The following terms and conditions in this NETWORK SERVICES product schedule (this "PRODUCT SCHEDULE") are additional to those in the BRITANNIC GENERAL TERMS AND CONDITIONS. This PRODUCT SCHEDULE shall apply where, pursuant to a CUSTOMER ORDER, the CUSTOMER and BRITANNIC enter into a CONTRACT for the provision of the NETWORK SERVICES as further specified on such CUSTOMER ORDER (for the purposes of this PRODUCT SCHEDULE, the "SERVICE"). Capitalised terms used in this PRODUCT SCHEDULE which are not defined here shall have the meanings assigned to them in the GENERAL TERMS AND CONDITIONS.
For the purposes of this SERVICE SCHEDULE: (a) the term "NETWORK" shall mean the network of BRITANNIC or its applicable NETWORK PROVIDER over which the SERVICE will be routed; and (b) the term USER means all persons or entities using or having access to the SERVICE through the CUSTOMER.
2. Service Delivery
(a) BRITANNIC and the CUSTOMER will agree upon a target GO LIVE DATE for each CUSTOMER SITE to which the SERVICE is to be provided.
(b) If the CUSTOMER is solely responsible for delay in meeting any GO LIVE DATE (including any delay caused as a result of the CUSTOMER ordering local access circuits directly from a third party), the CUSTOMER will be liable to BRITANNIC for any additional costs incurred by BRITANNIC and BRITANNIC will amend the GO LIVE DATE to account for CUSTOMER-caused delay.
(c) If BRITANNIC is solely responsible for delay in meeting any GO LIVE DATE beyond forty-five (45) days the CUSTOMER shall be entitled, as its exclusive remedy, to cancel its order without incurring cancellation charges. If third parties or any FORCE MAJEURE EVENT is solely responsible for delay in meeting any GO LIVE, or if the CUSTOMER, BRITANNIC and any third parties or FORCE MAJEURE EVENT are jointly responsible for delay in meeting a GO LIVE DATE, the project managers for BRITANNIC and the CUSTOMER shall amend the target GO LIVE DATE to a new jointly agreed date.
(d) On or before the GO LIVE DATE (or any amended GO LIVE DATE), BRITANNIC will test the SERVICE to ensure it complies in material respects with the technical specifications for that SERVICE. If the CUSTOMER notifies BRITANNIC within twenty-four (24) hours of the GO LIVE DATE that the SERVICE does not meet such technical specifications, then BRITANNIC shall take all reasonable action to promptly correct any non-compliance and a new GO LIVE DATE will be agreed.
If the CUSTOMER does not give BRITANNIC any notice under this paragraph or if the CUSTOMER makes use of the SERVICE other than for testing purposes, the SERVICE will be deemed to have been accepted.
3. Rights and Obligations of the Customer and its Users
(a) The CUSTOMER shall (and shall ensure that its USERS shall) keep all passwords, logins and user names in relation to the use of the SERVICES (the "ACCESS INFORMATION") confidential and private.
(b) The CUSTOMER shall be responsible for amending and/or updating any ACCESS INFORMATION in the event of loss or notification to unauthorised third parties of the ACCESS INFORMATION, and shall inform BRITANNIC of any changes required to the ACCESS INFORMATION due to change of the CUSTOMER'S own personnel. BRITANNIC shall have no liability for any action it may take in response to the provision of correct ACCESS INFORMATION.
(c) Without prejudice to the CUSTOMER'S obligations under the GENERAL TERMS AND CONDITIONS, the CUSTOMER shall use reasonable endeavours to communicate the content of BRITANNIC'S acceptable use policy from time to time to its USERS.
(d) The CUSTOMER acknowledges that it is responsible for implementing any desired security mechanisms in relation to the SERVICES, as network security is not provided by BRITANNIC or the SERVICE.
(a) The CUSTOMER acknowledges and accepts that the SERVICE may be routed over circuits provided by various NETWORK PROVIDERS to BRITANNIC. The CUSTOMER accepts therefore that the NETWORK is provided by BRITANNIC on an "as available" basis and is dependent on the supply of access services by such NETWORK PROVIDERS. BRITANNIC'S obligations in relation to provision of the SERVICE (including the NETWORK element of such SERVICE) extend only to the installation and provision of the relevant circuits within the NETWORK at an agreed demarcation point within the CUSTOMER SITE, as further detailed in the CUSTOMER ORDER.
(b) However, BRITANNIC will use reasonable endeavours to transfer to the CUSTOMER the benefit of such service levels in relation to the SERVICE as are provided by the relevant NETWORK Provider to BRITANNIC and the CUSTOMER'S rights and remedies in relation to such element of the SERVICES shall be limited to the terms of such NETWORK PROVIDER'S service levels.
(c) Nothing in the CONTRACT will create of vest in the CUSTOMER any right, title or interest in a SERVICE, its configuration or associated telephone numbers or addresses BRITANNIC may without liability change or modify features and functionalities of a SERVICE or modify or replace any hardware or software in the NETWORK or in EQUIPMENT provided that this does not have a material adverse effect on the committed SERVICE.
(d) The CUSTOMER acknowledges that BRITANNIC exercises no control and accepts no responsibility for the information, services and content accessible on the NETWORK or the internet. The CUSTOMER acknowledges and agrees that the internet contains materials that are explicit or which may be offensive and is accessible by persons who may attempt to breach the security of the NETWORK and/or the CUSTOMER'S systems. BRITANNIC has no control over, and expressly disclaims any liability or responsibility for, such materials or actions. The CUSTOMER and its USERS access the SERVICE at their own risk.
5. Fees and Charges
(a) The Charges for the SERVICE as set out on the CUSTOMER ORDER do not include any CUSTOMER-usage based charges incurred in connection with this SERVICE, which shall also be payable by the CUSTOMER.
(b) Following the initial committed period the following cancellation periods will apply:
- 35 day cancellation period for all PSTN lines & DSL Broadband services
- 90 day cancellation period for all Ethernet connections
All cancellation requests must be made on a BRITANNIC Network Connect Lines cancellation form which must be signed by the CUSTOMER and delivered to BRITANNIC. Any SERVICES on these lines will also be cancelled.
Termination of PSTN analogue or ISDN lines will incur a minimum charge of £10.00 and termination of DSL lines will incur a minimum charge of £30.00.
BRITANNIC does not accept any responsibility for any losses that may be incurred as a result of any line or connection cancellations.