End User Orders. 5.1 Each End User Order shall specify: (a) the full postal address of the End User Premises to which the Services are to be provided; and (b) the full SDI telephone number(s) of the Exchange Lines via which the Services are to be provided. For the avoidance of doubt, there shall be no requirement for the Customer to provide KCOM with details of the identity of the End Users when placing an End User Order. 5.2 The parties acknowledge that the Services can only be provided to End Users who have access to a Exchange Line terminating at an End User Premises located within the SMP Area. The Customer shall ensure that each End User has the necessary authority to use the relevant Exchange Line with the Services. In particular, where the End User is not the KCOM account holder for the Exchange Line, the Customer shall ensure that the End User has obtained the consent of the account holder to the use of the Exchange Line with the services. For the avoidance of doubt, there shall be no requirement for the End User to procure the relevant Exchange Line directly from KCOM. The End User shall be entitled to procure the relevant Exchange Line from either KCOM or a reseller of KCOM services. 5.3 The Customer shall ensure that each End User maintains all of the authorisations and consents referred to in clause 5.2 in relation to each Exchange Line for the duration of the relevant End User Order. The Customer acknowledges that KCOM will be required to comply with any request to terminate the provision of the Services on any Exchange Line that is made by the KCOM account holder for that Exchange Line. In such event, the End User Order for the provision of the Services on that Exchange Line shall terminate automatically. KCOM shall notify the Customer of any End User Order that is terminated in these circumstances. Additionally, where any End User Order is terminated during its Initial Term or otherwise on short notice in these circumstances then the Customer shall pay KCOM the Termination Payment specified in Schedule 3. 5.4 Where broadband services are already provided to a user over any Exchange Line specified in an End User Order (irrespective of whether such existing broadband services are provided by KCOM or a third party communications services provider), then KCOM shall be entitled to require the End User to comply with any reasonable migration process specified by KCOM from time to time. 5.5 Each End User Order shall specify the type of Service required for each of the Exchange Lines covered by the Order. The parties acknowledge that the Services are only available in the Service variance specified in the Service Description and the Price Manual. The parties further acknowledge that “IPLine Home” Services are only available for supply over residential Exchange Lines, “IPLine Office” Services are only available for supply over business Exchange Lines and that “IPLine Plus Services” are available for supply over either residential or business Exchange Lines. 5.6 The parties acknowledge that: (a) due to the characteristics of the copper loop cabling comprised in the KCOM Network, not all of the Service variance specified in the Service Description will be available over every KCOM Exchange Line; and (b) KCOM reserves the right to make additional charges at the rates set out in the Price Manual where the installation of an ADSL RJ 11 termination socket is required so that the Services can be provided over any KCOM Exchange Line. 5.7 Within 10 days of an End User Order being agreed between the parties, KCOM shall inform the Customer of: (a) the Proposed Start Date for the provision of Service on each of the KCOM Exchange Lines covered by the Order; (b) whether the type of Service required by the Customer can be provided on each of the Exchange Lines covered by the Order; and (c) whether additional charges will be due from the Customer for the installation of an ADSL RJ 11 termination socket on any Exchange line covered by the Order. In the event of KCOM informing the Customer that:
Appears in 2 contracts
Sources: Ipline Wholesale Access Services Agreement, Ipline Wholesale Access Services Agreement
End User Orders. 5.1 Each End User Order shall specify:
(a) the full postal address of the End User Premises to which the Services are to be provided; and
(b) the full SDI telephone number(s) of the Exchange Lines via which the Services are to be provided. For the avoidance of doubt, there shall be no requirement for the Customer to provide KCOM with details of the identity of the End Users when placing an End User Order.
5.2 The parties acknowledge that the Services can only be provided to End Users who have access to a an Exchange Line terminating at an End User Premises located within the SMP Area. The Customer shall ensure that each End User has the necessary authority to use the relevant Exchange Line with the Services. In particular, where the End User is not the KCOM account holder for the Exchange Line, the Customer shall ensure that the End User has obtained the consent of the account holder to the use of the Exchange Line with the services. For the avoidance of doubt, there shall be no requirement for the End User to procure the relevant Exchange Line directly from KCOM. The End User shall be entitled to procure the relevant Exchange Line from either KCOM or a reseller of KCOM services.
