The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements form. The combination of which will form a service contract between the parties. 1.2 All details specified on the Service Agreement are based on information supplied by you and/or collected during a site survey, and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below. 1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, or Service Fee require amending. 1.4 Where we determine that amendments are required, we will submit to you a replacement Service Agreement, reflecting any such changes. If the replacement Service Agreement is agreed by you, that replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence. 1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmation, we will confirm the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead times. 1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only. 1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay. 1.8 To enable us to provide the Installation Service, you will: 1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk, 1.8.2 connect any tail circuits to your network in accordance with our instructions, 1.8.3 provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service, 1.8.4 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions, 1.8.5 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
Appears in 5 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services,
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access, and
1.8.7 take necessary steps to manage your network and internal infrastructure to prevent conflicts with the Horizon service that may result in fault or failure of the Horizon service.
1.8.8 Any failure to do any of the things detailed in this clause 1.8 may result in the need to reschedule your installation and you may incur aborted visit charges and new appointment times and charges which will be subject to new lead times. Any failure to do any of the things detailed in this clause 1.8 which results in configuration issues on the Equipment may result in you being charged for any reconfiguration work or for replacement Equipment.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your Horizon Service includes our Ethernet or Assured access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non-Gamma access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the Horizon Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.25 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements form. The combination of which will form a service contract between the parties.
1.2 All details specified on the Service Agreement are based on information supplied by you and/or collected during a site survey, and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement Service Agreement, reflecting any such changes. If the replacement Service Agreement is agreed by you, that replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead times.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
Appears in 2 contracts
Samples: Service Agreement, Ethernet Service Agreement
The Service. 1.1 1.1. We will supply you with the services in accordance with our terms and conditions and the accompanying signed Service Agreement Sales Order Form and fully completed customer requirements requirement form. The , the combination of which will form a service contract The Agreement between the parties.
1.2 1.2. All details specified on the Service Agreement proposal document, sales order form and customer requirements form (CRF) are based on information supplied by you and/or collected during a site survey, survey (remote or onsite) and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 1.3. We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 1.4. Where we determine that amendments are required, we will submit to you a replacement Service Agreement, proposal document and sales order form reflecting any such changes. If the replacement Service Agreement sales order form is agreed by youyou in writing or by email, that the replacement Service Agreement sales order form will immediately supersede the original Service Agreement sales order form (which will be immediately cancelled). If you do not agree the replacement Service AgreementSales Order Form, both the original Service Agreement Sales Order Form and replacement Service Agreement Sales Order Form will be cancelled by us 14 days after notification of such amendments. In some cases cases, we will not provide a replacement Service Agreement Sales Order Form and any amendments to the Service or the charges may be agreed instead by email correspondencecorrespondence which will form a binding record of the changes agreed between us.
1.5 1.5. Following the completion of the surveys and, if required, the agreeing signing of the replacement Service Agreement or email confirmationsales order form, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesdelivery and service will commence.
1.6 1.6. We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only. Please see the Connexin Customer Handbook for more information.
1.7 1.7. Throughout the provisioning delivery process, we will need to communicate with named member(s) of your staff to arrange access to your premisespremises (if a site visit is required). Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 1.8. To enable us to provide the Installation Serviceinstallation service, you will:
1.8.1 prepare 1.8.1. Prepare the Sites sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply (if power supply units have not been purchased) and arranging alternative power supplies if any temporary supply fails. Installing Installation engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide 1.8.2. Provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 provide 1.8.3. Provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 promptly 1.8.4. Promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5. Obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services,
1.8.6. Put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access, and
1.8.7. Take necessary steps to manage your network and internal infrastructure to prevent conflicts with the HPS service that may result in fault or failure of the HPS service.
1.8.8. Any failure to do any of the things detailed in this clause 1.8 may result in the need to reschedule your installation and you may incur aborted visit charges and new appointment times and charges which will be subject to new lead times. Any failure to do any of the things detailed in this clause 1.8 which results in configuration issues on the Equipment may result in you being charged for any reconfiguration work or for replacement Equipment.
