Terms and Conditions of Internet Services

Below are the general terms and conditions for using BahatiGroup's internet services and/or CPE devices for Fibre. A breach of these terms may result in a termination of services

Definitions

  • "Customer Network" shall mean the network and Service Equipment located at the Customer Sites as set out in this Service Order.
  • "CPE" shall mean the Router and/or the Switches, together with any additional hardware provided by BahatiGroup as part of the Service either purchased from BahatiGroup or otherwise provided BahatiGroup to Customer as part of the Service.
  • "Normal Business Hours" shall mean between 8:30am and 5.00pm on a Business Day.
  • "Router" shall mean the router, as specified by reference to this Service Order, which will be provided and installed at Customer Site by BahatiGroup for this Service. For the purposes of this Service only, Router shall form part of the Service Equipment.
  • "Switch" shall mean the LAN Switches, as specified by reference to this Service Order, which may be provided and installed at Customer Site by BahatiGroup for this Service. For the purposes of this Service only, Switches shall form part of the Service Equipment.
  • "BahatiGroup Local Entity" shall mean, for the purposes of the ownership of the CPE used in connection with the provision of the Service only, the BahatiGroup Affiliate incorporated under the laws of the territory of the Customer Site in which the CPE is to be located.

Maintenance

Unless the Customer has been notified to the contrary, scheduled maintenance on the BahatiGroup Network will be performed during a standard maintenance window between 2am and 6am local time, as necessary. BahatiGroup reserves the right to change these maintenance times, where necessary, upon prior notice to the Customer. BahatiGroup also reserves the right to perform emergency maintenance without prior notice.

Application of Tax

The Customer address provided in the Customer Information section of this Service Order will constitute the Customer's business establishment or place of residence for the purpose of calculating taxes, in accordance with applicable tax legislation. Where Customer is established or resident in the same country as the BahatiGroup entity providing and invoicing for the Service, local VAT (or similar sales tax) will apply to the Charges invoiced for all Customer Sites on the Service Order (including Charges for Customer Sites located outside the country in which the Service Order is entered into, in accordance with the relevant tax rules).

Billing Start Date

Customer will be liable for all Charges in respect of a Customer Site as of the Service Activation Date for that Customer Site, provided that no Charges will accrue until the Service Activation Date for at least two Customer Sites on the Service Order has been reached.

Term

  • The provision of the Services shall be for the Initial Service Term as indicated on the Service Order.
  • Either party may terminate the Service on three (3) months prior written notice to take effect on the expiry of the relevant Initial Service Term. If the Service is not terminated, it shall thereafter automatically renew for further one (1) year periods on the anniversary of the Service Activation Date (the Renewal Term). Similar to the cancellation of the Initial Term, either party may during the renewal periods terminate this Service Agreement at the end of each Renewal Term giving the other party 90 (ninety) days prior written notice. In the case of termination by the Customer, such notice to be copied to the local BahatiGroup Customer Services department.

VRF Assignment

BahatiGroup will allocate the required Virtual Route Forward (VRF) Identifier numbers for the MPLS-VPN network and communicate these to the Customer. Customer cannot submit its own VRF numbers on the Service Order.

Customer Responsibilities - Internal Cabling

  • The Customer is responsible for providing all internal cabling to connect the Customer Equipment to the Service Equipment. Upon Customer request in the Service Order, BahatiGroup may provide standard Internal Cabling at an additional charge, provided the Service Equipment and the Customer Equipment are located in the same room within a distance of maximum 15 metres of each other. If the Customer requires BahatiGroup to provide extended Internal Cabling outside the above limitations, Customer will be responsible for conducting such Site survey to determine if such internal cabling can be provided by BahatiGroup and the additional charges that would be applicable. BahatiGroup may at Customer's request offer assistance for the internal cabling Site survey or make known a third party who can assist.
  • The Customer shall ensure that the demarcation point of the Access circuit will be within 1.5 metres of the CPE.
  • After installation by BahatiGroup any Internal Cabling becomes part of the Customer Equipment.

