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Tech Bench Services Description
1. Priority and Defined Terms
The priority of this Tech Bench Services
Description is provided in the General Terms and Conditions. Any
capitalised terms utilised in this Tech Bench Services Description
that are not defined in paragraph 7 below shall have the
definitions provided in each Services Order Form and the General
Terms and Conditions.
MT shall make the Tech Bench Services
available to the Customer through the MT retail outlet in Douglas
during normal open hours.
3. Tech Bench Services
3.1 MT shall make the Tech Bench
Services available to the Customer with the reasonable skill and
care of a competent provider of such services.
3.2 MT shall use its reasonable
endeavours to provide the Tech Bench Services in accordance with
the terms hereof.
3.3 MT does not warrant that its Tech
Bench Services will be free from faults or that its service
provision will be continuous.
3.4 If the Customer requires MT to
make amendments to any element of the Tech Bench Services that MT,
acting reasonably, deems to be material or that MT considers falls
outside of the original scope of the Tech Bench Services, then such
amendments shall not be implemented until the Parties have complied
with the Change Management Procedure in relation thereto.
3.5 The Customer fully understands and
agrees that MT undertakes to carry out the work detailed therein at
the Customer’s own risk to the Customer’s Own Equipment.
4. Customer Obligations
4.1 The Customer understands that MT accepts
no liability for the loss of material from Customer’s Own Equipment
including, but not limited to, pictures, contacts, emails and
documents, when carrying out Tech Bench Services. The Customer must
make adequate back-ups of any material held on Customer’s Own
Equipment prior to undertaking Tech Bench Services.
5.1 In consideration of the Tech Bench
Services being made available to the Customer by MT, the Customer
shall pay to MT the Fees as provided in the Services Order Form in
accordance with the terms of this Tech Bench Services Description
and the General Terms and Conditions.
5.2 For the avoidance of doubt, MT reserves
the right to make commercially reasonable adjustments to any of its
Fees from time-to-time.
5.3 If the Customer’s usage of the Tech
Bench Services causes MT to incur additional fees that were not
envisaged by the Parties or not included on any Services Order
Form, then MT reserves the right to issue invoices to the Customer
for the additional fees incurred by MT.
6.1 The Customer shall be liable for all of
the acts and omissions of any of all Customer employees in relation
to the services provided by MT to the Customer and otherwise.
6.2 The Customer shall comply at all times
with all applicable laws and regulations (including the Computer
Misuse Act 1990), any applicable Government or regulatory authority
laws relating to any Internet or other services provided by MT to
its customers and any Applicable Data Protection Laws in effect
from time to time.
6.3 MT shall ensure that the Tech Bench
Services shall comply with all applicable laws and regulations, any
applicable Government or regulatory authority laws that may be
relevant to MT’s provision of the Tech Bench Services.
6.4 MT is not in a position to assess any
consequential loss which the Customer may suffer as a result of any
failure of the Tech Bench Services as described within this Tech
Bench Services Description, or any other default on the part of MT
and it would be impractical and uneconomic for MT to insure against
such liability. Accordingly, the Parties agree that it shall the
responsibility of the Customer to accurately assess any
consequential losses that it and/or its clients may suffer and to
obtain and maintain adequate insurance in relation to such
6.5 MT shall be entitled at any time to make
any emergency changes to the Tech Bench Services which are
necessary to comply with any applicable safety, security or other
statutory requirements, which do not materially affect the nature
or quality of the Tech Bench Services. MT shall inform the Customer
as soon as reasonably practicable thereafter of any such changes
that have been made.
7. Definition and Interpretation
7.1 In addition to defined terms provided
each Services Order Form and the General Terms and Conditions or in
any Schedules hereto, the terms and phrases provided below will
have the meanings provided herein:
Change Management Procedure
means the change management procedure provided as a Schedule to the
General Terms and Conditions;
Customer’s Own Equipment
means equipment owned by the customer including, but not limited
to, mobile handsets, routers and computing equipment applicable to
Tech Bench Services as described in the Services Order Form;
General Terms and
Conditions means MT’s general terms and conditions, as may
be amended from time to time, the latest version of which can be
obtained at www.manxtelecom.com;
Parties mean the Customer
and MT together and Party shall mean either of them;
Services Order Form means
the service order form entered into by the Parties,
Tech Bench Services means
the services that the Customer requires MT to provide as detailed
on the Services Order Form and herein;
Tech Bench Services
Description this document.
F9/SD/31 Final 30th October 2012