SUSPENSION AND/OR TERMINATION OF NETWORK SERVICES. 6.6.1 Without prejudice to any other right of Digital Origin to suspend or terminate the Services under these Conditions, Digital Origin may at its sole discretion elect to suspend or block forthwith provision of the Network Services until further notice without further liability to the Client having given the Client reasonable notice either orally (confirming such notification in writing) or in writing in the event that: (a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date) or to comply with Digital Origin’s broadband acceptable use policy; (b) if the Client exceeds any credit limit agreed with Digital Origin and does not remedy the situation within fourteen (14) days of receiving a written notice to do so; (c) if the Client fails to comply with any of its obligations set out in this Agreement and/or any Contract which directly prevents Digital Origin from delivering the Services; (d) Digital Origin is obliged to comply with any law, regulation, court order or request order, instruction, direction, determination or consent by or of a governmental or regulatory authority or body or an emergency services organisation; (e) Digital Origin has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully; (f) any licence under which the Client has the right to run its telecommunications system and connect to the Network Services is revoked, amended or otherwise ceases to be valid; (g) where a Service is no longer provided by the applicable Service Provider and the same has been notified by Digital Origin to the Client at least thirty (30) days prior to the date of suspension and notwithstanding such notice, the Client has not contracted with Digital Origin for an alternative service or served fourteen (14) days’ notice to terminate the Service the subject of the suspension; (h) Digital Origin is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client; (i) if Digital Origin or any third party providing equipment or services to Digital Origin in connection with the provision of the Services requires to carry out any emergency maintenance or repair, which will include any necessary action to prevent interference with, damage to or degradation of the Digital Origin Network (in which case Digital Origin will give the Client, where practicable, a minimum of forty-eight (48) hours advance notice of such emergency maintenance or repair); (j) to carry out planned maintenance or upgrade of the Digital Origin Network or the Services in which Digital Origin will provide not less than forty-eight (48) hours prior notice of the suspension and, where practicable, will agree with the Client when the Services will be suspended and for how long; (k) the Client’s access to the Switching Equipment is withdrawn by the organisation financing such equipment; or (l) the Client purchases similar equipment to the Equipment and/or Leased Equipment from a supplier other than Digital Origin which interferes with the Contract either by disruption or a reduction in the use of the Services or which has any other material effect on the performance of the Contract. 6.6.2 The Client shall reimburse to Digital Origin all reasonable costs and expenses incurred by the implementation of a suspension pursuant to condition 6.6.1 and/or the recommencement of the provision of the Network Services as appropriate, save in the case of a suspension pursuant to condition 6.6.1(j). 6.6.3 Digital Origin will restore suspended Services as soon a reasonably practicable after the cause of the suspension has been rectified and/or has ceased to exist. In the event of any suspension pursuant to conditions 6.6.1 (i) and 6.6.1
Appears in 6 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
SUSPENSION AND/OR TERMINATION OF NETWORK SERVICES. 6.6.1 Without prejudice to any other right of Digital Origin Pericom to suspend or terminate the Services under these Conditions, Digital Origin Pericom may at its sole discretion elect to suspend or block forthwith provision of the Network Services until further notice without further liability to the Client having given the Client reasonable notice either orally (confirming such notification in writing) or in writing in the event that:
(a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin Pericom on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date) or to comply with Digital OriginPericom’s broadband acceptable use policy;
(b) if the Client exceeds any credit limit agreed with Digital Origin Pericom and does not remedy the situation within fourteen (14) days of receiving a written notice to do so;
(c) if the Client fails to comply with any of its obligations set out in this Agreement and/or any Contract which directly prevents Digital Origin Pericom from delivering the Services;
(d) Digital Origin Pericom is obliged to comply with any law, regulation, court order or request order, instruction, direction, determination or consent by or of a governmental or regulatory authority or body or an emergency services organisation;
(e) Digital Origin Pericom has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully;
(f) any licence under which the Client has the right to run its telecommunications system and connect to the Network Services is revoked, amended or otherwise ceases to be valid;
(g) where a Service is no longer provided by the applicable Service Provider and the same has been notified by Digital Origin Pericom to the Client at least thirty (30) days prior to the date of suspension and notwithstanding such notice, the Client has not contracted with Digital Origin Pericom for an alternative service or served fourteen (14) days’ notice to terminate the Service the subject of the suspensionthesuspension;
(h) Digital Origin Pericom is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client;
(i) if Digital Origin Pericom or any third party providing equipment or services to Digital Origin Pericom in connection with the provision of the Services requires to carry out any emergency maintenance or repair, which will include any necessary action to prevent interference with, damage to or degradation of the Digital Origin Pericom Network (in which case Digital Origin Pericom will give the Client, where practicable, a minimum of forty-eight (48) hours advance notice of such emergency maintenance or repair);
(j) to carry out planned maintenance or upgrade of the Digital Origin Pericom Network or the Services in which Digital Origin Pericom will provide not less than forty-eight (48) hours prior notice of the suspension and, where practicable, will agree with the Client when the Services will be suspended and for how long;
(k) the Client’s access to the Switching Equipment is withdrawn by the organisation financing such equipment; or
(l) the Client purchases similar equipment to the Equipment and/or Leased Equipment from a supplier other than Digital Origin Pericom which interferes with the Contract either by disruption or a reduction in the use of the Services or which has any other material effect on the performance of the Contract.
