Common use of Variation of Services Clause in Contracts

Variation of Services. 11.1 HBT shall be entitled, upon giving not less than thirty (30) days’ notice to the Customer where practical, to make variations and additions to the Services and these Terms and Conditions from time to time (acting reasonably) including:- 11.1.1 to improve or add to the Services; 11.1.2 to pass through any change made by any Third Party Service Provider to any Third Party Services; 11.1.3 in order to comply with any law or legal obligation (whether under common law, statute, tort or otherwise), or any change to any law or legal obligation; 11.1.4 in order to comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Office of Communications; and/or 11.1.5 in order to maintain the integrity or security of the Services and/or any part of the systems use or to provide the Services. For the avoidance of doubt, HBT shall not be obliged to give any greater notice of any changes by a Third Party Service Provider than the Third Party Service Provider gives to HBT. 11.2 HBT may at any time change the Services if it needs to do so to comply with any applicable safety or other statutory requirements or where the change does not materially detract from the quality or performance of the Services. 11.3 In relation to any Third Party Services, including any elements which are sub-contracted to or supplied by third parties, and any third party premises that may host any systems used to provide the Services, the following terms will apply: 11.3.1 HBT shall use all reasonable endeavours to monitor and supervise the supply of such Third Party Services, but, HBT shall not otherwise be responsible for or liable for any malfunction, failure, non-operation, default, or non-availability of such Third Party Services, unless due to HBT's negligence or default; 11.3.2 if the third party changes its specifications for the Third Party Services after the date of this Contract, or that third party replaces the same with a new version, or ceases to supply the same, or HBT decides to replace the same, HBT shall be entitled (without prejudice to any of its other rights and remedies) to substitute for the Third Party Services an alternative which shall as far as is reasonably possible provide substantially the same functionality, and to make a reasonable resulting variation to the Charges and other terms of this Contract. HBT would as far as practicable pre-plan this with the Customer; 11.3.3 if the third party increases its charges for the Third Party Services, HBT shall be entitled to make a resulting increase to the Charges to pass on the cost increase in accordance with clause 5.3; and 11.3.4 HBT may change the Third Party Service Provider at any time. In such case, this may involve a temporary suspension in the Service and re set-up.

Appears in 2 contracts

Samples: Calls and Lines Services Terms and Conditions, Calls and Lines Services Terms and Conditions

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Variation of Services. 11.1 HBT CYMRU FIBRE shall be entitled, upon giving not less than thirty (30) days’ notice to the Customer where practical, to make variations and additions to the Services and these Terms and Conditions from time to time (acting reasonably) including:- 11.1.1 to improve or add to the Services; 11.1.2 to pass through any change made by any Third Party Service Provider to any Third Party Services; 11.1.3 in order to comply with any law or legal obligation (whether under common law, statute, tort or otherwise), or any change to any law or legal obligation; 11.1.4 in order to comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Office of Communications; and/or 11.1.5 in order to maintain the integrity or security of the Services and/or any part of the systems use or to provide the Services. For the avoidance of doubt, HBT CYMRU FIBRE shall not be obliged to give any greater notice of any changes by a Third Party Service Provider than the Third Party Service Provider gives to HBTCYMRU FIBRE. 11.2 HBT CYMRU FIBRE may at any time change the Services if it needs to do so to comply with any applicable safety or other statutory requirements or where the change does not materially detract from the quality or performance of the Services. 11.3 In relation to any Third Party Services, including any elements which are sub-contracted to or supplied by third parties, and any third party premises that may host any systems used to provide the Services, the following terms will apply: 11.3.1 HBT CYMRU FIBRE shall use all reasonable endeavours to monitor and supervise the supply of such Third Party Services, but, HBT but CYMRU FIBRE shall not otherwise be responsible for or liable for any malfunction, failure, non-operation, default, or non-availability of such Third Party Services, unless due to HBTCYMRU FIBRE's negligence or default; 11.3.2 if the third party changes its specifications for the Third Party Services after the date of this Contract, or that third party replaces the same with a new version, or ceases to supply the same, or HBT CYMRU FIBRE decides to replace the same, HBT CYMRU FIBRE shall be entitled (without prejudice to any of its other rights and remedies) to substitute for the Third Party Services an alternative which shall as far as is reasonably possible provide substantially the same functionality, and to make a reasonable resulting variation to the Charges and other terms of this Contract. HBT CYMRU FIBRE would as far as practicable pre-plan this with the Customer; 11.3.3 if the third party increases its charges for the Third Party Services, HBT CYMRU FIBRE shall be entitled to make a resulting increase to the Charges to pass on the cost increase in accordance with clause 5.35.4; and 11.3.4 HBT CYMRU FIBRE may change the Third Party Service Provider at any time. In such case, this may involve a temporary suspension in the Service and re set-up. 11.4 If the Customer’s broadband connection fails, there is a power cut of power failure or there is a failure outside of CYMRU FIBRE’s control, the Service may also fail. CYMRU FIBRE shall not be liable to the Customer for any such failure to use the Service.

