Specific Service Terms of Supply

The relevant part (or parts) of these Service Terms below shall apply where the corresponding Service or Services are purchased by You in addition to the ASK4 General Terms of Supply.

PART A - VIRTUAL PRIVATE SERVER INFRASTRUTURE

In this section "Broadcom Offering" means any Broadcom software and related support offerings outlined in the VCSP Product Licensing Guide located at the Broadcom Partner Portal forming part of the Services and/or VPS.

"End User Agreement" means collectively the terms governing the End User Customer’s use of the Broadcom Offering located at: https://www.vmware.com/agreements.html including support terms, the Specific Program Documentation and SaaS Listing(s) applicable to the Broadcom Offering.

"VPS" means the virtual private server with the specification set out in the Order Form.

1.0 ASK4 OBLIGATIONS

1.1. ASK4 shall provide the VPS with the customer's chosen operating system, provided this is technically possible.

1.2. Unless otherwise agreed in the Order (for example support services are provided by ASK4), access to the VPS is limited to You and the persons You have authorised. ASK4 have no regular access to the content of Your virtual server in order to resolve technical incidents, ASK4 may remotely access the physical servers on which the VPS is located and, therefore, we may have access to Your content. In this case, ASK4 shall only be permitted to perform the work that is required to resolve an incident.

2.0 ADDITIONAL CUSTOMER OBLIGATIONS

2.1. As a server administrator, You are responsible for securing the VPS against unwanted attacks and manipulation by third parties and installing reliable security software and keeping it updated.

2.2. Unless support services as detailed in PART I are provided by ASK4, You are responsible for updating the operating systems and application software installed on the VPS at Your own cost and risk.

2.3. You agree to configure Your programs to automatically restart when the hardware or operating system restarts.

2.4. Unless support services as detailed in PART I are provided by ASK4, importing and installing operating systems, images and other external content is done at Your own risk. ASK4 assumes no liability for third-party content and applications and damage resulting from the installation and use of third-party materials.

2.5. You agree to co-operate and follow ASK4's instructions regarding Software upgrades for the purposes of maintaining the security and stability of the VPS services provided.

3.0 SERVICE LIMITATIONS

3.1. The VPS forms part of a complex hardware platform that manages all of the servers that share the infrastructure. ASK4 reserves the right to partially or completely interrupt the provision of the VPS service in the case of:

3.1.1. excessive consumption of resources; or

3.1.2. other disruptions that can be traced to You that are observed to be impairing the performance of the platform on which the resource is located-infringing on the rights of third parties that share the infrastructure.

3.2. If the events set out in Clause 3.1 occur, ASK4 shall notify You so that You can resolve the issue in question. During this time, ASK4 will temporarily suspend the provision of the VPS service. If the problem occurs again after the VPS service is restored, ASK4 reserves the right to cancel Your VPS service without notice.

4.0 BROADCOM TERMS

As the Service is supported by VMware by Broadcom, You agree to the following terms ASK4 is required to flow down to end users.

4.1. End User Agreement: You shall adhere to the End User Agreement. You shall not remove, modify, or alter the End User Agreement or allow any third party to do so. You acknowledge that Broadcom shall not engage in negotiations of an End User Agreement or related terms with You as an end user.

4.2. Audits & Records: You are not permitted to resell, distribute or provide a managed service, either internally or externally to a legal entity which is not part of the corporate group to which You belong. Any use of a Broadcom Offering within Your corporate group shall be considered a licence for internal use.  ASK4 shall have the right, upon 10 business days’ notice to You, to examine Your facilities, books and records related to the Order, including without limitation, Your usage of the Broadcom Offerings.