Customer Responsibilities

  • Customer shall have the Customer Site prepared and ready for installation of the CPE by BahatiGroup or its designee, or in the case of self install by the Customer, on the delivery date specified by BahatiGroup. Customer shall be responsible for movement of the CPE from the receiving area to the final staging location in the demarcation area at the Customer Site. The Customer must identify a suitable location for the CPE. The location must be dry, free from vibration and well ventilated.
  • Unless otherwise specified in this Service Order or where BahatiGroup does not provide the CPE, Customer shall be responsible for obtaining, installing, inter-connecting, and maintaining all equipment, software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the CPE and/or the BahatiGroup Telecommunications Network or otherwise for use in conjunction with the MPLS-VPN Service ("Customer Equipment"). Customer is solely responsible for ensuring that this Customer Equipment is compatible with BahatiGroup's requirements and that it continues to be compatible with subsequent revision levels of BahatiGroup -provided equipment and services. BahatiGroup is not responsible for the availability, capacity or condition of any Customer Equipment.
  • Customer shall report detected Service failures and provide any information to the BahatiGroup Customer Service Centre.
  • Customer shall ensure that its electronic files are adequately duplicated and documented at all times. Neither BahatiGroup nor its designees are responsible or liable for Customer's failure to duplicate or document files or for data or files lost during the performance of the Service.
  • If applicable, Customer shall provide adequate power receptacle no further than 1 meter from the Router install location. BahatiGroup Business shall supply a power strip to plug into the receptacle. All Routers will be plugged in to the power strip. It is Customer responsibility to ensure adequate power supply to the Router. Appropriate circuit breakers are the responsibility of the Customer.
  • Customer shall provide an uninterrupted power supply (UPS) device for all CPE receiving the Service. Customer will maintain each UPS device in good working condition at all times during the Service Term.
  • Customer shall not for the duration that a Service is provided under this Service Order, access, configure, amend, modify, repair or remove the CPE. 8.8 Where Customer purchases CPE from BahatiGroup, Customer shall not retain any access rights to the CPE and grants to BahatiGroup all such access rights to the CPE as required to provide the Service.
  • Where requested by BahatiGroup, Customer shall perform a reboot of the CPE in case of a Service outage.
  • If the Customer has not elected for BahatiGroup to manage the CPE, BahatiGroup shall not be held responsible for routing issues from CE to PE, or for downtime or service unavailability, packet loss, or service degradation for any reason related to CPE.

Risk of Loss & Passing of Title of CPE to Customer

  • Risk of loss in the CPE shall pass to Customer upon delivery of CPE to the Customer Site.
  • Subject to paragraph 9.3, title in the CPE shall vest in the BahatiGroup Local Entity upon delivery to the Customer Site, to the extent that: (i) there is a BahatiGroup Local Entity in the territory where the CPE is to be located at the time of acceptance of the Service Order by BahatiGroup; (ii) that BahatiGroup

Signature

  • Local Entity is entitled under the laws and regulations of the territory to hold title to equipment; and (iii) there is an established import channel for BahatiGroup to import and deliver the CPE into the territory.
  • If any of (i), (ii) or (iii) in paragraph 9.2 do not apply, then this shall be indicated in the Service Order and (i) title to the CPE shall pass to Customer upon delivery of the CPE; (ii) Customer shall be the importer of record in respect of the import of the CPE into the territory; and (iii) paragraph 9.5 below shall apply in the case of any termination of the Service prior to expiry of the Initial Service Term, and any other reason which results in non-payment by Customer for the full value of the CPE provided as part of the Service.
  • If title to the CPE vests in a BahatiGroup Local Entity, upon expiry of the Service Term or upon termination of the Service for whatever reason, BahatiGroup may require Customer to return the CPE promptly on receipt of such notice, freight prepaid, to such location as BahatiGroup may designate in writing, in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof only excepted.
  • If title in the CPE passes to Customer pursuant to paragraph 9.3, and Customer terminates the Service prior to expiry of the Initial Service Term (other than for material breach under the Agreement), then, upon receipt of an invoice, Customer shall pay to BahatiGroup, all amounts attributable to the CPE but not paid by Customer as part of the Charges for the unexpired part of the Initial Service Term, as reasonably calculated by BahatiGroup in reference to the Charges. BahatiGroup shall provide Customer with sufficient documentation to quantify the outstanding amounts claimed by BahatiGroup in respect of the CPE for the unexpired part of the Initial Service Term.
  • Clauses 8, 9 and 10 shall only apply where Customer selects not to purchase CPE.

