ADSL, SDSL, Leased Line/WAN, MPLS, VPN & WiFi Service Agreement
1.0. The Customer agrees:
1.1. To promptly to pay the service charges in all circumstances. If at any time they are in arrears in whole or in part then the Company shall be entitled to suspend all services hereunder until payment is made. Terms of payment are noted on each invoice.
1.2. If the equipment is to be connected to apparatus of BT or of other network providers to comply with all such providers requirements and at the Customer's expense to arrange the provision of any additional equipment specially required for the Customer's purpose.
1.3. To orally notify the Company immediately of any fault in the equipment or of any repair which may be necessary, and to provide the Company at all reasonable times with access to the equipment and allow it to carry out service of the equipment under the terms of this contract.
1.4. Not to maintain, service, repair, adjust or tamper with the equipment or wiring nor to allow any other person to do any such thing without the Company's prior consent. In the event of requiring any alteration to the equipment or wiring to give the Company 14-days written notice naming the person it wishes to carry out the work, and to comply with conditions below. Should any such alteration be affected by an agent not appointed by the Company, to allow the Company the right of inspection of that work which should be carried out in accordance with any code of practice and standards. Should the work be found to be unsatisfactory to remedy the defects within 30-days of inspection or pay the Company's charges for effecting the remedy. Any breach of this condition may result in this contract being terminated by the Company, if the Company so desires.
1.5. To pay the Company's charges for reprogramming and/or services required as a result of instructions, acts or omissions effected by the Customer or his agent – including those demanded by any relevant statutory or commercial authority.
1.6. That if applicable, labour charges will include a callout fee and an hourly rate for time. Labour charges apply to works undertaken either remotely or on site and are rounded up to half-hour increments.
1.7. To reasonably cooperate with the Company to resolve faults without physically attending the site. This may include but is not limited to remote diagnostics, liaising with the Company over the telephone, dispatching (at own expense) and receiving equipment by post/courier and fitting simple equipment.
1.8. To pay any service charges levied when no faults were found with the equipment after investigation, despite a fault being reported.
1.9. To pay any service charges levied where a site visit has been undertaken but the Customer has been unable to provide access to the equipment or provide a person with knowledge of the reported fault resulting in any Company servant, agent or sub-contractor leaving site without works being undertaken.
1.10. To sign an Attendance Report when work had been undertaken denoting that the Customer had tested equipment to his satisfaction - unless otherwise indicated on the Attendance Report when signed on the day of completion. If an Attendance Report is not available to be signed then the Customer will inform the Company in writing if works had not been completed to his satisfaction. To be received within 2-days of completion.
1.11. For the avoidance of doubt, agrees to pay all labour charges in respect of fitting all parts - whether replacement, faulty or otherwise, when this agreement relates to replacements parts only.
1.12. To warrant to the Company that the way our Services are used will not directly or indirectly infringe the legal rights of others. The Company's remedies under this warranty will continue to be available after completion of the Account application process notwithstanding any subsequent surrender or cancellation. You indemnify the Company and its management against any claim that the Service or the manner in which the Account is directly or indirectly used infringes the legal rights of any third party (except for claims arising from the Company's own negligence or breach of the Terms and Conditions of this agreement); and indemnify them against all reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim. You acknowledge and agree that the Company neither endorses the contents of any of your e-mail communications nor assumes responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. You acknowledge and agree that certain technical processing of e-mail messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks technical requirements; (3) conform to the limitations of the Company's e-mail Service; (4) conform to other similar requirements. You are solely responsible for the content of your Account, including but not limited to, e-mail, web-pages and business and product details. In respect of such content, you agree to: (1) comply with UK law regarding the material presented; (2) not use the Company's Services to present illegal material for illegal or immoral purposes. You agree not to use the e-mail Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in the process.
1.13. The Company has a Fair Usage policy and the Customer will pay any additional charges for bandwidth usage that does not comply with this policy.
1.14. No property rights accrue in any IP addresses and such addresses may be withdrawn at anytime without recourse by the Customer.
1.15. Words in this Service Agreement shall have the same meanings as set out in the General Terms and Conditions of the Customer's Contract ("Conditions"). This Service Agreement includes the Conditions.
2.0. The Company agrees (subject to clause 5):
2.1. To be available to repair the equipment located at the installation address in the schedule (or at such other address as may be agreed in writing by the Company remotely or otherwise and in accordance with the terms and conditions of this contract) in efficient working order and during the continuance of the contract to execute by its servants, agents or contractors:
Without charge for replacement parts only (labour being charged in addition at prevailing rates)
to the equipment necessitated by fair wear and tear and/or, where provided by the Company or its servants or agents faulty materials, provided the Customer shall have duly notified the Company of such fault or necessary repair in accordance with clause 1.3 hereof. Such service is be provided according to the levels of service specified overleaf. Provided however that the Company or subsidiary thereof (without prejudice to the terms and conditions of this contract or the Customer's liability for payment of service charges) shall not be obliged to provide service if any such charges or subsidiary account is overdue.
