Provision of the Services. The Supplier shall provide the Services during the Agreement Period in accordance with the Client’s requirements as set out in the Specification and the terms of the Agreement. The Client shall have the power to inspect and examine the performance of the Services at any reasonable time. If the Client informs the Supplier that the Client considers that any part of the Services do not meet the requirements of the Agreement or differ in any way from those requirements, and this is other than as a result of Default on the part of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant to the Agreement, the Supplier shall reimburse the Client for all reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires to enable it to perform the Services in accordance with the Agreement; shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information and co-operation to any other third party with which any member of the Client’s Group has a relationship subject to the signature of confidentiality agreements between the Supplier and those third parties.
Appears in 3 contracts
Sources: Service Agreement, Service Agreement, General Agreement
Provision of the Services. 2.1 The Supplier shall Partner may request that Xaar provide the Services during Service in respect of a particular Product by written notice to Xaar;
2.2 Xaar will respond to a request from the Agreement Period in accordance with the Client’s requirements as set out in the Specification and the terms of the Agreement. The Client shall have the power to inspect and examine the performance of the Services at any reasonable time. If the Client informs the Supplier that the Client considers that any part of the Services do not meet the requirements of the Agreement or differ in any way from those requirements, and this is other than as a result of Default on the part of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied Partner under clause 2.1 within a reasonable time confirming the Client may seek alternative remedies to be funded by information, which it requires from the Supplier. Timely supply Partner and details of the Services samples of the Product it requires in order to make a decision as to whether or not it will provide the Service in respect of a particular Product;
2.3 Once Xaar has received all of the information and the Sample it requested under clause 2.2 and undertaken an initial fluid screening, the parties will discuss the results of the screening and Xaar will confirm whether or not it will provide the rest of the Service in respect of the particular Product;
2.4 If Xaar is willing to provide the rest of the Service in respect of a particular Product following the initial fluid screening referred to in clause 2.3 and Partner is willing to make the required adjustments to the Product, a project plan will be prepared jointly and the Partner will promptly comply with Xaar’s instructions and supply any further information and/or Samples as required by Xaar.
2.5 For the avoidance of doubt, Partner decides not to change the Product and/or Xaar decides not to continue with the Services, either Party shall notify the other in writing as soon as reasonably possible and that shall be taken as notice to terminate. Any other work commissioned under the terms herein, if any, shall continue as normal and will not be affected by potential refusal of additional requests. If the Partner makes changes to its Product and wants Xaar to carry out a repeat Service in respect of the essence of modified Product, the ContractPartner will make a request to Xaar in writing for a repeat Service, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant Xaar will confirm to the Agreement, the Supplier shall reimburse the Client for all Partner within a reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and time whether or not it considers that it has is worthwhile providing a repeat Service. For the avoidance of doubt, it will be in Xaar’s discretion whether or not to provide the Service more than once in respect of a particular Product, but Xaar will not unreasonably refuse to provide the Service. In any event, if requested by Partner, Xaar will provide the repeated Services subject to agreement on the applicable service fee and if the repeated Services are made all appropriate and necessary enquires for such a fee, no Fees shall be due with respect to enable it said Products.
2.6 Xaar will use reasonable efforts to perform provide the Services Service to the Partner in accordance with the Agreement; shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating timeframes notified to the Specification or otherwise Partner; however Xaar will not be liable to the Agreement; Partner for failing to meet any timeframes.
2.7 In providing the Services, Xaar shall not certify the Product to a Printhead which is nearing its end of life or to a printhead which is not popular for printers used in the field for the Product. If Xaar notifies an end of life with respect to the Printhead to which the Product was certified, it shall provide Partner with one year prior notice and will provide Services without charge in order to certify the Product to a new Printhead.The Partner shall comply with all lawful and notify Xaar as soon as is reasonable directions in the event that the formulation of a particular Product (including but not limited to the components or portions of the Client relating to its performance components of the Services. The Services Product) changes from what it was at the time when a Fluid Approval Certificate was issued.
2.8 Once a Fluid Approval Certificate is provided, Xaar will include assisting the Product in its website and its other suppliers providing services to documentation, in the Client or any same manner it includes other member inks sold with its Printhead.
