems reasonably necessary to prevent any fraudulent actions of which it may become aware, including without limitation by limiting access to international calls, to certain lines or to other telecommunications systems. 2.5 The Customer shall not engage in any fraudulent or improper use of the Services, or any use that would breach the Supplier’s Fair Usage Policy or any applicable OFCOM terms. 2.6 Where the Services comprise a VoIP (Voice over Internet Protocol) telephony service: 2.6.1 the Customer should note that their ability to call emergency organisations (i.e. police, fire, ambulance or coastguard services) may cease if there is a power cut or power failure, or a failure of the internet connection on which the VoIP service relies; 2.6.2 where the VoIP telephony service is to be used principally at a single fixed location, the Customer is advised to register with the Supplier the address of the place where the service is to be used prior to its activation, and update that address information if there is any change; 2.6.3 where the VoIP telephony service is to be accessed from multiple locations, the Customer is advised to register and update the location information associated with it, whenever accessing the VoIP telephony service from a new location. 2.6.4 The Suppliers HiHi VoIP system will only operate whilst the SIP numbers/SIP trunks provided pursuant to the Services are hosted on the Supplier’s network. Should the SIP numbers/SIP trunks be moved to another telecoms provider at the Customer’s request, the Supplier’s HiHi VoIP system will no longer operate. However, in these circumstances the Customer will remain liable for the remainder of the equipment leasing term (which itself is a reflection of the separate leasing arrangement funding the provision of the equipment).

SUPPLY OF THE SERVICE. 2.1 The Supplier cannot guarantee Agreement shall commence on the date of this Agreement and does not warrant that shall continue, unless terminated early in accordance with condition 6, for the Service(s) will be free of interruptions or will be fault- free, and the Supplier will not be held liable for any loss or damages should the Service be interrupted from time to timeMinimum Term. The Customer accepts that there may also be degradation in the quality Following expiry of the Service from time to time and subject always to clause (19.1) belowMinimum Term, the Supplier will not be liable Contract shall automatically renew for any loss or damages should an additional 12 months, unless a party gives written notice to the quality other party no later than 90 days before the expiry of the Service provided be affected by such MattersMinimum Term, or any subsequent renewed term. 2.2 If the Customer is a Microenterprise or Small Enterprise Customer, or a Not-For-Profit Customer, the Minimum Term shall not be more than 24 months for the relevant Services, unless expressly agreed otherwise by the customer. 2.3 If the customer is a Microenterprise or Small Enterprise Customer, or a Not-For-Profit Customer, the Contract shall automatically continue at the end of the Minimum Term until the Customer gives to the Supplier, not less than 30 days’ written notice to terminate the Contract. 2.4 During the Minimum Term, and any extended term thereafter, the Supplier may also supply Additional Services either as detailed below, or as otherwise agreed between the Supplier and the Customer. Where Additional Services are agreed to be provided, references to Services in these Terms include such Additional Services. 2.3 2.5 Call Recording functionality is included as part of the Service and recordings are stored free of charge for 6 months. The Customer can alter the period for which call recordings are stored at any time using their call recording portal. Call storage exceeding the free 6-month allowance (Additional Call Recording Storage) will incur additional storage charges. Call recordings will be deleted after 6 months if additional storage is not requested and paid for. 2.4 2.6 The Customer shall be responsible for the cost of all calls made, and recorded by the Supplier as having been made, in respect of the Services provided. Save only to the extent expressly agreed pursuant to any Anti-Fraud Protection Additional Service the Supplier may agree to provide, the Supplier shall not be held liable for any costs associated with fraudulent calls made via the Services, howsoever caused. The Customer agrees to take all reasonable steps to prevent any such fraudulent calls. These steps must include, but are not limited to, adopting any security measures notified to it by, or recommended by, the Supplier from time, and adopting all reasonable security measures within their telephone systems (including without limitation keeping any passwords robust and confidential). Non-compliance may result in exclusion of any Anti-Fraud Protection Additional Service offered by the Supplier. Notwithstanding the foregoing, the Supplier reserves the right to take such actions as it deems reasonably necessary to prevent any fraudulent actions of which it may become aware, including without limitation by limiting access to international calls, to certain lines or to other telecommunications systems. 2.5 2.7 The Customer shall not engage in any fraudulent or improper use of the Services, or any use that would breach the Supplier’s Fair Usage Policy or any applicable OFCOM terms. 2.6 2.8 Where the Services comprise a VoIP (Voice over Internet Protocol) telephony service: 2.6.1 2.8.1 the Customer should note that their ability to call emergency organisations (i.e. police, fire, ambulance or coastguard services) may cease if there is a power cut or power failure, or a failure of the internet connection on which the VoIP service relies; 2.6.2 2.8.2 where the VoIP telephony service is to be used principally at a single fixed location, the Customer is advised to register with the Supplier the address of the place where the service is to be used prior to its activation, and update that address information if there is any change; 2.6.3 2.8.3 where the VoIP telephony service is to be accessed from multiple locations, the Customer is advised to register and update the location information associated with it, whenever accessing the VoIP telephony service from a new location. 2.6.4 2.8.4 The Suppliers HiHi VoIP system will only operate whilst the SIP numbers/SIP trunks provided pursuant to the Services are hosted on the Supplier’s network. Should the SIP numbers/SIP trunks be moved to another telecoms provider at the Customer’s request, the Supplier’s HiHi VoIP system will no longer operate. However, in these circumstances the Customer will remain liable for the remainder of the equipment leasing term (which itself is a reflection of the separate leasing arrangement funding the provision of the equipment). 2.8.5 The Supplier cannot guarantee and does not warrant that the Service(s) will be free of interruptions or will be fault- free, and the Supplier will not be held liable for any loss or damages should the Service be interrupted from time to time. The Customer accepts that there may also be degradation in the quality of the Service from time to time and subject always to clause (18.1) below, the Supplier will not be liable for any loss or damages should the quality of the Service provided be affected by such Matters.

