Common use of ORDERING AND PROVISION OF SERVICES Clause in Contracts

ORDERING AND PROVISION OF SERVICES. 3.1 The Customer may request Services from Sureline in accordance with the following procedure(s):- 3.1.1 The Customer shall request Services by signing and submitting an Order Form in respect of such Services. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Sureline for the provision of such Services and such offer shall remain valid for a period of 14 calendar days from the date that the Order Form is submitted to Sureline; 3.1.2 If Sureline declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form, as soon as reasonably practicable thereafter and no longer than within 14 calendar days; 3.1.3 If Sureline agrees to accept the Order Form, Sureline shall send confirmation of acceptance to the Customer [together with any applicable SOW] and the Customer shall be obliged to accept, the provision of the Services, subject always to the provisions of this Agreement. 3.2 The Customer will not be entitled to alter or change the Services during the Service Term without the prior written agreement of Sureline. Any such alteration may be subject to the payment of additional Fees as determined by Sureline. 3.3 Sureline will use all reasonable endeavours to comply with the Customer’s requests in relation to the installation of the Services. However, Sureline’s decision relating to the availability of the Services (or part thereof) will be final and binding. 3.4 Sureline will endeavour to install the Services in accordance with the Target Installation Date. However, Sureline shall not be liable for any failure to meet such dates as all dates referred to in relation to the Target Installation Dates and the Service Commencement Dates are estimates. 3.5 If required by Sureline, the Customer shall prepare the Premises in accordance with Sureline’s instructions and provide Sureline (or its third party suppliers) with reasonable access to the Premises at times to be agreed. 3.6 At any time during or at the end of the Service Term, Sureline has the right to upgrade and/or migrate Customers to a different level or type of service if, in the opinion of Sureline, the existing Services being provided to the Customer are or become inappropriate or insufficient to meet the Customer's requirements and as a result Sureline considers the Customer requires different Services which are more appropriate to the Customer's needs. Sureline may consult with the Customer if Sureline wishes to exercise its rights under this Clause. 3.6.1 If the Customer agrees to change the Services in accordance with Sureline’s recommendation, the Customer may be liable for the higher fees and costs associated with the upgraded and/or migrated Services and any termination or cancellation fees associated with the terminated Services. 3.6.2 If the Customer does not agree to the upgraded and/or migrated Services, Sureline shall be entitled to terminate the provision of the existing Services on providing a 30 day notice in writing. In the event that the Customer chooses not to upgrade and Sureline allows the Customer to continue using the existing Services, any applicable SLA ceases to apply. 3.7 Sureline may from time to time give directions about the use of the Services to the Customer which Sureline thinks is reasonably necessary in the interests of safety or the quality of service to Sureline's other customers. The Customer shall comply with all such directions. 3.7.1. Sureline will notify all Managed Hosting and Managed Applications customers on the release of any operating system critical patching as suggested by the operating system supplier. It is the responsibility of the customer to request the installation of patches through the Sureline solution support team. Patches will not be deployed without the explicit permission of the customer or Agent working on behalf of the customer. Should the customer fail to request these patches it is taken entirely at their own risk. 3.8 As part of its Service offering, Sureline may have to move the location of certain Sureline Equipment and/or Customer Equipment. The Customer agrees that upon receipt of prior notice from Sureline, Sureline shall be free to move any such Equipment as it sees fit and wherever possible Sureline will endeavour to minimise any adverse impact on the Services or incremental costs to the Customer associated with relocation. 3.9 Sureline reserves the right to alter any third party suppliers used to supply the Services. 3.10 The Customer may cancel the Services in full prior to the Target Installation Date by providing prior written notice to Sureline and payment of the Cancellation Fee set out in Clause 3.11 below. 3.10.1 The Contract Delivery Date is the date when Sureline commits to delivering the Service. In the event that the Customer cancels the order for convenience after being issued with a Contract Delivery Date, Sureline will be automatically entitled to be paid a cancellation fee equivalent to 5% of the total contract value. This does not affect any other rights and remedies available to Sureline under clause 3.11. 3.11 If the Customer terminates the Services before the Target Installation Date in accordance with Clause 3.10, the Customer must pay the Cancellation Fee to Sureline calculated as follows: 3.11.1 Where notice is given 30 Working Days’ or more prior to the Target Installation Date: 25% of that Service’s total contract value; 3.11.2 Where notice is given between 10 Working Days and 30 Working Days prior to the Target Installation Date: 80% of that Service’s total contract value; 3.11.3 Where notice is given less than 10 Working Days prior to the Target Installation Date: 100% of that Service’s total contract value.