4.3. Title of Broadcom Offerings: No title to or ownership of any Broadcom Offering or anything produced by Broadcom is transferred to You pursuant to this Agreement. Broadcom and its licensors retain all right, title, copyright, patent, trademark, trade secret and all other proprietary interests to all Broadcom Offerings or anything produced by Broadcom and any derivatives thereof. No title, copyright, patent, trademark, trade secret or other right of intellectual property not expressly granted under this Agreement is exchanged between the Parties. Broadcom does not transfer any portion of such title and ownership or any of the associated goodwill in the Broadcom Offering to You, and this Agreement shall not be construed to grant You any right or license, whether by implication, estoppel, or otherwise, except as expressly provided herein. You agree not to de-compile, reverse engineer, reverse compile, modify, translate or perform any similar type of operation on any Broadcom Offering, in any fashion or for any purpose whatsoever.

PART B - SERVER COLOCATION

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 shall provide:

1.1.1.          the number of single unit 1U or multiple U's of rack space as set out in the Order (the "Rack Space") in a secure co-location data centre (the "Premises"); and

1.1.2.          power and data transfer capability to the agreed limits in the Order (unless specified 1 U has 0.5 Amp of power and 1TB of data transfer). Additional use of power or data transfer over these limits shall be "Additional Usage" as defined in the General Terms and Additional Usage Charges as set out in the Order shall apply.

2.0      ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          The Customer shall:

2.1.1.          be fully responsible for the Customer Equipment within the Rack Space (e.g. You are responsible for securing the Customer Equipment against unwanted attacks and manipulation by third parties. Unless support services as detailed in PART I are provided by ASK4 updating the operating systems and application Software installed at Your own cost and risk);

2.1.2.          maintain the Customer Equipment to a standard which ensures that it is safe and complies with all applicable health and safety standards and all other legal requirements;

2.1.3.          not make any modification, alteration or addition to the Customer Equipment which results in material changes to the floor loading, heat output, power consumption or environmental conditions of any Equipment or the Rack Space;

2.1.4.          unless otherwise agreed in the Order, install the Customer Equipment in the Rack Space at its own expense in accordance with an installation plan and timetable agreed with ASK4;

2.1.5.          not cause any injury or damage to, and in the case of equipment, interference with, any person or property including (without limitation) any ASK4 employees, agents or contractors, the Premises, any ASK4 Equipment or any third parties which may from time to time be located in the Premises;

2.1.6.          take steps to prevent any interference between the Customer Equipment and any ASK4 Equipment and if any interference is caused by the Customer Equipment (ASK4's reasonable determination being final), the Customer shall be responsible for the cost of ASK4's investigation and the cost of preventing the interference and repairing or replacing any damaged Equipment; and

2.1.7.          not use the Equipment for any illegal or unlawful purpose under any applicable law or in a manner or for a purpose which constitutes a violation or infringement of the rights of or is harmful or detrimental to the reputation of ASK4 or any other Party.

3.0     SERVICE LIMITATIONS

3.1.          You will not have physical access to Your Rack Space or the Premises unless accompanied and agreed in advance with ASK4. 

PART C - HOSTING

In this section "Hosting" means the provision of shared server space for serving web pages to the Internet, virtual office solutions, backup and remote backup, mail sharing, ActiveSite / ActiveCMS (and other alternative products) Internet Messaging Firewall, file sharing and extra features such as e-mail mailboxes, direct SMTP feeds, SQL databases or similar which may also be provided and if so are subject to these terms.

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 shall provide the Hosting subject to the storage and traffic limits set out in the Order.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          You shall be fully responsible for ensuring You own all intellectual property rights and have all other legal rights in any domain, website or other data You require us to Host or register. Your account will be suspended, and material removed if ASK4 is made aware that such information is being stored unlawfully and any unlawfully registered domain shall cease to be registered in Your name.

3.0     SERVICE LIMITATIONS

3.1.          Except as otherwise agreed in the Order, all IP addresses and domain names made available with the Service will at all times remain ASK4's property or the property of ASK4's suppliers and are non-transferable.

3.2.          All IP addresses shall (upon ASK4's request and to the extent permitted by law) revert to ASK4 after the termination of the Agreement for any reason whatsoever, and You shall cease using such address. At any time after such termination, ASK4 may re-assign such address to another user.