Appears in 1 contract

Samples: Hosting Services Terms and Conditions

Variation of Services. 11.1 HBT shall be entitled, upon giving not less than thirty (30) days’ notice to the Customer where practical, to make variations and additions to the Services Service and these Terms and Conditions from time to time (acting reasonably) including:- 11.1.1 to improve or add to the ServicesService; 11.1.2 to pass through any change made by any Third Party Service Provider to any Third Party Services; 11.1.3 in order to comply with any law or legal obligation (whether under common law, statute, tort or otherwise), or any change to any law or legal obligation; 11.1.4 in order to comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Office of Communications; and/or 11.1.5 in order to maintain the integrity or security of the Services Service and/or any part of the systems use or to provide the ServicesService. For the avoidance of doubt, HBT shall not be obliged to give any greater notice of any changes by a Third Party Service Provider than the Third Party Service Provider gives to HBT. 11.2 HBT may at any time change the Services Service if it needs to do so to comply with any applicable safety or other statutory requirements or where the change does not materially detract from the quality or performance of the ServicesService. 11.3 In relation to any Third Party Services, including any elements which are sub-contracted to or supplied by third parties, and any third party premises that may host any systems used to provide the ServicesService, the following terms will apply: 11.3.1 HBT shall use all reasonable endeavours to monitor and supervise the supply of such Third Party Services, but, HBT shall not otherwise be responsible for or liable for any malfunction, failure, non-operation, default, or non-availability of such Third Party Services, unless due to HBT's negligence or default; 11.3.2 if the third party changes its specifications for the Third Party Services after the date of this Contract, or that third party replaces the same with a new version, or ceases to supply the same, or HBT decides to replace the same, HBT shall be entitled (without prejudice to any of its other rights and remedies) to substitute for the Third Party Services an alternative which shall as far as is reasonably possible provide substantially the same functionality, and to make a reasonable resulting variation to the Charges and other terms of this Contract. HBT would as far as practicable pre-plan this with the Customer; 11.3.3 if the third party increases its charges for the Third Party Services, HBT shall be entitled to make a resulting increase to the Charges to pass on the cost increase in accordance with clause 5.3; and 11.3.4 HBT may change the Third Party Service Provider at any time. In such case, this may involve a temporary suspension in the Service and re set-up. 11.4 If the Customer’s broadband connection fails, there is a power cut of power failure or there is a failure outside of HBT’s control, the Service may also fail. HBT shall not be liable to the Customer for any such failure to use the Service. In addition, the Service does not allow calls to the emergency service numbers 999 or 112.