1.8.9. All Equipment provided by us such as handsets will remain our property. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us in good working and cosmetic conditions on termination of your contract for any reason.
1.8.10. We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to: • the distance between a Site and our point of presence or its underlying service provider, • if a site survey finds that a site is not suitable for the provision of the Service, • if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.9. We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.10. Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.11. Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to: • the inability of us or our subcontractor, through no fault of our / their own, to complete the work. • the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work, • the appointment is broken by you, • your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or • any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.12. Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.13. If your HPS Service includes our Ethernet or Wireless access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.14. We will maintain your Service to the Service Demarcation Point.
1.15. Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.16. We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.17. We will provide you with an online portal through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such portal 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.18. The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However, these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances, you should use a separate line to make the emergency call. Furthermore, it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.19. Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non-Connexin access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the HPS Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.20. Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.21. At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.22. Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 2 contracts
Samples: Hosted Phone System Agreement, Hosted Phone System Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. You are also responsible for making sure any equipment not supplied by us is approved by Simple. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your IP voice services Service includes our Ethernet or broadband products then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However, these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore, it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the IP voice services Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.25 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our these terms and conditions and the accompanying signed Service Agreement and fully completed customer requirements formAgreement. The combination of which will form a service contract between the parties.
1.2 All details specified on the Service Agreement are based on information supplied by you and/or collected during a site survey, and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement Service Agreement, reflecting any such changes. If the replacement Service Agreement is agreed by you, that replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmation, we will confirm the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead times.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveySite survey (remote or onsite), and may be subject to amendment in accordance with Clauses clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third-party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services,
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access, and
1.8.7 take necessary steps to manage your network and internal infrastructure to prevent conflicts with the Horizon service that may result in fault or failure of the Horizon service.
1.8.8 Any failure to do any of the things detailed in this clause 1.8 may result in the need to reschedule your installation and you may incur aborted visit charges and new appointment times and charges which will be subject to new lead times. Any failure to do any of the things detailed in this clause 1.8 which results in configuration issues on the Equipment may result in you being charged for any reconfiguration work or for replacement Equipment.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our office or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory Site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our/their own, to complete the work;
b) the inability of us or our subcontractor to gain access to the Site or Sites or any part thereof which is necessary for the work;
c) the appointment is broken by you;
d) your failure to prepare the Site in accordance with 1.8 or any other preparatory instructions we may have given you; or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your Horizon Service includes our Ethernet or Assured access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such Site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and any other form are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provides us with access.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your Horizon Service includes our Ethernet or Assured access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available. 1.19
1.19 We can on request provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non- One2call access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the Horizon Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.25 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 1.1. We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement Sales Order Form and fully completed customer requirements form. The combination of which will form a service contract the Agreement between the parties.
1.2 1.2. All details specified on the Service Agreement Sales Order Form are based on information supplied by you and/or collected during a site survey, and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 1.3. We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, or Service Fee require amending.
1.4 1.4. Where we determine that amendments are required, we will submit to you a replacement Service AgreementSales Order Form, reflecting any such changes. If the replacement Service Agreement Sales Order Form is agreed by you, that replacement Service Agreement Sales Order Form will immediately supersede the original Service Agreement Sales Order Form (which will be immediately cancelled). If you do not agree the replacement Service AgreementSales Order Form, both the original Service Agreement Sales Order Form and replacement Service Agreement Sales Order Form will be cancelled by us 14 days after notification of such amendments. In some cases cases, we will not provide a replacement Service Agreement Sales Order Form and any amendments to the Service or the charges may be agreed instead by email correspondence.correspondence which will form a binding record of the changes agreed between us,
1.5 1.5. Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement Sales Order Form or email confirmation, we will confirm the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead times.