3.3.          ASK4 is not responsible for any loss of data or information caused by misuse or mistake on Your part.

3.4.          On terminating the service ASK4 will remove all data belonging to You stored on ASK4's servers. It is Your responsibility to retrieve this data beforehand.

3.5.          Whilst every reasonable effort will be made by ASK4 to ensure that no data will be lost, corrupted or otherwise interfered with, ASK4 ultimately is not responsible for any data on its servers, of whatever nature.

PART D - LICENSED PRODUCTS

In this section:

"Supplier" means the entity set out in the Order or if no entity is specified the entity that owns the Licensed Product.

"Licensed Product" means the product(s) set as being licensed to You in the Order or other products which are owned by a third-party to ASK4 and are only resold or installed by ASK4.

"License Usage Limits" means any usage limit (such as a limit on the number of individual users or devices) as set out in the Order.

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 will only provide the Licensed Product subject to:

1.1.1 the terms of the applicable end user licence agreements in the table below; and/or

1.1.2  your agreement to the term of any end user licence, or other agreements, in the form the Supplier presents to You when You install or set up the Licensed Product,

Each of which may be amended or supplemented from time to time by the Supplier ("EULA").
Product

2.0     ADDITIONAL CUSTOMER SERVICES

2.1.          You will observe and comply with the EULA for all and any use of the Licensed Products.

2.2.          You will enter into the EULA for Your own benefit and the rights, obligations, acknowledgements, undertakings, warranties and indemnities granted in accordance with the EULA are between You and the Supplier and You will deal with the Supplier with respect to any loss or damage suffered by either of You as such loss or damage will not be enforceable against ASK4.

2.3.          Where the EULA is presented in a 'click to accept' function and You require ASK4 to configure or install Software on Your behalf, ASK4 will do so as Your agent and bind You to the EULA.

2.4.          In addition to ASK4's rights under the General Terms, if You do not comply with the EULA, ASK4 may restrict or suspend the use of the Licensed Product, and:

2.4.1.          You will continue to pay the Charges for the Licensed Product until the Agreement is terminated; and

2.4.2.          may charge a re-installation fee to re-start the Licensed Product.

2.5.          ASK4 does not make any representations, whether express or implied, about whether the Software will operate in combination with any Equipment or other Software.

2.6.          Any Processing of Personal Data by or in connection with the use of the Licensed Product by You or Your Users will be subject to the EULA and, where applicable, Yours and the Supplier's privacy policy. For the avoidance of doubt, ASK4 will not be liable for such Processing of Personal Data by You, Your Users or the Supplier, including any claim arising out of or in connection with a failure by You, Your Users or the Supplier to comply with the EULA, the privacy policies or applicable Privacy and Data Protection Laws, and any such claims will be between You, Your Users, and the Supplier as appropriate.

3.0     SERVICE LIMITATIONS

3.3.          You must not use the Licensed Product in excess of any License Usage Limits unless otherwise agreed with ASK4.  You acknowledge that Additional Charges shall be payable if You exceed any License Usage Limits.

3.1.          ASK4 is not responsible and gives no guarantees in respect of the suitability or compatibility of the Licensed Product with Your data and/or databases or other Software.

3.2.          You acknowledge and agree the Supplier may add, remove functionality or discontinue the Licensed Products from time to time. ASK4 shall not be liable for any such loss of service or functionality due to a Supplier's actions.

3.3.          If ASK4's agreement with the Supplier is terminated such that the Licensed Product can no longer be provided to You, ASK4 shall seek to provide a replacement product or arrange for You to procure the Licensed Product directly or from an alternative reseller and ASK4 total liability where no replacement can be found shall be limited to a refund of any advanced Charges paid for the Licensed Products.

PART E - EMAIL SERVICES INCLUDING ADVANCED EMAIL MANAGEMENT (AEM)

In this section "AEM Service" means the advance email management platform providing spam and virus scanning to cover outgoing and/or incoming email as detailed in the Order.

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 shall be responsible for the installation and configuration of the email or AEM Service in accordance with the Customer's instructions.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          You must not send unsolicited or 'spam email' via any email or AEM Service provided by ASK4. This includes 'chain mail' messages.