Appears in 1 contract

Samples: Business Broadband Voice (Voip) Agreement

Variation of Services. 11.1 HBT shall be entitled, upon giving not less than thirty (30) days’ notice to the Customer where practical, to make variations and additions to the Services and these Terms and Conditions from time to time (acting reasonably) including:- 11.1.1 to improve or add to the Services; 11.1.2 to pass through any change made by any Third Party Service Provider to any Third Party Services; 11.1.3 in order to comply with any law or legal obligation (whether under common law, statute, tort or otherwise), or any change to any law or legal obligation; 11.1.4 in order to comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Office of Communications; and/or 11.1.5 in order to maintain the integrity or security of the Services and/or any part of the systems use or to provide the Services. For the avoidance of doubt, HBT shall not be obliged to give any greater notice of any changes by a Third Party Service Provider than the Third Party Service Provider gives to HBT. 11.2 HBT may at any time change the Services if it needs to do so to comply with any applicable safety or other statutory requirements or where the change does not materially detract from the quality or performance of the Services. 11.3 In relation to any Third Party Services, including any elements which are sub-contracted to or supplied by third parties, and any third party premises that may host any systems used to provide the Services, the following terms will apply: 11.3.1 HBT shall use all reasonable endeavours to monitor and supervise the supply of such Third Party Services, but, but HBT shall not otherwise be responsible for or liable for any malfunction, failure, non-operation, default, or non-availability of such Third Party Services, unless due to HBT's negligence or default; 11.3.2 if the third party changes its specifications for the Third Party Services after the date of this Contract, or that third party replaces the same with a new version, or ceases to supply the same, or HBT decides to replace the same, HBT shall be entitled (without prejudice to any of its other rights and remedies) to substitute for the Third Party Services an alternative which shall as far as is reasonably possible provide substantially the same functionality, and to make a reasonable resulting variation to the Charges and other terms of this Contract. HBT would as far as practicable pre-plan this with the Customer; 11.3.3 if the third party increases its charges for the Third Party Services, HBT shall be entitled to make a resulting increase to the Charges to pass on the cost increase in accordance with clause 5.35.4; and 11.3.4 HBT may change the Third Party Service Provider at any time. In such case, this may involve a temporary suspension in the Service and re set-up. 11.4 If the Customer’s broadband connection fails, there is a power cut of power failure or there is a failure outside of HBT’s control, the Service may also fail. HBT shall not be liable to the Customer for any such failure to use the Service.

Appears in 1 contract

Samples: Hosting Services Terms and Conditions

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Variation of Services. 11.1 12.1 HBT shall be entitled, upon giving not less than thirty (30) days’ notice to the Customer where practical, to make variations and additions to the Services and these Terms and Conditions from time to time (acting reasonably) including:- 11.1.1 12.1.1 to improve or add to the Services; 11.1.2 12.1.2 to pass through any change made by any Third Party Service Provider to any Third Party Services; 11.1.3 12.1.3 in order to comply with any law or legal obligation (whether under common law, statute, tort or otherwise), or any change to any law or legal obligation; 11.1.4 12.1.4 in order to comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Office of Communications; and/or 11.1.5 12.1.5 in order to maintain the integrity or security of the Services and/or any part of the systems use or to provide the Services. For the avoidance of doubt, HBT shall not be obliged to give any greater notice of any changes by a Third Party Service Provider than the Third Party Service Provider gives to HBT. 11.2 12.2 HBT may at any time change the Services if it needs to do so to comply with any applicable safety or other statutory requirements or where the change does not materially detract from the quality or performance of the Services. 11.3 12.3 In relation to any Third Party Services, including any elements which are sub-contracted to or supplied by third parties, and any third party premises that may host any systems used to provide the Services, the following terms will apply: 11.3.1 12.3.1 HBT shall use all reasonable endeavours to monitor and supervise the supply of such Third Party Services, butbut except as otherwise provided in this Contract in respect of Third Party Services provided by the Hosting Service Provider, HBT shall not otherwise be responsible for or liable for any malfunction, failure, non-operation, default, or non-availability of such Third Party Services, unless due to HBT's negligence or default; 11.3.2 12.3.2 if the third party changes its specifications for the Third Party Services after the date of this Contract, or that third party replaces the same with a new version, or ceases to supply the same, or HBT decides to replace the same, except in respect of Third Party Services provided by the Hosting Service Provider, HBT shall be entitled (without prejudice to any of its other rights and remedies) to substitute for the Third Party Services an alternative which shall as far as is reasonably possible provide substantially the same functionality, and to make a reasonable resulting variation to the Charges and other terms of this Contract. HBT would as far as practicable pre-plan this with the Customer; 11.3.3 12.3.3 if the third party increases its charges for the Third Party Services, HBT shall be entitled to make a resulting increase to the Charges to pass on the cost increase in accordance with clause 5.3; and 11.3.4 12.3.4 HBT may change the Third Party Service Provider at any time. In such case, this may involve a temporary suspension in the Service and re set-up.

Appears in 1 contract

Samples: Hosting Services Terms and Conditions

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