6.6.2 The Client shall reimburse to Digital Origin Pericom all reasonable costs and expenses incurred by the implementation of a suspension pursuant to condition 6.6.1 and/or the recommencement of the provision of the Network Services as appropriate, save in the case of a suspension pursuant to condition 6.6.1(j).
6.6.3 Digital Origin Pericom will restore suspended Services as soon a reasonably practicable after the cause of the suspension has been rectified and/or has ceased to exist. In the event of any suspension pursuant to conditions 6.6.1 (i) and 6.6.16.6.1 (j) (and where the issue giving rise to the suspension has not been caused by and/or arisen from an act or omission of the Client) Pericom will use all reasonable endeavours to limit the amount of time for which the Services are suspended.
6.6.4 Pericom shall not be liable to the Client for any charges incurred by the Client for the use of other telecommunications services whether provided by Pericom or any other person during any period of unavailability resulting from suspension of the Network Services by Pericom in accordance with this condition 6.
6.6.5 Without prejudice to any other right of termination under these Conditions, Pericom may terminate the Contract for Network Services forthwith in the event that its right or the right of the relevant Carrier to provide the Network Services is withdrawn by the Director General for Telecommunications pursuant to the General Conditions or otherwise.
6.6.6 On termination of the Contract for any reason the Client shall permit the disconnection of any Number from the Network Services.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
SUSPENSION AND/OR TERMINATION OF NETWORK SERVICES. 6.6.1 Without prejudice to any other right of Digital Origin Pericom to suspend or terminate the Services under these Conditions, Digital Origin Pericom may at its sole discretion elect to suspend or block forthwith provision of the Network Services until further notice without further liability to the Client having given the Client reasonable notice either orally (confirming such notification in writing) or in writing in the event that:
(a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin Pericom on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date) or to comply with Digital OriginPericom’s broadband acceptable use policy;
(b) if the Client exceeds any credit limit agreed with Digital Origin Pericom and does not remedy the situation within fourteen (14) days of receiving a written notice to do so;
(c) if the Client fails to comply with any of its obligations set out in this Agreement and/or any Contract which directly prevents Digital Origin Pericom from delivering the Services;
(d) Digital Origin Pericom is obliged to comply with any law, regulation, court order or request order, instruction, direction, determination or consent by or of a governmental or regulatory authority or body or an emergency services organisation;
(e) Digital Origin Pericom has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully;
(f) any licence under which the Client has the right to run its telecommunications system and connect to the Network Services is revoked, amended or otherwise ceases to be valid;
(g) where a Service is no longer provided by the applicable Service Provider and the same has been notified by Digital Origin Pericom to the Client at least thirty (30) days prior to the date of suspension and notwithstanding such notice, the Client has not contracted with Digital Origin Pericom for an alternative service or served fourteen (14) days’ notice to terminate the Service the subject of the suspension;
(h) Digital Origin Pericom is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client;
(i) if Digital Origin Pericom or any third party providing equipment or services to Digital Origin Pericom in connection with the provision of the Services requires to carry out any emergency maintenance or repair, which will include any necessary action to prevent interference with, damage to or degradation of the Digital Origin Pericom Network (in which case Digital Origin Pericom will give the Client, where practicable, a minimum of forty-eight (48) hours advance notice of such emergency maintenance or repair);
(j) to carry out planned maintenance or upgrade of the Digital Origin Pericom Network or the Services in which Digital Origin Pericom will provide not less than forty-eight (48) hours prior notice of the suspension and, where practicable, will agree with the Client when the Services will be suspended and for how long;
(k) the Client’s access to the Switching Equipment is withdrawn by the organisation financing such equipment; or
(l) the Client purchases similar equipment to the Equipment and/or Leased Equipment from a supplier other than Digital Origin Pericom which interferes with the Contract either by disruption or a reduction in the use of the Services or which has any other material effect on the performance of the Contract.