1.6 1.6. We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 1.7. Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 1.8. To enable us to provide the Installation Service, you will:
1.8.1 1.8.1. prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 1.8.2. connect any tail circuits to your network in accordance with our instructions,
1.8.3 1.8.3. provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.4. provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.5. promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,, 1.8.5 obtain all third party consents, licenses and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
Appears in 1 contract
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provides us with access.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your Xelion Service includes our Ethernet or Assured access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non-Xxxxxx Technology access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the Xelion Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.25 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services,
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access, and
1.8.7 take necessary steps to manage your network and internal infrastructure to prevent conflicts with the Hosted Telephony service that may result in fault or failure of the Hosted Telephony service.
1.8.8 Any failure to do any of the things detailed in this clause 1.8 may result in the need to reschedule your installation and you may incur aborted visit charges and new appointment times and charges which will be subject to new lead times. Any failure to do any of the things detailed in this clause 1.8 which results in configuration issues on the Equipment may result in you being charged for any reconfiguration work or for replacement Equipment.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our/their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your Hosted Telephony Service includes our Ethernet access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore, it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the Non-Data Pacific Access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the Hosted Telephony Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third-party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Master Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provides us with access.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your NFON Service includes our Ethernet or Assured access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non-CCL access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the NFON Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.25 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 1 contract
Samples: Terms and Conditions
The Service. 1.1 2.1. We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements relevant order form, quote or proposal. The combination of which will form a service contract between the parties.
1.2 2.2. All details specified on the Service Agreement relevant order form, quote or proposal are based on information supplied by you and/or collected during a site survey, and may be subject to amendment in accordance with Clauses 1.4 2.4 to 1.6 2.6 below.
1.3 2.3. We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, or Service Fee require amending.
1.4 2.4. Where we determine that amendments are required, we will submit to you a replacement Service Agreementorder form, quote or proposal, or other communication reflecting any such changes. If the replacement Service Agreement is agreed by you, that replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled)Changes. If you do not agree the replacement Changes, the Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondenceChanges.
1.5 2.5. Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationChanges, we will confirm the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead times.
1.6 2.6. We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 2.7. Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 2.8. To enable us to provide the Installation Service, you will:
1.8.1 2.8.1. prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 2.8.2. connect any tail circuits to your network in accordance with our instructions,
1.8.3 2.8.3. provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 2.8.4. provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 2.8.5. promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
2.8.6. obtain all third party consents, licenses and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
2.8.7. put in place adequate security and virus checking procedures in relation to any computer facilities to which it provides us with access.
2.9. All Equipment provided by us will remain our property and we reserve the right to request return of the Equipment at your cost. You agree to return the equipment to us on termination of your contract for any reason.
2.10. We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
2.10.1. the distance between a site and the point of presence of our chosen Network provider or its underlying service provider,
2.10.2. if a site survey finds that a site is not suitable for the provision of the Service,
2.10.3. if you do not agree to pay the excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
2.11. We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the commissioning tests and, where applicable, the router installation, the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date (“the Installation Date”). The Service Commencement Date is subject to the installation of the required router (whether such is supplied and / or installed by us or not) and the completion of successful testing of the final installation with us and may be subsequent to the date when the Service is deemed ready for use as set out above. Where the Service is being used to provide connectivity to an IP telephony service the Service Commencement Date will be further contingent on you having successfully completed all necessary work on the provision of such IP telephony service.
2.12. Provision of the Service will be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
2.13. Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
2.13.1. the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
2.13.2. the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
2.13.3. the appointment is broken by the you,
2.13.4. your failure to prepare the site in accordance with Clause 2.8 or any other preparatory instructions we may have given you, or
2.13.5. any other reason where we or our subcontractor is not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
2.14. Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
2.15. Unless you have ordered an installation of the router, it is your responsibility to install a router at the Site or Sites where this is required and neither we nor our designated subcontractor shall bear any liability for failure to meet any Service Commencement Date due to delay in the installation of such router.