2.2. At the expense of the Customer to provide service where failure of the equipment is due to mis-operation or failure of network provider's equipment and/or host systems and/or electricity supply service and/or electricity surge or fluctuation due to storms or adverse weather conditions or if any person not authorized by the Company to do so shall have tampered with the equipment.2.3. At the request and expense of the Customer
2.3.1. To carry out any alterations to the equipment or extension wiring.
2.3.2. Upon receipt of 14-days notice as in section 1.4 above to allow the Customer's appointed agents to carry out alterations to the equipment or wiring. Such alterations to be in accordance with any current code of practice or industry standards. The Company reserves the right of inspection of such work and to charge for such inspections. If found to be unsatisfactory shall require the Customer to remedy the defect within 30-days of the inspection.
2.4. At the request and expense of the Customer to move the equipment to alternative premises where in the opinion of the Company suitable service and reception facilities exist provided the equipment does not thereby pass out of possession or control of the Customer.
2.5. To warrant any parts or replacement parts relating to equipment detailed in the schedule for 3-months from installation.
2.6. To warrant any labour only work not involving parts for a period of 4-weeks from when work commenced. Warranty period shall commence from the date of the first day of repairing a reported fault.
3.0. Service Level Agreement:
The Company will use reasonable endeavours to monitor the network, which allows the rectification of faults. The Company will also provide;
3.1. A telephone fault line number for use during normal office hours, i.e. Monday to Friday, 09.00am - 17.00pm, excluding public holidays.
3.2. Should a fault develop, best endeavours will be used to rectify the fault from the time that the Company diagnoses the fault. The SLA applies to services provided under the control of the Company. The SLA does not include third party factors or influences. Further Service Level Categories are available and subject to contract.
4. Variations:
4.1. The Company will only increase the service charge payable hereunder unless the suppliers of the Company increase the costs of their connectivity infrastructure to the Company whereby a proportional increase shall be notified to the Customer. The Customer agrees to pay for these increases. There shall be no other increases until the end of the Initial Term whereby the increase in the charge shall not be greater than the rate of inflation as determined by the Average Earnings Index.
4.2. Any additional equipment supplied but not shown on the schedule overleaf will attract service charges at the Company's prevailing rates from the date of its supply and is subject to the terms of this agreement.
5. Exclusions:
5.1. The Company shall not be liable for any delay in the execution of any work of installation, repair, replacement, alteration or removal of or to the equipment howsoever caused.
5.2. The Company shall not be liable for making good defects in the electricity supply, or other networks provider's services and connections and/or host systems. Service calls for these purposes will be charged to the Customers at the Company's standard rates.
5.3. The Company shall not be liable for repair of damage resulting from accident, transportation, neglect or misuse, failures of electrical power, surge of electrical power, electrical storms or causes other than ordinary use. Service calls for these purposes will be charged at the Company's standard rates.
5.4. The Company shall in no circumstances be liable for any failure or defective working of the equipment due to any fault or change in the electricity supply service and/or other network providers' equipment and/or host systems.
5.5. In no circumstances shall the Company be liable for any loss of profit, information, business or production or any other liability, loss or damage whether direct, indirect or consequential howsoever caused.
5.6. The Company shall not be liable for making good defects to the Customers telephone stations or other peripheral apparatus unless specified overleaf. Service calls for these purposes will be charged to the Customer at the Company's standard rates.
5.7. The Company shall not be liable under section 2.1 for costs of making good defects in cabling unless specified overleaf. In any event overhead and underground cabling will not be covered for this purpose will be charged to the Customer at the Company's standard rate.
5.8. The Company does not provide for the undertaking of any legislation that may require s service call reasons other than a reported fault in accordance with clause 1.3 hereof.
5.9. The Company shall not be liable under section 2.1 wherein its reasonable opinion parts or equipment have reached the end of their serviceable life, being no longer capable of economic repair and require replacement.
5.10. The Company shall not be liable for the repair or replacement of any items deemed as consumables by the Company or manufacturer. The Company shall not be liable for any loss or damage incurred by the Customer or any third party (including without limitation any loss of the equipment or loss or spoiling of the Customer's programmes or data) resulting from any breakdown or fault in the equipment unless such breakdown or fault is caused by the wilful misconduct of the Company.
5.11. The Company shall not undertake to conduct works in respect of wiring and cable not supplied by the Company.
5.12. The Company is not responsible for any faults or adverse effects caused by equipment, software or media not supplied by the Company, including but not limited to computer viruses.
5.13. The Company shall have no obligation or liability to the Customer where the functionality of the supplied equipment and/or software is dependant (partially or wholly) on the performance of equipment (including software) not provided by the Company under this contract.
5.14. Software upgrades are not included in this contract and thus upgrades are payable by the Customer.
5.15. The Company does not include cordless handsets within this contract for service.
5.16. The Company does not include toll, access or similar transport taxes in this agreement. The Company reserves the right to invoice and annual surcharge in respect of these costs.
I accept the above ADSL terms and conditions