ORDERING AND PROVISION OF SERVICES. 3.1 The Customer may request Services order services from Sureline Techgate in accordance with the following procedure(s):- 3.1.1 In response to a request by the Customer for Services, Techgate shall prepare an Order Form and submit the Order Form to the Customer.‌ 3.1.2 The Customer shall request Services by signing and submitting an sign the Order Form in respect of such Servicesand submit it to Techgate. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Sureline Techgate for the provision of such the Services specified in the Order Form and such offer shall remain valid open to acceptance by Techgate for a period of 14 calendar days from the date that the Order Form is submitted to Sureline; 3.1.2 Techgate. If Sureline Techgate declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form, Form as soon as is reasonably practicable thereafter and no longer than within 14 calendar days;thereafter. 3.1.3 If Sureline Techgate agrees to accept the Order Form, Sureline Techgate shall send confirmation of acceptance to the Customer [together with any applicable SOW] and Customer. 3.2 Time for the Customer shall be obliged to accept, the delivery or provision of the Services, subject always to Services is not of the provisions of this Agreement. 3.2 The Customer will essence and shall not be entitled to alter or change made so by the Services during the Service Term without the prior written agreement service of Sureline. Any such alteration may be subject to the payment of additional Fees as determined by Surelineany notice. 3.3 Sureline will use all reasonable endeavours If Techgate notifies the Customer that a Service is ready for installation but the Customer is not ready to comply with the Customer’s requests in relation to the accept such installation of the Services. However, Sureline’s decision relating to the availability of the Services (or part thereof) will be final and binding. 3.4 Sureline will endeavour to install the Services in accordance with the Target Installation Date. However, Sureline shall not be liable for any failure to meet such dates as all dates referred to in relation to the Target Installation Dates and the Service Commencement Dates are estimates. 3.5 If required by Surelinereason whatsoever, then Techgate will invoice the Customer shall prepare the Premises in accordance with Sureline’s instructions and provide Sureline (or its third party suppliers) with reasonable access to the Premises at times to be agreed. 3.6 At any time during or at the end of the Service Term, Sureline has the right to upgrade and/or migrate Customers to a different level or type of service if, in the opinion of Sureline, the existing Services being provided to the Customer are or become inappropriate or insufficient to meet the Customer's requirements and as a result Sureline considers the Customer requires different Services which are more appropriate to the Customer's needs. Sureline may consult with the Customer if Sureline wishes to exercise its rights under this Clause. 3.6.1 If the Customer agrees to change the Services in accordance with Sureline’s recommendation, the Customer may be liable for the higher fees and costs associated with the upgraded and/or migrated Services and any termination or cancellation fees associated with the terminated Services. 3.6.2 If the Customer does not agree to the upgraded and/or migrated Services, Sureline shall be entitled to terminate the provision of the existing Services on providing a 30 day notice in writingFees for that Service(s). In the event that the Customer chooses not to upgrade and Sureline allows or the Customer Affiliates do not fulfil their obligations under this Agreement then (without prejudice to continue using Techgate’s other rights and remedies) Techgate will be relieved of its obligations under this Agreement and Techgate shall not be liable for any costs, charges or losses sustained by the existing Services, Customer arising directly from any applicable SLA ceases failure of the Customer or the Customer Affiliates to applyfulfil their obligations under this Agreement. Techgate shall also be entitled to recover any costs directly incurred by it arising from the Customer and/or the Customer Affiliates not fulfilling their obligations. 3.7 Sureline may from time 3.4 The provisions of Clause 3.3 shall apply to time give directions about the use any re-installation of the Services to or Replacement Services and the Service Commencement Date for such Services will be amended accordingly. 3.5 If the Customer which Sureline thinks is reasonably necessary in agrees to enter into a Trial of a Service, then notwithstanding any other term of this Agreement, the interests of safety or the quality of service to Sureline's other customers. The Customer shall comply with all such directions. 