Common use of SUPPLY OF THE SERVICE Clause in Contracts

SUPPLY OF THE SERVICE. 3.1 Our obligations to provide and to continue to provide the Service are conditional upon: a) us agreeing to accept you as a customer for the Service; b) you being a domestic consumer (and not a business) at a residential Address; c) us confirming that the Service is available at the Address and that we accept your application; d) you providing (for the duration of this Agreement) suitable hardware, software and telecommunications equipment necessary to access and use the Service; e) the Equipment being connected in accordance with the instructions supplied; f) you having completed a Direct Debit mandate and application form; g) you being at least 18 years old (or 16 years old in Scotland); and h) you at all times complying with the terms of this Agreement. 3.2 We shall supply the Service to the Address with effect from the Start Date unless and until suspended by us in accordance with this Agreement or terminated by either you or us in accordance with this Agreement. 3.3 We reserve the right to end this Agreement at any time prior to the Start Date for any reasonable reason and you will be notified in writing if we do so. 3.4 We shall exercise the reasonable skill and care of a competent telecommunications service provider and shall use reasonable endeavours to provide an uninterrupted Service. You accept that faults may occur from time to time and we shall have no responsibility to pay you compensation for any loss that could not have been reasonably expected. 3.5 We are responsible for loss or damage you suffer that can be reasonably expected as result of our material breach of this Agreement or our failure to use reasonable care and skill. 3.6 Whilst we provide the Service to you, you authorise us to act on your behalf and appoint us as your agent in all dealings with any Network Operator or service provider (as applicable) in connection with such Service. 3.7 We shall not be responsible if you are unable to use any part of the Service, if your equipment is malfunctioning or incompatible with the Service. It is your responsibility to ensure your equipment is maintained in working order. 3.8 If you are unable to use the Service for any reason (except where this is caused by our failure to exercise reasonable skill and care or our material breach of this Agreement) you shall remain responsible for paying the Charges.