2.2.          ASK4 cannot guarantee delivery of email to users, as it is the responsibility of the receiving entities' service provider to process delivery.

2.3.          ASK4 is not responsible for any virus or rogue code (including Trojans) that are embedded into emails collected from Your servers.

2.4.          As required by law, You shall use all reasonable efforts to ensure You inform those who use any communications system covered by the AEM Services, that communications transmitted through such system may be intercepted, and indicate the purposes of such interception. You shall hold ASK4 harmless from any claims from its employees, any third-party and/or governmental agencies relating to such interceptions. You shall not use, or require ASK4 to use, any data obtained via the AEM Service for any unlawful purposes.

3.0     SERVICE LIMITATIONS

3.1.          Given the nature and volume of malicious and unwanted electronic content, ASK4 does not warrant that the AEM Service is error free or will detect all security or malicious code threats or that use of the AEM Service will keep Your network or computer systems free from all viruses or other malicious or unwanted content or safe from intrusions or other security breaches.

3.2.          ASK4 is not responsible and gives no guarantees in respect of the suitability or compatibility of the AEM Service for use with Your data and/or databases.

PART F - ONLINE BACKUP

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 shall be responsible for the provisions of the back-up service.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          Any back-up products and services offered by ASK4 should be supplementary to Your internal back-up services or by a third-party back-up specialist services and solutions provider. In the event of a loss of data due to ASK4's negligence, ASK4's sole liability to You shall be to restore the data to the last back-up carried out by You.

3.0     SERVICE LIMITATIONS

3.1.          The nature of the internet means that You should not rely on the Service being always available

3.2.          ASK4 is not responsible for the security of Your data or for any data loss whilst either physically on Your Site, or connected to any computer, network or server remotely unless due to ASK4’s negligence.

3.3.          ASK4 is not responsible and gives no guarantees in respect of the suitability or compatibility of the Services and products provided by ASK4 for use with Your data and/or databases.

PART G - CONNECTIVITY

In this section:

"Connectivity Service" means the provision of internet access via any provider's connection and includes any form of transfer of information over a data connection whether by ADSL, FTTC, FTTP, lease line or other technology.

"Site Wayleave" means ASK4's or ASK4 supplier's standard form wayleave agreement from time to time to be executed by the site owner or landlord in respect of the relevant Site.

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 will provide user accounts, billing and first line support for the Connectivity.

1.2.          ASK4 uses several different network operators to provide various connectivity options and You consent to this and understand second line support shall be provided by these network operators.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          You shall be required to inform ASK4 if You are a “Microenterprise or Small Enterprise Customer” or a “Not-For-Profit Customers” for the purposes of the Ofcom General Conditions of Entitlement. If you do not make ASK4 aware You are shall be deemed to have expressly opted out of any additional protections offered under the Ofcom General Conditions of Entitlement to “Microenterprise or Small Enterprise Customers” or “Not-For-Profit Customers”.

2.2.          If You terminate the Connectivity Service in the Initial Service Period, an additional £100 disconnection fee shall be payable plus the Early Termination Charge.

2.3.          You must ensure a BT or non-cable telephone line is operational in the Site if an ADSL connection is to be provided. This can be provided by ASK4.

2.4.          Where requested by ASK4, You shall enter into any Site Wayleave necessary for the provision of the Connectivity Service or, use all reasonable endeavours to ensure that the site owner or landlord enters into the applicable Site Wayleave and where such a Site Wayleave is not entered into ASK4 shall have no obligation to the provide the Services.

3.0     SERVICE LIMITATIONS

3.1.          Unless purchased directly from ASK4, telephone line rental charges, or Call Charges, are not included in the price of the Connectivity Service. It is Your responsibility to pay these separately to Your telephone service provider. If You fail to pay these telephone service provider charges, and BT (or any other relevant provider) suspends the Connectivity Service, You shall pay any charge levied by ASK4 or its third-party connectivity providers for the reconnection of the Connectivity Service.