2.16. We will maintain your Service to the Service Demarcation Point.
2.17. Where we agree you may use/supply your own router for the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result.
2.18. If you request and we agree to upgrade your bandwidth then additional charges may apply and we will advise you of these at the time.
2.19. The FTTC Ethernet Service requires a PSTN line for service delivery and that line should have no other services or features attached to the line. The line should have a minimum Level 4 maintenance care. We will not accept an order for this Service if no such line is present. Where we install a new PSTN line for the Service this will affect the lead times for delivery of the service. The line will be subject to a separate charge.
2.20. Any FTTC Ethernet Service will cease automatically if the underlying PSTN line is ceased. However you will remain liable for any recurring fixed charges for the remainder of the contract for the affected FTTC Ethernet Service.
2.21. Any internal line shift carried out on the underlying PSTN line supporting the FTTC Ethernet Service may impact on the FTTC Ethernet speed (either slower or faster speed).
2.22. The fault resolution time for the FTTC Ethernet Service does not include any time taken to first resolve any PSTN faults affecting the availability or performance of the FTTC Ethernet Service. The target fault resolution time will commence from the time that it is established that the PSTN line is in working order and is not affecting the FTTC Ethernet Service. If you do not have Level 4 maintenance care then you accept and agree that any fault resolution will be in accordance with the specific care level on the line at the time.
2.23. Orders for the FTTC Ethernet Service will only be accepted where the predicted line speed is greater than 2Mbps in the downstream direction. Any orders with a predicted line speed below this will be cancelled and any Charges invoiced to you will be credited.
2.24. Actual available FTTC Ethernet line speed will be confirmed during the provisioning process. If the maximum upstream line speed is lower than originally ordered, we will process the order to allow the confirmed highest available downstream speed. For example, if a 20Mbps service is ordered but the maximum available upstream line speed is 18Mbps, the order will be processed as a 20Mbps service however the actual usable line speeds will be 20Mbps in the downstream direction and 18Mbps in the upstream direction.
Appears in 1 contract
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements requirement form. The , the combination of which will form a service contract between the parties.
1.2 All details specified on the proposal document, Service Agreement and customer requirements form (CRF) are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and Service Agreement, Agreement reflecting any such changes. If the replacement Service Agreement is agreed by youyou in writing or by email, that the replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmationAgreement, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. You are also responsible for making sure any equipment not supplied by us is approved by B4B. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access.
1.9 All Equipment provided by us will remain our property until paid for in full. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason.
1.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.10.1 the distance between a Site and our point of presence or its underlying service provider,
1.10.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.10.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.15 If your IP voice services Service includes our Ethernet or broadband products then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.16 We will maintain your Service to the Service Demarcation Point.
1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.19 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.20 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.21 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However, these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore, it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.22 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the IP voice services Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.23 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.24 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.25 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 1 contract
Samples: Service Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement 21CNS Terms and fully completed customer requirements form. The combination of which will form a service contract between the partiesConditions.
1.2 All details specified on the Service Agreement final quote, 21CNS Terms and Conditions and are based on information supplied by you and/or collected during a site surveysurvey (remote or onsite), and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, Fee or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement Service Agreement, quote and 21CNS Terms and Conditions reflecting any such changes. If the replacement Service Agreement 21CNS Terms and Conditions is agreed by youyou in writing or by email, that the replacement Service Agreement 21CNS Terms and Conditions will immediately supersede the original Service Agreement 21CNS Terms and Conditions (which will be immediately cancelled). If you do not agree the replacement Service Agreement21CNS Terms and Conditions, both the original Service Agreement 21CNS Terms and Conditions and replacement Service Agreement 21CNS Terms and Conditions will be cancelled by us 14 days after notification of such amendments. In some cases we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmation21CNS Terms and Conditions, we will confirm to you when the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead timesService will commence.
1.6 We will use reasonable endeavours endeavors to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites Sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
1.8.5 obtain all third party consents, licenses and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services, and
1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provides us with access.