3.7.1. Sureline will notify all Managed Hosting and Managed Applications customers on the release of any operating system critical patching as suggested by the operating system supplier. It is the responsibility of the customer to request the installation of patches through the Sureline solution support team. Patches will not be deployed without the explicit permission of the customer or Agent working on behalf of the customer. Should the customer fail to request these patches it is taken entirely at their own risk. 3.8 As part of its Service offering, Sureline may have to move the location of certain Sureline Equipment and/or Customer Equipment. The Customer agrees that upon receipt of prior notice from Sureline, Sureline such Services shall be free to move provided ‘as is’ without warranty of any such Equipment as it sees fit and wherever possible Sureline will endeavour to minimise any adverse impact on kind during the Services or incremental costs to period of the Customer associated with relocation. 3.9 Sureline Trial. Techgate reserves the right to alter any third party suppliers used cancel all Trials upon immediate notice to supply the ServicesCustomer without penalty. Upon termination of the Trial, all Techgate’s obligations and liabilities in relation to the Trial will cease. 3.10 The 3.6 Techgate or its agents may enter the Premises at such times and dates as agreed between the parties to inspect any Techgate Equipment that the Customer may cancel the Services in full prior have connected to the Target Installation Date by providing prior written notice to Sureline and payment of the Cancellation Fee set out in Clause 3.11 below. 3.10.1 The Contract Delivery Date is the date when Sureline commits to delivering the Service. In This permission is to remain in force until Techgate or its agents have removed all Techgate Equipment from the event that Premises or the Customer cancels has returned the order for convenience after being issued with a Contract Delivery Date, Sureline will be automatically entitled to be paid a cancellation fee equivalent to 5% Techgate Equipment notwithstanding termination of the total contract value. This does not affect any other rights and remedies available to Sureline under clause 3.11this Agreement. 3.11 If the Customer terminates the Services before the Target Installation Date in accordance with Clause 3.10, the Customer must pay the Cancellation Fee to Sureline calculated as follows: 3.11.1 Where notice is given 30 Working Days’ or more prior to the Target Installation Date: 25% of that Service’s total contract value; 3.11.2 Where notice is given between 10 Working Days and 30 Working Days prior to the Target Installation Date: 80% of that Service’s total contract value; 3.11.3 Where notice is given less than 10 Working Days prior to the Target Installation Date: 100% of that Service’s total contract value.

ORDERING AND PROVISION OF SERVICES. 3.1 The During the Term, the Customer may request Services from Sureline LNL in accordance with the following procedure(s):-procedure:- 3.1.1 The Customer shall request Services by signing and submitting an Order Form in respect of such Services. The Order Form shall constitute a written offer by the Customer to enter into a legally binding contract with Sureline LNL for the provision of such Services and such offer shall remain valid for a period of 14 calendar days from the date of that the Order Form is submitted to SurelineLNL; 3.1.2 If Sureline LNL declines to accept any Order Form submitted by the Customer, it shall notify the Customer of its decision after receiving the Order Form, as soon as reasonably practicable thereafter and no not longer than within 14 calendar days; 3.1.3 If Sureline LNL agrees to accept the Order Form, Sureline LNL shall send an Order Acceptance Form by way of confirmation of acceptance to the Customer [together with any applicable SOW] and shall be obliged to provide and the Customer shall be obliged to accept, accept the provision of the Services, subject always to the provisions of this Agreement.; 3.2 The Customer will not be entitled to alter or change the Services during the Service Services Term without the prior written agreement of SurelineLNL. Any such alteration may be subject to the payment of additional Fees as determined by SurelineLNL. 3.3 Sureline LNL will use all reasonable endeavours to comply with the Customer’s 's requests in relation to the installation of the Services. However, Sureline’s decision LNL's decisions relating to the availability of the Services (or part thereof) will be final and binding. 