2.9 Any Fluid Approval Certificate issued in respect of the Client’s Group at no additional cost to the Client a particular Product shall only be valid to the extent that the formulation of the Product (including but not limited to the components or portions of the components of the Product) does not change from what it was at the time when the Fluid Approval Certificate was issued. In the event that such assistance or management of other suppliers is as described ina change occurs, contemplated by or reasonably the Fluid Approval Certificate shall immediately and automatically cease to be inferred effective and shall be revoked by Xaar immediately. Xaar will endeavour to provide Partner with a written statement where possible within 15 working days from the Services or the nature or manner date of the supply thereofsaid revocation. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information and co-operation Xaar shall be further entitled to any other third party with which any member of the Client’s Group has a relationship subject remove reference to the signature of confidentiality agreements between Product as being approved on the Supplier Xaar website/s and those third partiesin Xaar documentation, unless such modified Product is approved by Xaar separately and a Fluid Approval Certificate is issued in respect thereof.
Appears in 2 contracts
Sources: Partnership Agreement (PV Nano Cell, Ltd.), Partnership Agreement (PV Nano Cell, Ltd.)
Provision of the Services. 2.1 The Supplier services we supply to you are those Services detailed in the Services Agreement. The Services may include (but are not limited to): • The ability to make or receive a Call ("Telephone Service"); • The provision of line or lines for a rental charge ("Line Rental Service"); • The provision of broadband internet access ("Broadband Service"); • The provision of IP telephony services ("VoIP Service") • Any other Services which we may offer for sale from time to time. For the avoidance of doubt, the specific Services to be provided to you under the Contract shall be detailed in the attached Services Agreement.
2.2 We will use reasonable endeavours to provide you with the Services by the date we agree with you and to continue to provide the Services during until the Agreement Period Contract is terminated. However time shall not be of the essence in relation to performance and we will not be liable for any loss or damages suffered by you should the Services not commence on and/or be completed by the agreed date.
2.3 We cannot guarantee and do not warrant that the Services will be free of interruptions or will be fault- free and we will not be liable for any loss or damages should the Services be interrupted from time to time. You accept that there may also be degradations of the quality of the Service from time to time due to matters beyond our control (see paragraph 14 below), and that we will not be liable for any loss or damages should the quality of the Service we provide be affected by such matters.
2.4 In providing the Services we shall use the reasonable skill and care that may be expected from a competent communications service provider. However, where you do not use an Assured broadband or internet service supplied by us then you understand that we make no assurances in respect of the quality of your Calls and we shall not be liable for any degradation of service you experience compared to the service you received from your previous supplier.
2.5 By signing the Contract you warrant that you are out of contract with your current supplier and therefore we are not liable for any charges levied upon you or us from your existing supplier by moving to Talk Straight to provide the Services. You understand that you shall be liable for any costs or fees payable to your existing supplier arising in connection with your termination of their services.
2.6 By signing the Contract you warrant that you have disclosed all features associated to your current service. This includes any other services which are reliant upon this service, (for example, but not limited to, extension billing or ▇▇▇ removal). We cannot be held responsible for any additional charges you may have levied upon you by your other suppliers when moving from your existing telecoms supplier to us.
2.7 Unless otherwise agreed in writing, you agree to secure exit from your existing supplier within 5 weeks from signature of the Contract for all services which we are to assume responsibility for. We reserve the right to charge for any necessary work relating to moving you from your existing supplier to us if you have not specified any additional services we are not aware of. Such charges shall be in accordance with our standard rates in force at the Client’s requirements as set out in relevant time.
(a) We will give you an estimated installation date for the Specification and the terms Services but you understand time is not of the Agreementessence in relation to performance of any installation. The Client Subject to clause 13.1 below we shall have the power not be liable for any costs or losses suffered by you which relate to inspect and examine the our delayed or failed performance of the Services at any reasonable time. installation services.
(b) If the Client informs the Supplier that the Client considers that any part of the Services you do not meet supply the requirements correct postcode relating to your telecoms service and our initial attempt to take over your services fail due to this reason then we reserve the right to charge you a reasonable administration fee of equal value to the Agreement amount we are charged by our suppliers. It is your responsibility to confirm the postcode BT has on record with your existing suppliers and to inform us of such in writing within a reasonable period in advance.