6.6.2 The Client shall reimburse to Digital Origin Pericom all reasonable costs and expenses incurred by the implementation of a suspension pursuant to condition 6.6.1 and/or the recommencement of the provision of the Network Services as appropriate, save in the case of a suspension pursuant to condition 6.6.1(j).
6.6.3 Digital Origin Pericom will restore suspended Services as soon a reasonably practicable after the cause of the suspension has been rectified and/or has ceased to exist. In the event of any suspension pursuant to conditions 6.6.1 (i) and 6.6.16.6.1 (j) (and where the issue giving rise to the suspension has not been caused by and/or arisen from an act or omission of the Client) Pericom will use all reasonable endeavours to limit the amount of time for which the Services are suspended.
6.6.4 Pericom shall not be liable to the Client for any charges incurred by the Client for the use of other telecommunications services whether provided by Pericom or any other person during any period of unavailability resulting from suspension of the Network Services by Pericom in accordance with this condition 6.
6.6.5 Without prejudice to any other right of termination under these Conditions, Pericom may terminate the Contract for Network Services forthwith in the event that its right or the right of the relevant Carrier to provide the Network Services is withdrawn by the Director General for Telecommunications pursuant to the General Conditions or otherwise.
6.6.6 On termination of the Contract for any reason the Client shall permit the disconnection of any Number from the Network Services.
Appears in 1 contract
Samples: Master Services Agreement
SUSPENSION AND/OR TERMINATION OF NETWORK SERVICES. 6.6.1 Without prejudice to any other right of Digital Origin Ezee Business Solutions to suspend or terminate the Services under these Conditions, Digital Origin Ezee Business Solutions may at its sole discretion elect to suspend or block forthwith provision of the Network Services until further notice without further liability to the Client having given the Client reasonable notice either orally (confirming such notification in writing) or in writing in the event that:
(a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin Ezee Business Solutions on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date) or to comply with Digital OriginEzee Business Solutions’s broadband acceptable use policy;
(b) if the Client exceeds any credit limit agreed with Digital Origin Ezee Business Solutions and does not remedy the situation within fourteen (14) days of receiving a written notice to do so;
(c) if the Client fails to comply with any of its obligations set out in this Agreement and/or any Contract which directly prevents Digital Origin Ezee Business Solutions from delivering the Services;
(d) Digital Origin Ezee Business Solutions is obliged to comply with any law, regulation, court order or request order, instruction, direction, determination or consent by or of a governmental or regulatory authority or body or an emergency services organisation;
(e) Digital Origin Ezee Business Solutions has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully;
(f) any licence under which the Client has the right to run its telecommunications system and connect to the Network Services is revoked, amended or otherwise ceases to be valid;
(g) where a Service is no longer provided by the applicable Service Provider and the same has been notified by Digital Origin Ezee Business Solutions to the Client at least thirty (30) days prior to the date of suspension and notwithstanding such notice, the Client has not contracted with Digital Origin Ezee Business Solutions for an alternative service or served fourteen (14) days’ notice to terminate the Service the subject of the suspension;
(h) Digital Origin Ezee Business Solutions is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client;
(i) if Digital Origin Ezee Business Solutions or any third party providing equipment or services to Digital Origin Ezee Business Solutions in connection with the provision of the Services requires to carry out any emergency maintenance or repair, which will include any necessary action to prevent interference with, damage to or degradation of the Digital Origin Ezee Business Solutions Network (in which case Digital Origin Ezee Business Solutions will give the Client, where practicable, a minimum of forty-eight (48) hours advance notice of such emergency maintenance or repair);
(j) to carry out planned maintenance or upgrade of the Digital Origin Ezee Business Solutions Network or the Services in which Digital Origin Ezee Business Solutions will provide not less than forty-eight (48) hours prior notice of the suspension and, where practicable, will agree with the Client when the Services will be suspended and for how long;
(k) the Client’s access to the Switching Equipment is withdrawn by the organisation financing such equipment; or
(l) the Client purchases similar equipment to the Equipment and/or Leased Equipment from a supplier other than Digital Origin Ezee Business Solutions which interferes with the Contract either by disruption or a reduction in the use of the Services or which has any other material effect on the performance of the Contract.
6.6.2 The Client shall reimburse to Digital Origin Ezee Business Solutions all reasonable costs and expenses incurred by the implementation of a suspension pursuant to condition 6.6.1 and/or the recommencement of the provision of the Network Services as appropriate, save in the case of a suspension pursuant to condition 6.6.1(j).