5.3 The Customer shall ensure that each End User maintains all of the authorisations and consents referred to in clause 5.2 in relation to each Exchange Line for the duration of the relevant End User Order. The Customer acknowledges that KCOM will be required to comply with any request to terminate the provision of the Services on any Exchange Line that is made by the KCOM account holder for that Exchange Line. In such event, the End User Order for the provision of the Services on that Exchange Line shall terminate automatically. KCOM shall notify the Customer of any End User Order that is terminated in these circumstances. Additionally, where any End User Order is terminated during its Initial Term or otherwise on short notice in these circumstances then the Customer shall pay KCOM the Termination Payment specified in Schedule 3.
5.4 Where broadband services are already provided to a user over any Exchange Line specified in an End User Order (irrespective of whether such existing broadband services are provided by KCOM or a third party communications services provider), then KCOM shall be entitled to require the End User to comply with any reasonable migration process specified by KCOM from time to time.
5.5 Each End User Order shall specify the type of Service required for each of the Exchange Lines covered by the Order. The parties acknowledge that the Services are only available in the Service variance specified in the Service Description and the Price Manual. The parties further acknowledge that “IPLine Home” IPHealthLine Max & Plus Services are only available for supply over residential Exchange Lines, “IPLine Office” Services are only available for supply over business Exchange Lines and that “IPLine Plus Services” are available for supply over either residential or business Exchange Lines.
5.6 The parties acknowledge that:
(a) due to the characteristics of the copper loop cabling comprised in the KCOM Network, not all of the Service variance specified in the Service Description will be available over every KCOM Exchange Line; and
(b) KCOM reserves the right to make additional charges at the rates set out in the Price Manual where the installation of an ADSL RJ 11 termination socket is required so that the Services can be provided over any KCOM Exchange Line.
5.7 Within 10 days of an End User Order being agreed between the parties, KCOM shall inform the Customer of:
(a) the Proposed Start Date for the provision of Service on each of the KCOM Exchange Lines covered by the Order;
(b) whether the type of Service required by the Customer can be provided on each of the Exchange Lines covered by the Order; and
(c) whether additional charges will be due from the Customer for the installation of an ADSL RJ 11 termination socket on any Exchange line covered by the Order. In the event of KCOM informing the Customer that:
(a) the Proposed Start Date will be more than 30 days after the date on which the End User Order has been agreed;
(b) the type of Service required by the Customer not being available; or
(c) additional charges being due for the installation of an ADSL RJ 11 termination socket, then the Customer shall be entitled to terminate the End User Order with respect to any of the Exchange Lines affected by such notification at any time during the period of 14 days following on from such notification without paying any termination payment or other damages to KCOM.
5.8 In order to enable KCOM to fulfil its obligations under any End User Order, the Customer shall:
(a) ensure that any necessary approvals for the installation and provision of the Services and installation of any related KCOM Equipment are obtained in relation to each End User Premises; and
(b) KCOM and its contractors are given reasonable access to the End User Premises as and when required for the installation and maintenance of the Services and any related KCOM Provided Equipment.
5.9 Subject to the Customer complying with its obligations under this Agreement, KCOM will use its reasonable endeavours to provide the Services specified in each End User Order by the Proposed Start Date for that End User Order. However, all start dates are estimates and KCOM will have no liability for any failure to meet any start dates.
5.10 The Customer will notify KCOM as soon as is reasonably practicable of any changes to the information or other details specified in any End User Order agreed between the parties.
5.11 The Customer shall be entitled to vary the bandwidth provided under any End User Order on the following terms;
(a) the Customer shall vary the bandwidth for any End User Order by serving a Variation Notice on KCOM;
(a) the Customer shall vary the bandwidth for any End User Order no more frequently that once in any calendar month;
(b) subject to the requisite capacity being available in the KCOM Network, KCOM will implement the requested change in bandwidth within 10 Working Days of the date on which the Variation Notice is served; and
(c) the Customer shall pay the Charges for varying the bandwidth for an End User Order detailed in the Price Manual.
Appears in 1 contract
Sources: Wholesale Services Agreement