(a) On the agreed day of installation should our engineers or differ in our supplier’s engineers be unable to get access to your site due to any way from those requirementsact or omission by you or any of your officers, and this is other than employees or agents, then an abortive full day site visit charge at our current rate will be payable by you. Further, we shall be entitled to charge you for any additional charges levied upon us by our third party suppliers as a result of Default such failed site visit.
(b) You must give us a minimum of 2 full working days' (i.e. a minimum of 48 hours) notice if you wish to cancel or re-arrange a pre-arranged engineer site visit. In the event you fail to give such notice you shall be liable to pay £550 plus VAT to us in respect of such cancelled engineer site visit, irrespective of whether your contract provides for free installation services.
2.10 Some of our engineering services and our suppliers engineering services are time and materials based. We will indicate an estimated cost at time of order. If however the installation is more complicated and/or takes longer to complete than first anticipated for any reason, then we reserve the right to charge you additional sums on an hourly basis, based on our standard rates as in force from time to time.
2.11 It is your responsibility to accurately tell our suppliers engineers where to install Lines and Equipment on the part day of installation. Such information should be provided to us in advance of installation in writing. Should you not do so and the Line or Equipment is installed (in whole or in part) elsewhere in your premises then you are responsible for any additional charges in moving the Line/Equipment to the desired location, and any loss or damage incurred as a result of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant to the Agreement, the Supplier shall reimburse the Client for all reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay Line and/or Equipment being installed in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires to enable it to perform the Services in accordance with the Agreement; shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information and co-operation to any other third party with which any member of the Client’s Group has a relationship subject to the signature of confidentiality agreements between the Supplier and those third partiesincorrect location.
Appears in 2 contracts
Sources: Conditions for Communications Services, Service Agreement
Provision of the Services. The Supplier shall provide the Services during the Agreement Period in accordance with the Client’s requirements as set out in the Specification and the terms of the Agreement. The Client shall have the power to inspect and examine the performance of the Services at any reasonable time. If the Client informs the Supplier that the Client considers that any part of the Services do not meet the requirements of the Agreement or differ in any way from those requirements, and this is other than as a result of Default on the part of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant to the Agreement, the Supplier shall reimburse the Client for all reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires to enable it to perform the Services in accordance with the Agreement; and shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group Flagship Housing at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information information, and co-operation to any other third party with which any member of the Client’s Group Flagship Housing has a relationship subject to the signature of confidentiality agreements between the Supplier and those third parties.
Appears in 1 contract
Sources: Service Agreement
Provision of the Services. 2.1 The Supplier services we supply to you are those Services detailed in the Services Agreement. The Services may include (but are not limited to): • The ability to make or receive a Call ("Telephone Service"); • The provision of line or lines for a rental charge ("Line Rental Service"); • The provision of broadband internet access ("Broadband Service"); • The provision of IP telephony services ("VoIP Service") • Any other Services which we may offer for sale from time to time. For the avoidance of doubt, the specific Services to be provided to you under the Contract shall be detailed in the attached Services Agreement.
2.2 We will use reasonable endeavours to provide you with the Services by the date we agree with you and to continue to provide the Services during until the Agreement Period Contract is terminated. However time shall not be of the essence in relation to performance and we will not be liable for any loss or damages suffered by you should the Services not commence on and/or be completed by the agreed date.
2.3 We cannot guarantee and do not warrant that the Services will be free of interruptions or will be fault- free and we will not be liable for any loss or damages should the Services be interrupted from time to time. You accept that there may also be degradations of the quality of the Service from time to time due to matters beyond our control (see paragraph 15 below), and that we will not be liable for any loss or damages should the quality of the Service we provide be affected by such matters.
2.4 In providing the Services we shall use the reasonable skill and care that may be expected from a competent communications service provider. However, where you do not use an Assured broadband or internet service supplied by us then you understand that we make no assurances in respect of the quality of your Calls and we shall not be liable for any degradation of service you experience compared to the service you received from your previous supplier.
2.5 By signing the Contract you warrant that you are out of contract with your current supplier and therefore we are not liable for any charges levied upon you or us from your existing supplier by moving to Signal Telecom to provide the Services. You understand that you shall be liable for any costs or fees payable to your existing supplier arising in connection with your termination of their services.