6.6.3 Digital Origin Ezee Business Solutions will restore suspended Services as soon a reasonably practicable after the cause of the suspension has been rectified and/or has ceased to exist. In the event of any suspension pursuant to conditions 6.6.1 6.6.1
(i) and 6.6.16.6.1 (j) (and where the issue giving rise to the suspension has not been caused by and/or arisen from an act or omission of the Client) Ezee Business Solutions will use all reasonable endeavours to limit the amount of time for which the Services are suspended.
6.6.4 Ezee Business Solutions shall not be liable to the Client for any charges incurred by the Client for the use of other telecommunications services whether provided by Ezee Business Solutions or any other person during any period of unavailability resulting from suspension of the Network Services by Ezee Business Solutions in accordance with this condition 6.
6.6.5 Without prejudice to any other right of termination under these Conditions, Ezee Business Solutions may terminate the Contract for Network Services forthwith in the event that its right or the right of the relevant Carrier to provide the Network Services is withdrawn by the Director General for Telecommunications pursuant to the General Conditions or otherwise.
6.6.6 On termination of the Contract for any reason the Client shall permit the disconnection of any Number from the Network Services.
Appears in 1 contract
Samples: Master Services Agreement
SUSPENSION AND/OR TERMINATION OF NETWORK SERVICES. 6.6.1 Without prejudice to any other right of Digital Origin AiMTECH Business Services to suspend or terminate the Services under these Conditions, Digital Origin AiMTECH Business Services may at its sole discretion elect to suspend or block forthwith provision of the Network Services until further notice without further liability to the Client having given the Client reasonable notice either orally (confirming such notification in writing) or in writing in the event that:
(a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin AiMTECH Business Services on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date) or to comply with Digital Origin’s AiMTECH Business Services’ broadband acceptable use policy;
(b) if the Client exceeds any credit limit agreed with Digital Origin AiMTECH Business Services and does not remedy the situation within fourteen (14) days of receiving a written notice to do so;
(c) if the Client fails to comply with any of its obligations set out in this Agreement and/or any Contract which directly prevents Digital Origin AiMTECH Business Services from delivering the Services;
(d) Digital Origin AiMTECH Business Services is obliged to comply with any law, regulation, court order or request order, instruction, direction, determination or consent by or of a governmental or regulatory authority or body or an emergency services organisation;
(e) Digital Origin AiMTECH Business Services has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully;
(f) any licence under which the Client has the right to run its telecommunications system and connect to the Network Services is revoked, amended or otherwise ceases to be valid;
(g) where a Service is no longer provided by the applicable Service Provider and the same has been notified by Digital Origin AiMTECH Business Services to the Client at least thirty (30) days prior to the date of suspension and notwithstanding such notice, the Client has not contracted with Digital Origin AiMTECH Business Services for an alternative service or served fourteen (14) days’ notice to terminate the Service the subject of the suspension;
(h) Digital Origin AiMTECH Business Services is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client;
(i) if Digital Origin AiMTECH Business Services or any third party providing equipment or services to Digital Origin AiMTECH Business Services in connection with the provision of the Services requires to carry out any emergency maintenance or repair, which will include any necessary action to prevent interference with, damage to or degradation of the Digital Origin AiMTECH Business Services Network (in which case Digital Origin AiMTECH Business Services will give the Client, where practicable, a minimum of forty-eight (48) hours advance notice of such emergency maintenance or repair);
(j) to carry out planned maintenance or upgrade of the Digital Origin Network or the Services in which Digital Origin will provide not less than forty-eight (48) hours prior notice of the suspension and, where practicable, will agree with the Client when the Services will be suspended and for how long;
(k) the Client’s access to the Switching Equipment is withdrawn by the organisation financing such equipment; or
(l) the Client purchases similar equipment to the Equipment and/or Leased Equipment from a supplier other than Digital Origin which interferes with the Contract either by disruption or a reduction in the use of the Services or which has any other material effect on the performance of the Contract.
6.6.2 The Client shall reimburse to Digital Origin all reasonable costs and expenses incurred by the implementation of a suspension pursuant to condition 6.6.1 and/or the recommencement of the provision of the Network Services as appropriate, save in the case of a suspension pursuant to condition 6.6.1(j).
6.6.3 Digital Origin will restore suspended Services as soon a reasonably practicable after the cause of the suspension has been rectified and/or has ceased to exist. In the event of any suspension pursuant to conditions 6.6.1 (i) and 6.6.1eight
Appears in 1 contract
Samples: Master Services Agreement