3.2.          Telephone line faults should be reported to Your telephone service provider in the usual manner unless otherwise agreed in the Order.

3.3.          All speeds over a Connectivity Service other than lease line Connectivity Service cannot be guaranteed as the speed will be affected by external factors (such as distance from Your local BT exchange or cabinet). Due to the nature of the Internet, it is possible that third-party providers' networks and connectivity infrastructure may affect the speed of accessing certain websites or services, as well as fail or dropped connection, which is beyond ASK4's control.

3.4.          ASK4 reserves the right to charge additional fees should You be absent when either an ASK4 or 3rd party engineer attends for a Site visit.

3.5.          The Connectivity Service is not fault-proof and ASK4 does not guarantee any uptimes. It is ASK4's strong recommendation that You have backups to the Connectivity Service in place should it fail. ASK4 is in no way liable for any downtime or loss of business incurred by You in the event of any complete or partial loss of Connectivity Service, or slow speeds of the Connectivity Service.

3.6.          The Connectivity Service enables access to the Internet, You acknowledge that the Internet is separate from the Connectivity Service and use of the Internet is solely at Your risk and subject to all applicable laws. ASK4 has no responsibility for any information, software, services or other materials obtained by You using the Internet.

PART H - TELEPHONY

1.0     CALL CHARGES

1.1.          The Recurring Charges may include local and national calls and calls to UK mobiles as agreed in the Order (“Inclusive Minutes”).

1.2.          If Inclusive Minutes are not provided, Calls in excess of the Inclusive Minutes, and any Calls to non-geographic numbers or international calls will be subject to Call Charges at standard rates available upon request as Additional Charges.

1.3.          Discounted handsets can only be provided inside the first 12 months from Service activation. Thereafter standard rates available upon request shall apply.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          You shall be required to inform ASK4 if You are a “Microenterprise or Small Enterprise Customer” or a “Not-For-Profit Customers” for the purposes of the Ofcom General Conditions of Entitlement. If you do not make ASK4 aware You are shall be deemed to have expressly opted out of any additional protections offered under the Ofcom General Conditions of Entitlement to “Microenterprise or Small Enterprise Customers” or “Not-For-Profit Customers”.

3.0     SERVICE LIMITATIONS

3.1.          You shall not use any Voice Service:

3.1.1.          to make nuisance, offensive, abusive or indecent, defamatory, obscene, menacing or hoax calls;

3.1.2.          in a manner that is in any way unlawful, fraudulent or in bad faith or has an unlawful, fraudulent or in bad faith purpose or effect; or

3.1.3.          in a manner that can materially affect the quality of the Voice Service between You, other customers and ASK4's suppliers and partners.

3.2.          Any telephone numbers allocated as part of the provision of the Service do not belong to You. You accept that You do not acquire any rights whatsoever in such telephone numbers and You must make no attempt to apply for registration of the same as a trademark, service mark, or domain name whether on its own or in conjunction with some other words or trading style.

3.3.          You are not entitled to sell or agree to transfer to a third-party any telephone number allocated to You.

3.4.          ASK4 shall be entitled, for commercial, operational or technical reasons or in order to comply with the requirement of any competent authority or applicable law to withdraw or change any telephone number or code or group of telephone numbers or codes allocated or provisionally allocated to You. Where a telephone number is already in operational use by You, ASK4 shall use all reasonable endeavours to give You reasonable prior notice. ASK4 shall not be liable for any costs, inconvenience or other losses (including without limitation marketing and stationery costs) incurred by You as a result of any change or withdrawal as described in this Clause.

3.5.          If at Your request a specific telephone number is allocated to You, You shall be responsible for all necessary investigations and inquiries as to the legitimacy or use of such numbers and ASK4 shall have no liability whatsoever with respect to the number chosen and its use by You.

3.6.          If You are allocated a number which falls within a range of numbers classified from time to time by OFCOM, the PSA or any other competent authority as being for the provision of a particular type of service, then You must ensure that any service provided by You on that number conforms at all times with the type allocated to that number range.

