Common use of THE TELECOM SERVICES Clause in Contracts

THE TELECOM SERVICES. 2.1 We shall provide You with the Telecom Services in accordance with this Agreement using reasonable skill and care. 2.2 BY ENTERING INTO THIS AGREEMENT, YOU APPOINT US AS THE EXCLUSIVE SUPPLIER OF THE TELECOM SERVICES AND YOU SHALL NOT APPOINT A THIRD PARTY TO PROVIDE SERVICES SIMILAR TO OR IDENTICAL TO “THE TELECOM SERVICES” WITHOUT OUR PRIOR WRITTEN CONSENT (SUCH CONSENT WILL NOT BE WITHHELD WHERE WE ARE UNABLE TO PROVIDE THE SERVICES OFFERED BY THE THIRD PARTY). 2.3 We are willing to enter into this Agreement principally because of the monthly call spend which We anticipate You will generate. If at any time Your monthly call spend falls beneath 75% of the anticipated monthly call spend (other than due to circumstances beyond Your reasonable control), You will be regarded as having committed a material breach which is incapable of remedy, for the purposes of clause 10.1.2. 2.4 We cannot guarantee that the Telecom Services will operate free from any faults, however, where We are responsible, We shall use reasonable endeavours to correct faults as soon as is reasonably practicable and in accordance with any Maintenance Services which We have agreed to supply to You. Some faults in the Telecom Services will not be under Our control because they are due to a problem in a network or equipment provided by third parties. As a result, We are unable to guarantee that the Telecom Services will be secure, uninterrupted or error free, or that You will be able to access the Telecom Services at all times. 2.5 The parties acknowledge that in entering into this Agreement they have not relied on any representation, warranty, agreement or statement not set out in this Agreement and that (in the absence of fraud) the only remedy available for breach of this Agreement, is for breach of contract.