Software

Any software and related documentation provided by BahatiGroup to Customer or Customer Affiliate in connection with the CPE, and not otherwise subject to either a separate written agreement executed between BahatiGroup and Customer or an accompanying end-user licence (the "Software") is provided pursuant to a personal, non-exclusive, non-transferable licence to use the Software, in object code form only, solely in connection with the CPE and the receipt of the Service for the internal business purposes of Customer and Customer Affiliates. Customer shall not, and shall procure that each Customer Affiliate shall not, otherwise use the Software and in no circumstances shall copy and/or modify, alter, decompile or reverse engineer the Software in any manner, except as may be expressly permitted by law. BahatiGroup makes no warranty in respect of the Software and has no obligation to provide maintenance or any other kind of support for the Software, except as provided for as part of the Service.

Export

Customer acknowledges that certain equipment, software and technical data, which may be provided hereunder, may be subject to export and re- export controls under the U.S. Export Administration Regulations or similar regulations of the U.S. or any other country. Customer shall not export or re- export any such equipment, software, technical data or any direct product thereof in violation of any such laws. BahatiGroup shall provide reasonable assistance to Customer and its Customer Affiliates to facilitate this compliance. This assistance may include preparation of import and customs forms and, where requested by Customer, acting as Customer's agent in the import process. In any event, BahatiGroup does not represent that any necessary import, export, or customs licenses or approvals will be granted with respect to the Service provided hereunder.

Service Availability

Services and/or features are not available in all countries, and may be procured from in-country provider in select countries. Please consult your BahatiGroup representative for service availability.

Equipment Lease Agreement

This Equipment Lease Agreement ("Lease") is made and effective the current user (“Lessee”) signing the rental order and the payment of the rental invoice by the Lessee on collection of the lease equipment, by and between BahatiGroup cc ("Lessor") and the Lessee, collectively referred to as the “Parties”.

  • The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor, the following described equipment (the "Equipment") shown in the order. The Lessor warrants that the Lessor has the right to lease the equipment, as provided in this Lease.
  • The term of this Lease shall commence on the start date described in the order and shall expire on the finish date shown in the order.
  • The rent for the Equipment shall be paid in advance in full. The Equipment will be deemed to be sold to the Lessee when Lessee has failed to return the Equipment to the Lessor and not contacted the Lessor in writing within seven (7) days of expiration of the Term or cancellation of the agreement.
  • The Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. The Lessee shall be responsible to maintain insurance on the Equipment with losses payable to the Lessor against damage, loss, fire, theft, collision, and other such risks as are appropriate and specified by the Lessor. In the event of damage of any kind whatsoever to the Equipment, the Lessee agrees to immediately contact the Lessor with an accurate description of the damage and the circumstances of its occurrence. The Lessee agrees to be bound, legally and otherwise, by the report of the Lessor's chosen repair venue as to the cause of the damage to the Equipment. In the event of loss of any kind whatsoever to the Equipment, the Lessee shall notify the Lessor within three (3) days of loss and, at the Lessor's option and whatever option is higher:
    • (ii) Replace the same with like equipment in good repair, condition and working order; or
    • (ii) Pay to the Lessor the replacement cost of the Equipment.
  • The Equipment is, and shall at all times be and remain, the sole and exclusive property of the Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.