2.6 By signing the Contract you warrant that you have disclosed all features associated to your current service. This includes any other services which are reliant upon this service, (for example, but not limited to, extension billing or ▇▇▇ removal). We cannot be held responsible for any additional charges you may have levied upon you by your other suppliers when moving from your existing telecoms supplier to us.
2.7 Unless otherwise agreed in writing, you agree to secure exit from your existing supplier within 5 weeks from signature of the Contract for all services which we are to assume responsibility for. We reserve the right to charge for any necessary work relating to moving you from your existing supplier to us if you have not specified any additional services we are not aware of. Such charges shall be in accordance with our standard rates in force at the Client’s requirements as set out in relevant time.
(a) We will give you an estimated installation date for the Specification and the terms Services but you understand time is not of the Agreementessence in relation to performance of any installation. The Client Subject to clause 14.1 below we shall have the power not be liable for any costs or losses suffered by you which relate to inspect and examine the our delayed or failed performance of the Services at any reasonable time. installation services.
(b) If the Client informs the Supplier that the Client considers that any part of the Services you do not meet supply the requirements correct postcode relating to your telecoms service and our initial attempt to take over your services fail due to this reason then we reserve the charge you a reasonable administration fee of equal value to the Agreement amount we are charged by our suppliers. It is your responsibility to confirm the postcode BT has on record with your existing suppliers and to inform us of such in writing within a reasonable period in advance.
(a) On the agreed day of installation should our engineers or differ in our supplier’s engineers be unable to get access to your site due to any way from those requirementsact or omission by you or any of your officers, and this is other than employees or agents, then an abortive full day site visit charge at our current rate will be payable by you. Further, we shall be entitled to charge you for any additional charges levied upon us by our third party suppliers as a result of Default such failed site visit.
(b) You must give us a minimum of 2 full working days' (i.e. a minimum of 48 hours) notice if you wish to cancel or re-arrange a pre-arranged engineer site visit. In the event you fail to give such notice you shall be liable to pay £550 plus VAT to us in respect of such cancelled engineer site visit, irrespective of whether your contract provides for free installation services.
2.10 Some of our engineering services and our suppliers engineering services are time and materials based. We will indicate an estimated cost at time of order. If however the installation is more complicated and/or takes longer to complete than first anticipated for any reason, then we reserve the right to charge you additional sums on an hourly basis, based on our standard rates as in force from time to time.
2.11 It is your responsibility to accurately tell our suppliers engineers where to install Lines and Equipment on the part day of installation. Such information should be provided to us in advance of installation in writing. Should you not do so and the Line or Equipment is installed (in whole or in part) elsewhere in your premises then you are responsible for any additional charges in moving the Line/Equipment to the desired location, and any loss or damage incurred as a result of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant to the Agreement, the Supplier shall reimburse the Client for all reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay Line and/or Equipment being installed in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires to enable it to perform the Services in accordance with the Agreement; shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information and co-operation to any other third party with which any member of the Client’s Group has a relationship subject to the signature of confidentiality agreements between the Supplier and those third partiesincorrect location.
Appears in 1 contract
Sources: Terms and Conditions
Provision of the Services. 2.1 The Supplier services we supply to you are those Services detailed in the Services Agreement. The Services may include (but are not limited to): • The ability to make or receive a Call ("Telephone Service"); • The provision of line or lines for a rental charge ("Line Rental Service"); • The provision of broadband access ("Broadband Service"); • The provision of leased line and Ethernet access (“Leased Line Service”); • The provision of IP telephony services ("VoIP Service") • Any other Services which we may offer for sale from time to time. For the avoidance of doubt, the specific Services to be provided to you under the Contract shall be detailed in the Services Agreement.
2.2 We will use reasonable endeavours to provide you with the Services by the date we agree with you and to continue to provide the Services during until the Agreement Period in accordance with the Client’s requirements as set out in the Specification and the terms of the AgreementContract expires or otherwise terminates. The Client However time shall have the power to inspect and examine the performance of the Services at any reasonable time. If the Client informs the Supplier that the Client considers that any part of the Services do not meet the requirements of the Agreement or differ in any way from those requirements, and this is other than as a result of Default on the part of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing performance and we will not be liable for any loss or damages suffered by you should the supply Services not commence on and/or be completed by the agreed date.