3.7.          Where a VoIP service is provided, calls may be made to the emergency services on a free of charge basis, subject to the following limitations:

3.7.1.          the registration of any handsets long dial telephone number in terms of the Emergency Services being able to locate the origin of 999 calls is limited to the address of the Site; and

3.7.2.          in the event of a power or Internet connection failure, the VoIP service will not function.

3.8.          You should not rely upon the VoIP service for making emergency service calls and ASK4 shall not be liable for any failure or limitations of the VoIP service where it is used for the making of such calls. You shall be required to inform all Users of the limitations of the VoIP service set out in this Clause.

4.0     PORTING

4.1.          Number porting will be charged at a one-off cost per number. The cost depends on the type of number and the exact cost can be provided on request.

PART I - SUPPORT AND DEVELOPMENT

In this section "Support Hours" means the support hours purchased as part of Your Gold, Silver, Bronze or Standard package as set out in the Order.

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 shall make available the ASK4 ticketing system and ensure all tickets will be assigned to an engineer and updates will be logged with email notifications being sent to the ticket contact as steps are taken towards a resolution.

1.2.          ASK4 shall use the industry standard ITIL classification system for prioritising incidents. ITIL uses urgency and impact to establish priority levels, examples for which are set out in Clause 4.0 below. You may have certain specific issues that have a greater or lesser impact than these definitions would otherwise outline on Your business but this shall not be taken into account unless they are agreed in writing in advance of the incident with ASK4. Where no such specific issues have been agreed, ASK4 shall have sole discretion (acting reasonably in accordance with the ITIL classification system) to determine an incident's priority.

1.3.          Subject to Survey, all Your current physical IT Equipment will be supported as part of the Service.

1.4.          Any request for new systems and equipment to be supported which has not been recommended or installed by ASK4 should be made well in advance to ensure ASK4 can maintain a high level of support. Whilst You are under no obligation to buy new equipment through ASK4, any equipment provided by ASK4 will always be supported.

1.5.          The Service includes six-monthly strategy and support meetings, with reviews to be arranged at Your discretion. The date and times of the meetings to be agreed between the parties acting reasonably.

1.6.          Unless otherwise agreed in the Order, no official support is provided for Software except for ASK4 resold Microsoft Software. Other Software issues will generally only be covered where additional support is in place with the manufacturer.

1.7.          ASK4 schedule quarterly out-of-hours updates Your essential infrastructure. These are scheduled in advance and communicated to You. In addition, ASK4 will assist third parties with updates to Your specific Software when informed of this work in advance.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1.          All incidents will be entered into ASK4's ticketing system, which can be monitored via the portal allowing Your nominated individuals to view the status and progress of each ticket.

2.2.          You are responsible for controlling which employees are entitled to raise incidents.

2.3.          Any major refurbishment and company-wide changes, including re-location will be considered a 'project' and must be raised with Your services coordinator to ensure proper planning and further discussion with an assigned project lead and may incur Additional Charges.

2.4.          You will authorise and grant the access needed to carry out the Services including allowing us to contact third-party suppliers of Your Equipment, IT systems and Software on Your behalf.

3.0     SERVICE LIMITATIONS

3.1.          Any included monthly site time is not accrued if not used during the month.

3.2.          Employees' home equipment and connectivity / infrastructure are not covered and are outside the scope of the Agreement.

3.3.          ASK4 is not responsible and gives no guarantees in respect of the suitability or compatibility of the Services and products provided by ASK4 for use with Your data and/or databases or any Software not provided by ASK4.

4.0     RESPONSE TIMES

PART J - HARDWARE

1.0     SERVICE LIMITATIONS

1.1.          ASK4 does not manufacture the Purchased Equipment and ASK4 only sells the Purchased Equipment with the benefit of the manufacturer's warranty (if any).