3.4 Sureline LNL will endeavour to install the Services in accordance with the Target Installation Date. However▇▇▇▇▇▇▇, Sureline ▇▇▇ shall not be liable for any failure to meet such dates as all dates referred to in relation to the Target Installation Dates Date and the Service Commencement Dates Date are estimates. 3.5 If required by SurelineLNL, the Customer shall prepare the Premises in accordance with Sureline’s LNL's instructions and provide Sureline LNL (or its third party suppliers) with reasonable access to the Premises at times to be agreed. 3.6 At any time during or at the end of the Service Services Term, Sureline LNL has the right to upgrade and/or migrate Customers to a different level or type of service if, in the opinion of SurelineLNL, the existing Services being provided to the Customer are or become inappropriate or insufficient to meet the Customer's requirements and as a result Sureline LNL considers the Customer requires different Services which are more appropriate to the Customer's usage pattern or needs. Sureline may LNL will consult with the Customer if Sureline LNL wishes to exercise its rights under this Clause. 3.6.1 If the Customer agrees to change the Services in accordance with Sureline’s LNL's recommendation, the Customer may be liable for the higher fees and costs associated with the upgraded and/or migrated Services and any termination or cancellation fees associated with the terminated Services. 3.6.2 If the Customer does not agree to the upgraded and/or migrated Services, Sureline LNL shall be entitled to terminate the provision of the existing Services on providing a 30 day days notice in writing. In the event that the Customer chooses not to upgrade and Sureline LNL allows the Customer to continue using the existing Services, any applicable SLA ceases to apply. 3.7 Sureline LNL may from time to time give directions about the use of the Services to the Customer which Sureline LNL thinks is reasonably necessary in the interests of safety or the quality of service to SurelineLNL's other customers. The Customer shall comply with all such directions. 3.7.1. Sureline will notify all Managed Hosting and Managed Applications customers on the release of any operating system critical patching as suggested by the operating system supplier. It is the responsibility of the customer to request the installation of patches through the Sureline solution support team. Patches will not be deployed without the explicit permission of the customer or Agent working on behalf of the customer. Should the customer fail to request these patches it is taken entirely at their own risk. 3.8 As part of its Service offering, Sureline offering LNL may have to move the location of certain Sureline Equipment LNL and/or Customer Equipment. The Customer agrees that upon receipt of prior notice from Sureline▇▇▇, Sureline ▇▇▇ shall be free to move any such the Equipment as it sees fit and wherever possible Sureline LNL will endeavour to minimise any adverse impact on the Services or incremental Services. All costs to and expenses incurred in connection with such relocation of the Customer associated with relocationEquipment shall be borne by LNL. 3.9 Sureline LNL reserves the right to alter any third party suppliers used to supply the Services. 3.10 The Customer may cancel the Services in full prior to the Target Installation Date by providing prior written notice to Sureline and LNL subject to the payment of the Cancellation Fee set out in Clause clause 3.11 below. 3.10.1 The Contract Delivery Date is the date when Sureline commits to delivering the Service. In the event that the Customer cancels the order for convenience after being issued with a Contract Delivery Date, Sureline will be automatically entitled to be paid a cancellation fee equivalent to 5% of the total contract value. This does not affect any other rights and remedies available to Sureline under clause 3.11. 3.11 If the Customer terminates the Services before the Target Installation Date in accordance with Clause 3.10, 3.10 the Customer must pay the Cancellation Fee to Sureline LNL calculated as follows: 3.11.1 Where notice is given 30 Working Days’ ' or more prior to the Target Installation Date: 25% of that Service’s 's total contract value; 3.11.2 Where notice is given between 10 Working Days and 30 Working Days prior to the Target Installation Date: 80% of that Service’s 's total contract value; 3.11.3 Where notice is given less than 10 Working Days prior to the Target Installation Date: 100% of that Service’s 's total contract value. Once a project is started, with the planning stage, 100% cancellation fee will apply.