2.3 We cannot guarantee and do not warrant that the Services will be free of interruptions or will be fault-free and we will not be liable for any loss or damages should the Services be interrupted from time to time. You accept that there may also be degradations of the quality of the Service from time to time due to matters beyond our control (see paragraph 15 below), and that we will not be liable for any loss or damages should the quality of the Service we provide be affected by such matters.
2.4 In providing the Services within we shall use the time agreed reasonable skill and care that may be expected from a competent communications service provider. However without limitation, where you do not use a broadband or on internet service supplied by us (and identified in writing as assured by us) then you understand that we make no assurances in respect of the quality of your Calls, internet connection or VoIP Service and we shall not be liable for any degradation of service you experience compared to the service you received from your previous supplier. We provide a specified date. Without prejudice Service Level agreement in respect of some but not all of the specific products and Services offered by us and commit to any other rights and remedies the Client may have meet Service Credits where our Service fails to meet relevant Service Levels pursuant to the Agreement, the Supplier shall reimburse the Client Clause 13.2 of these Conditions.
2.5 You warrant that you are out of contract with your current supplier and therefore we are not liable for all reasonable costs incurred any charges levied upon you or us from your existing supplier by the Client which have arisen as a direct consequence of the Supplier’s delay in the performance of the Agreement which the Supplier has failed moving to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires Talk Straight to enable it to perform the Services in accordance with the Agreement; shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information and co-operation to any other third party with which any member of the Client’s Group has a relationship subject to the signature of confidentiality agreements between the Supplier and those third parties.the
Appears in 1 contract
Sources: Service Agreement
Provision of the Services. The Supplier shall provide the Services during the Agreement Period in accordance with the Client’s requirements as set out in the Specification and the terms of the Agreement. The Client shall have the power to inspect and examine the performance of the Services at any reasonable time. If the Client informs the Supplier that the Client considers that any part of the Services do not meet the requirements of the Agreement or differ in any way from those requirements, and this is other than as a result of Default on the part of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant to the Agreement, the Supplier shall reimburse the Client for all reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires to enable it to perform the Services in accordance with the Agreement; and shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information information, and co-operation to any other third party with which any member of the Client’s Group has a relationship subject to the signature of confidentiality agreements between the Supplier and those third parties.
Appears in 1 contract
Sources: Service Agreement
Provision of the Services. 2.1 The Supplier services we supply to you are those Services detailed in the Services Agreement. The Services may include (but are not limited to): • The ability to make or receive a Call ("Telephone Service"); • The provision of line or lines for a rental charge ("Line Rental Service"); • The provision of broadband internet access ("Broadband Service"); • The provision of IP telephony services ("VoIP Service") • Any other Services which we may offer for sale from time to time. For the avoidance of doubt, the specific Services to be provided to you under the Contract shall be detailed in the attached Services Agreement. 175586-0020 - Terms And Conditions 11/08/2016 13:48
2.2 We will use reasonable endeavours to provide you with the Services by the date we agree with you and to continue to provide the Services during until the Agreement Period Contract is terminated. However time shall not be of the essence in relation to performance and we will not be liable for any loss or damages suffered by you should the Services not commence on and/or be completed by the agreed date.
2.3 We cannot guarantee and do not warrant that the Services will be free of interruptions or will be fault-free and we will not be liable for any loss or damages should the Services be interrupted from time to time. You accept that there may also be degradations of the quality of the Service from time to time due to matters beyond our control (see paragraph 15 below), and that we will not be liable for any loss or damages should the quality of the Service we provide be affected by such matters.
2.4 In providing the Services we shall use the reasonable skill and care that may be expected from a competent communications service provider. However, where you do not use an Assured broadband or internet service supplied by us then you understand that we make no assurances in respect of the quality of your Calls and we shall not be liable for any degradation of service you experience compared to the service you received from your previous supplier.
2.5 By signing the Contract you warrant that you are out of contract with your current supplier and therefore we are not liable for any charges levied upon you or us from your existing supplier by moving to Talk Straight to provide the Services. You understand that you shall be liable for any costs or fees payable to your existing supplier arising in connection with your termination of their services.