1.2.          ASK4 will accept liability for defective Purchased Equipment only to the extent that ASK4 is entitled to make a claim under the manufacturer's warranty or other defective goods terms and actually obtains from the manufacturer a refund, credit, repair or replacement in respect of the defective Purchased Equipment. ASK4 cannot and shall have no obligation to accept a return of and/or grant a credit for Purchased Equipment outside of the manufacturer's procedures.

1.3.          ASK4 shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow ASK4's or the manufacturer's instructions (whether oral or in writing), misuse or alteration or repair of the Purchased Equipment without ASK4's approval.

PART K - PROFESSIONAL SERVICES

1.0     EXPENSES

1.1.          The Charges for professional services exclude expenses including but not limited to the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom ASK4 engages in connection with the professional services

PART L – CABLING SERVICES

1.0     ASK4 OBLIGATIONS

1.1.          ASK4 shall be responsible for the installation of the cabling services in accordance with Your instructions.

1.2 All physical infrastructure supplied is subject to the manufacturer’s warranty (if any) at the time of the installation. Cabling installation works are subject to the warranties in the General Terms provided that any claims related to defective installation works must be notified to ASK4 within 90 days from completion of the installation.

2.0     ADDITIONAL CUSTOMER OBLIGATIONS

2.1 You are reasonable for obtaining the necessary wayleaves, consents, or other permissions necessary to enable provision of the cabling services.

2.2 ASK4 is reliant on You for the provision of accurate site plans for planning purposes

2.3 You will use your best endeavours to ensure the Site is safe and you will provide all reasonable information to allow ASK4 to complete risk and method statements. All known risks on or about the Site will be identified and communicated to ASK4 in writing.

2.4 You must provide welfare facilities.

3.0     SERVICE LIMITATIONS

3.1 Unless otherwise stated in the Order, ASK4 shall have the right to increase the Charges due to:

3.1.1 increases in costs arising as a result of Site conditions not notified to ASK4 prior to the date of the Order;

3.1.2 interruption or delay outside of ASK4’s control;

3.1.3 lack of, or inaccurate information, provided by You (including but not limited to inaccuracies in drawings You provide); or

3.1.4 the cost of materials increasing between signing of the Order and the installation date, provided that ASK4 will always seek to mitigate any increases in costs. 

3.2 All drawings, plans and related documents ASK4 provide to You as part of the cabling services are approximate only and shall not form part of our Agreement.

3.3 You are responsible for notifying ASK4 if the planned cabling services would breach firestopping or the compartmentation of the Site.

3.4 ASK4 shall have no liability to You where firestopping or the compartmentation of the Site is breached unless the cabling service are carried out in breach of any express instruction provided by You under Clause 3.3 above. ASK4, on request, shall following completion of the cabling services, provide marked up floor plans of cabling routes and a log of any walls breached. You shall be responsible for any rectification and reapproval of fire safety certifications following the completion of any cabling services and You acknowledge that ASK4 cannot undertake this on Your behalf.

__________

Notice of Update

On 15/03/2022, these Service Terms were updated as follows:

• Part D – Licensed Products was updated to include links to EULAs for additional Licensed Products

This is a non-material change pursuant to clause 25.4.6. of the ASK4 General Terms and applies to Orders entered into on or before the date above from the relevant Order’s Commencement Date.

On 12/04/2022, these Service Terms were updated as follows:

• Part L – Cabling Services was added

This new section applies to all applicable Order placed after the date above.

On 12/05/2022, these Service Terms were updated as follows:

Updates were made to Part G – Connectivity and Part H – Telephony to reflect the replacement of “Small Business Customer" and "Domestic or Small Business Customer" definitions in the Ofcom General Conditions with definitions of  “Microenterprise or Small Enterprise Customers” and “Not-For-Profit Customers”.

On 14/06/2024, these Service Terms were updated as follows:

Updates were made to Part A – VPS to reflect that VMware components that ASK4 use are now provided via Broadcom and as such certain flowdown terms are required to be incorporated.  This is a non-material change pursuant to clause 25.4.6. of the ASK4 General Terms and applies to Orders entered into on or before the date above from the relevant Order’s Commencement Date.