1.9 All Equipment provided by us for the use of this contract (equipment includes but is not limited to Handsets, Headsets, power units and Routers) will remain our property unless paid for in full at the outset of this agreement.
1.10 Where Equipment is provided as part of a monthly Service Fee or is not paid for in full (as described for in term 1.9) you will return all of the Equipment provided to you during this contract to 21CNS in good condition and full working order at your cost on termination of your contract for any reason.
1.11 If you do not return any equipment we have provided in the use of services under this agreement, as described in 1.10 you will be immediately liable to pay the recommended retail price of the equipment at the time of the termination of contract plus a £25 per unit administration fee.
1.12 You are required to protect your equipment with adequate business insurance for loss, theft or damage for any reason. You may either provide us with a copy of your business insurance or pay a small monthly asset insurance fee to us, this is individual to each purchase depending on the quantity and type of equipment provided but is a nominal amount cost available on request.
1.13 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:
1.13.1 the distance between a Site and our point of presence or its underlying service provider,
1.13.2 if a site survey finds that a site is not suitable for the provision of the Service,
1.13.3 if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.
1.14 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.
1.15 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.
1.16 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:
a) the inability of us or our subcontractor, through no fault of our / their own, to complete the work,
b) the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
c) the appointment is broken by you,
d) your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or
e) any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.
1.17 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.
1.18 If your Hosted phone service solution includes our Ethernet, EFM or Assured access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.
1.19 We will maintain your Service to the Service Demarcation Point.
1.20 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.
1.21 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.
1.22 We will provide you with an internet portal account through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such account 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.
1.23 If you request and we agree to upgrade your bandwidth of the underlying access then additional charges will apply and we will advise you of these at the time.
1.24 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances you should use a separate line to make the emergency call. Furthermore it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.
1.25 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non-21CNS access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the Hosted phone service solution will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.
1.26 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.
1.27 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.
1.28 Where we provide you with any of the user based features (including but not limited to auto attendant, xxxx group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.
Appears in 1 contract
Samples: Hosted Phone Services Agreement
The Service. 1.1 We will supply you with the services in accordance with our conditions and the accompanying signed Service Agreement and fully completed customer requirements form. The combination of which will form a service contract between the parties.
1.2 All details specified on the Service Agreement are based on information supplied by you and/or collected during a site survey, and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.
1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Service Commencement Date, Installation Fee, or Service Fee require amending.
1.4 Where we determine that amendments are required, we will submit to you a replacement Service Agreement, reflecting any such changes. If the replacement Service Agreement is agreed by you, that replacement Service Agreement will immediately supersede the original Service Agreement (which will be immediately cancelled). If you do not agree the replacement Service Agreement, both the original Service Agreement and replacement Service Agreement will be cancelled by us 14 days after notification of such amendments. In some cases cases, we will not provide a replacement Service Agreement and any amendments to the Service or the charges may be agreed instead by email correspondence.
1.5 Following the completion of the surveys and, if required, the agreeing of the replacement Service Agreement or email confirmation, we will confirm the Contractual Delivery Date to you. The Contractual Delivery Date may be later than your Required Date if the Required Date falls before the minimum order lead times.
1.6 We will use reasonable endeavours endeavors to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only.
1.7 Throughout the provisioning process, we will need to communicate with named member(s) of your staff to arrange access to your premises. Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.
1.8 To enable us to provide the Installation Service, you will:
1.8.1 prepare the Sites and your networks in accordance with our instructions. For the installation a minimum of two 13 amp AC outlets will be required for each NTE. The installing engineer will require access to further sockets for test equipment and commissioning. You are responsible, at your own cost, for the power supply and arranging alternative power supplies if any temporary supply fails. Installing engineers may refuse to install equipment if they perceive a hazard or risk,
1.8.2 connect any tail circuits to your network in accordance with our instructions,
1.8.3 provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,
1.8.4 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,
1.8.5 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,
Appears in 1 contract
Samples: Service Agreement