2.6 By signing the Contract you warrant that you have disclosed all features associated to your current service. This includes any other services which are reliant upon this service, (for example, but not limited to, extension billing or ▇▇▇ removal). We can not be held responsible for any additional charges you may have levied upon you by your other suppliers when moving from your existing telecoms supplier to us.
2.7 Unless otherwise agreed in writing, you agree to secure exit from your existing supplier within 5 weeks from signature of the Contract for all services which we are to assume responsibility for. We reserve the right to charge for any necessary work relating to moving you from your existing supplier to us if you have not specified any additional services we are not aware of. Such charges shall be in accordance with our standard rates in force at the Client’s requirements as set out in relevant time.
(a) We will give you an estimated installation date for the Specification and the terms Services but you understand time is not of the Agreementessence in relation to performance of any installation. The Client Subject to clause 14.1 below we shall have the power not be liable for any costs or losses suffered by you which relate to inspect and examine the our delayed or failed performance of the Services at any reasonable time. installation services.
(b) If the Client informs the Supplier that the Client considers that any part of the Services you do not meet supply the requirements correct postcode relating to your telecoms service and our initial attempt to take over your services fail due to this reason then we reserve the charge you a reasonable administration fee of equal value to the Agreement amount we are charged by our suppliers. It is your responsibility to confirm the 175586-0020 - Terms And Conditions 11/08/2016 13:48 postcode BT has on record with your existing suppliers and to inform us of such in writing within a reasonable period in advance.
(a) On the agreed day of installation should our engineers or differ in our supplier’s engineers be unable to get access to your site due to any way from those requirementsact or omission by you or any of your officers, and this is other than employees or agents, then an abortive full day site visit charge at our current rate will be payable by you. Further, we shall be entitled to charge you for any additional charges levied upon us by our third party suppliers as a result of Default such failed site visit.
(b) You must give us a minimum of 2 full working days' (i.e. a minimum of 48 hours) notice if you wish to cancel or re-arrange a pre-arranged engineer site visit. In the event you fail to give such notice you shall be liable to pay £550 plus VAT to us in respect of such cancelled engineer site visit, irrespective of whether your contract provides for free installation services.
2.10 Some of our engineering services and our suppliers engineering services are time and materials based. We will indicate an estimated cost at time of order. If however the installation is more complicated and/or takes longer to complete than first anticipated for any reason, then we reserve the right to charge you additional sums on an hourly basis, based on our standard rates as in force from time to time.
2.11 It is your responsibility to accurately tell our suppliers engineers where to install Lines and Equipment on the part day of installation. Such information should be provided to us in advance of installation in writing. Should you not do so and the Line or Equipment is installed (in whole or in part) elsewhere in your premises then you are responsible for any additional charges in moving the Line/Equipment to the desired location, and any loss or damage incurred as a result of the Client, the Supplier shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Client without prejudice to the Client’s other rights arising from any breach of the Agreement. If the defect is not remedied within a reasonable time the Client may seek alternative remedies to be funded by the Supplier. Timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date. Without prejudice to any other rights and remedies the Client may have pursuant to the Agreement, the Supplier shall reimburse the Client for all reasonable costs incurred by the Client which have arisen as a direct consequence of the Supplier’s delay Line and/or Equipment being installed in the performance of the Agreement which the Supplier has failed to remedy after being given reasonable notice by the Client. The Supplier acknowledges that it: has sufficient information about the Client and the Specification and that it has made all appropriate and necessary enquires to enable it to perform the Services in accordance with the Agreement; shall neither be entitled to any additional payment nor excused from any obligation or liability under the Agreement due to any misinterpretation or misunderstanding by the Supplier of any fact relating to the Specification or otherwise to the Agreement; and shall comply with all lawful and reasonable directions of the Client relating to its performance of the Services. The Services include assisting other suppliers providing services to the Client or any other member of the Client’s Group at no additional cost to the Client to the extent that such assistance or management of other suppliers is as described in, contemplated by or reasonably to be inferred from the Services or the nature or manner of the supply thereof. Notwithstanding the above, the Supplier shall, where directed by the Client, provide at no cost all reasonable assistance, information and co-operation to any other third party with which any member of the Client’s Group has a relationship subject to the signature of confidentiality agreements between the Supplier and those third partiesincorrect location.
Appears in 1 contract
Sources: Service Agreement