Common use of Start of Service Clause in Contracts

Start of Service. NP shall make reasonable efforts to provide Services within a standard of service installation interval. It is understood that failure of NP to deliver Service by such date shall not require NP to issue service credits or pay Customer any penalties or monetary damages. If Customer requests to either delay or otherwise replace its confirmed start date, additional charges and fees may apply at NP’s discretion. Additional charges may also apply if Customer cancels an installation appointment without proper notice or otherwise fails to make proper arrangements for its installation, which results in NP having to reschedule to complete installation. a) NP will notify the Customer within 48 hours from the time that NP has completed testing and the Service is available for use. Upon notification, the Customer will be billed applicable usage charges, regardless of when Customer actually begins using the Service. The Customer must give written notice to NP that the Service is in material non-compliance with the applicable Service Agreement within two (2) business days after service is available for use; otherwise, the Customer shall be deemed to have accepted such Service. b) NP shall test the Services to verify that they meet the applicable specifications and service level commitments set forth in the applicable Addendum or Service Agreement before the Service is made available to the Customer. Unless otherwise stated in this Agreement or in any Service Agreement, this shall be the extent of the testing performed by NP. Customer has sole responsibility for installation, testing, and operation of any applicable software acquired from NP for installation on Customer’s own equipment, broadband access acquired from third parties, and all Customer owned facilities, services, and equipment. Customer is also responsible for ensuring that the Services are compatible with its existing systems and devices. NP shall only be responsible for the installation of the Services as agreed upon in Addendum(s), Purchase, and/or Service Agreement(s). Additional services provided to Customer by NP will be governed by the specific Service Agreement or by an equivalent statement of work.

Start of Service. NP shall make reasonable efforts to provide Services within a its standard of service installation interval. It is understood that failure of NP to deliver Service by such date shall not require NP to issue service credits or pay Customer any penalties or monetary damages. If Customer requests to either delay or otherwise replace its confirmed start date, additional charges and fees may apply at NP’s discretion. Additional charges may also apply if Customer cancels an installation appointment without proper notice or otherwise fails to make proper arrangements for its installation, which results in NP having to reschedule to complete installation. a) NP will notify the Customer within 48 hours from the time that NP has completed testing and the Service is available for use. Upon notification, the Customer will be billed applicable usage charges, regardless of when Customer actually begins using the Service. The Customer must give written notice to NP that the Service is in material non-compliance with the applicable Service Agreement within two (2) business days after service is available for use; otherwise, the Customer shall be deemed to have accepted such Service. b) NP shall test the Services to verify that they meet the applicable specifications and service level commitments set forth in the applicable Addendum or Service Agreement before the Service is made available to the Customer. Unless otherwise stated in this Agreement or in any Service Agreement, this shall be the extent of the testing performed by NP. Customer has sole responsibility for installation, testing, and operation of any applicable software acquired from NP for installation on Customer’s own equipment, broadband access acquired from third parties, and all Customer owned facilities, services, and equipment. Customer is also responsible for ensuring that the Services are compatible with its existing systems and devices. NP shall only be responsible for the installation of the Services as agreed upon in Addendum(s), Purchase, and/or Service Agreement(s). Additional services provided to Customer by NP will be governed by the specific Service Agreement or by an equivalent statement of work.