SOUTHERN COMMUNICATIONS LIMITED – TELEPHONE SYSTEM MAINTENANCE TERMS

1. THE CUSTOMER AGREES :-

(A) To pay the maintenance charges prescribed in the schedule in all circumstances in advance and should the whole part or any thereof  be in arrears then the Company shall be entitled  to suspended all services hereunder until payment is made in full.

(B) If the Equipment is to be connected to British Telecom apparatus to  arrange the provision of any British Telecom equipment specially required for the customer's purpose, at the customer’s expense.

(C) To orally notify the Company immediately of any fault in the Equipment or any repair which may be necessary, such notification to be confirmed in writing and to provide the Company at all reasonable times with access to the Equipment and allow it to carry out maintenance of the Equipment under the terms of this contract.

(D) Not to maintain, service, repair, adjust, tamper or alter the equipment or extension wiring.  In the event of requiring any alterations to the Equipment or Extension wiring to give to the company 14 days written notice and should  any alterations be effected 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 the current " Code of Practice" and should the work be found to be unsatisfactory to remedy the defect within 90 days of inspection or pay the company's charge for effecting the remedy.  Any breech of this condition may result in this contract being terminated by the Company.   If the company so desires.

(E) To pay  the Company's charge for reprogramming and/or service visits as a result of a programming error effected by the Customer or his agent.

(F) Not to assign the benefit of this Contract without pervious written consent from the Company.

2. THE COMPANY AGREES :-
(A) To maintain the Equipment at the installation address in the Schedule (or such other address as may be as may be agreed in writing by the Company) in efficient working order and during the continuation of this Contract  to execute by its servant, agents or contractors without charge all  repairs and replacements to the Equipment necessitated by fair wear and tear and/or faulty workmanship and/or faulty materials provided  the Customer shall have duly notified the Company of such fault or necessary repair in accordance with clause 1 (C) hereof.  Such Service to be provided between the hours of 9.00am and 5.00pm Monday  to Friday excluding Public Holidays.  Provided however that the Company ( without prejudice to the terms and conditions of this Contract or the customer's liability for payment of maintenance charges) shall not be obliged to service the Equipment if any such maintenance charge is overdue.

(B) A the expense of the Customer to provide a service where failure of the Equipment is subsequently found to be due to mis-operation of failure of British Telecom equipment and/or Host PBX systems and/or electricity supply service or is any person not authorised by the  Company to do so shall have tampered with the Equipment.

(C) At the request and expense of the Customer
(i) To carry out any alterations to the Equipment or Extension wiring in accordance with the current " Code Of Practice ".
(ii) Upon receipt of 14 days notice to allow the Customer's appointed agents to carry out alterations to the equipment or
Extension wiring.  Such alterations or extensions to be in accordance with the current " Code Of Practice ".  The Company reserves the right to inspection of such work and if found to be unsatisfactory shall require the Customer to remedy the defect within 90 days of inspection.

(D) 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 the possession or control of the Customer.

3.TERMINATION OF THIS CONTRACT :-
The term of this Contract shall be the initial period of maintenance specified in the schedule and thereafter from year to year  unless either party shall give the other three month written notice  of termination. Provided that if the Customer has committed any breach of this Contract and has not remedied such breach within fourteen days after notice to that effect from the Company this Contract may be terminated by notice from the Company to the Customer at the latter's last known address.

4. VARIATION OF MAINTENANCE CHARGE
The Company may vary the maintenance charge payable hereunder by written notice to the Customer provided that no such variation shall take effect earlier than one year after the commencement of the term of this Contract or less than one year after a preceding variation.


5. PROHIBITION OF ORAL VARIATIONS :-
The terms and conditions in this Contract are the sole terms and conditions of the Contract between the Company and the Customer.  No variation or modification of these terms or conditions and no agreement made or purported to be made between the Company and the Customer inconsistent with these terms or conditions shall be valid or of any effect unless made in writing and signed by the Director, or the appointed Officer of the Company.  No representation relating to or in any way connected with the Equipment shall be deemed to be made on behalf of the Company unless such representation is made in writing and signed by a Director or the appointed Officer of the Company.

6. EXCLUSIONS:-
(A) 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.

(B) The Company shall not be liable for making good defects in the electricity supply, British Telecom telephone service and connections and/or Host PBX systems.  Service calls for the purpose will be charged to the Customer at the Company's standard rates.

(C) The Company shall not be liable for repair of damage resulting from surge of electrical power or causes other than ordinary use.

(D) The Company shall in no circumstances be liable for any failure or defective working of the equipment due to any fault, failure or change in the electricity supply service and/or Host PBX systems.

(E) In no circumstances shall the Company be liable for any loss of profit, business or production or any similar loss or damage whether direct, indirect or consequential howsoever caused.

(F) The Company shall not be liable under section 2a for costs of making good defects in the overhead and underground cables from the 'Associated Wiring ' and service calls for these purpose will be  charged to the Customer at the Company's standard rate.

7. GENERALLY :-

(A) The Company's right hereunder shall not be effected by granting any time or indulgence to the Customer. 

(B) All charges under this Contract are subject to Value Added Tax This Customer for all payments under this Contract

THE MAINTENANCE SCHEDULE

Southern Communications Ltd will endeavour to respond within 24 hours (within an 8 hour frame) to request for Maintenance Service received during normal working hours (9.00a.m to 5.00p.m excluding weekends and Bank and Public Holidays) either by arranging for a service engineer to make a site visit or by instituting remedial action through remote interrogation.  Not withstanding the above Southern Communications will attempt to clear or provide appropriate solutions within 24 Hours on the basis of remedial work being confined to normal working hours