SUPPLY OF THE SERVICE. 2.1 The Supplier cannot guarantee and does not warrant that Agreement shall commence upon the Service(sdate of signing. The Minimum Contract Period (Minimum Term) for the applicable Services will be free commence from the first day of interruptions or will be fault- freethe month following the porting of the Services, (the port date), and shall continue unless terminated early in accordance with condition 6, for the Supplier will not be held liable for any loss or damages should the Service be interrupted from time to timeMinimum Term. The Customer accepts that there may also be degradation in the quality Following expiry of the Service from time to time and subject always to clause (19.1) belowMinimum Term, the Supplier will not be liable Contract shall automatically renew for any loss or damages should an additional 12 months, unless a party gives written notice to the quality other party no later than 90 days before the expiry of the Service provided be affected by such MattersMinimum Term, or any subsequent renewed term. 2.2 If the Customer is a Microenterprise or Small Enterprise Customer, or a Not-For-Profit Customer, the Minimum Term shall not be more than 24 months for the relevant Services, unless expressly agreed otherwise by the customer. 2.3 If the customer is a Microenterprise or Small Enterprise Customer, or a Not-For-Profit Customer, the Contract shall automatically continue at the end of the Minimum Term until the Customer gives to the Supplier, not less than 30 days’ written notice to terminate the Contract. 2.4 During the Minimum Term, and any extended term thereafter, the Supplier may also supply Additional Services either as detailed below, or as otherwise agreed between the Supplier and the Customer. Where Additional Services are agreed to be provided, references to Services in these Terms include such Additional Services. 2.3 2.5 Call Recording functionality is included as part of the Service and recordings are stored free of charge for 6 months. The Customer can alter the period for which call recordings are stored at any time using their call recording portal. Call storage exceeding the free 6-month allowance (Additional Call Recording Storage) will incur additional storage charges. Call recordings will be deleted after 6 months if additional storage is not requested and paid for. 2.4 2.6 The Customer shall be responsible for the cost of all calls made, and recorded by the Supplier as having been made, in respect of the Services provided. Save only to the extent expressly agreed pursuant to any Anti-Fraud Protection Additional Service the Supplier may agree to provide, the Supplier shall not be held liable for any costs associated with fraudulent calls made via the Services, howsoever caused. The Customer agrees to take all reasonable steps to prevent any such fraudulent calls. These steps must include, but are not limited to, adopting any security measures notified to it by, or recommended by, the Supplier from time, and adopting all reasonable security measures within their telephone systems (including without limitation keeping any passwords robust and confidential). Non-compliance may result in exclusion of any Anti-Fraud Protection Additional Service offered by the Supplier. Notwithstanding the foregoing, the Supplier reserves the right to take such actions as it deems reasonably necessary to prevent any fraudulent actions of which it may become aware, including without limitation by limiting access to international calls, to certain lines or to other telecommunications systems. 2.5 2.7 The Customer shall not engage in any fraudulent or improper use of the Services, or any use that would breach the Supplier’s Fair Usage Policy or any applicable OFCOM terms. 2.6 2.8 Where the Services comprise a VoIP (Voice over Internet Protocol) telephony service: 2.6.1 2.8.1 the Customer should note that their ability to call emergency organisations (i.e. police, fire, ambulance or coastguard services) may cease if there is a power cut or power failure, or a failure of the internet connection on which the VoIP service relies; 2.6.2 2.8.2 where the VoIP telephony service is to be used principally at a single fixed location, the Customer is advised to register with the Supplier the address of the place where the service is to be used prior to its activation, and update that address information if there is any change; 2.6.3 2.8.3 where the VoIP telephony service is to be accessed from multiple locations, the Customer is advised to register and update the location information associated with it, whenever accessing the VoIP telephony service from a new location. 2.6.4 2.8.4 The Suppliers HiHi VoIP system will only operate whilst the SIP numbers/SIP trunks provided pursuant to the Services are hosted on the Supplier’s network. Should the SIP numbers/SIP trunks be moved to another telecoms provider at the Customer’s request, the Supplier’s HiHi VoIP system will no longer operate. However, in these circumstances the Customer will remain liable for the remainder of the equipment leasing term (which itself is a reflection of the separate leasing arrangement funding the provision of the equipment). 2.8.5 The Supplier cannot guarantee and does not warrant that the Service(s) will be free of interruptions or will be fault- free, and the Supplier will not be held liable for any loss or damages should the Service be interrupted from time to time. The Customer accepts that there may also be degradation in the quality of the Service from time to time and subject always to clause (18.1) below, the Supplier will not be liable for any loss or damages should the quality of the Service provided be affected by such Matters.