These terms and conditions (“Leased Line Terms”) apply to the provision of leased line services by Clarus Networks Limited and should be read in conjunction with Clarus Networks Limited’s general terms and conditions (“General Terms”).
1. Definitions and Interpretation
1.1 The definitions used in the General Terms apply to these Leased Line Terms. In addition, the following definitions apply:
“Leased Line Services” means the dedicated, high-capacity data services provided by Clarus Networks Limited, as described in the Quotation.
2. Application of Terms
2.1 These Leased Line Terms together with the General Terms, the Quotation, and any other document expressly included in the Agreement constitute the entire agreement between the parties with respect to the Leased Line Services.
3. Provision of Leased Line Services
3.1 Clarus Networks Limited will provide the Leased Line Services with reasonable skill and care and in accordance with the Quotation, these Leased Line Terms, and the General Terms.
4. Charges and Payment
4.1 The charges for the Leased Line Services shall be as specified in the Quotation. The client shall pay the charges in accordance with the General Terms.
5. Contract Term
5.1 The initial term for the provision of the Leased Line Services will be either 12, 36, or 60 months as specified in the Quotation or the product-specific terms and conditions (“Initial Term”).
5.2 Upon expiry of the Initial Term, the Agreement will continue on a rolling monthly basis unless and until either party terminates it by giving not less than 30 days’ written notice.
6. Fault Reporting and Incident SLA
6.1 Clarus Networks Limited shall respond to faults reported by the client in accordance with the Incident Service Level Agreement.
| Ethernet | |||
| BT / TTB / Colt / ClaraNet / Vodafone / SSE / City Fibre | Total Loss of Service | 24 x 7 | 5 clock hours |
| BT / TTB / Colt / ClaraNet / Vodafone / SSE | Degraded service / other | 24 x 7 | Best Efforts |
| Virgin | Total Loss of service | 24 x 7 | 6 clock hours |
| Virgin | Degraded service / other | 24 x 7 | Best Efforts |
| Vodafone | Query | 24 x 7 | 48 hours |
6.2 Clarus Networks Limited’s obligations under the SLA are subject to the client reporting faults promptly and providing all necessary assistance to Clarus Networks Limited to identify and resolve faults.
7. Termination
7.1 Either party may terminate the Agreement on expiry of the Initial Term or at any time thereafter by giving not less than 30 days’ written notice to the other party.
7.2 The client may terminate the Agreement during the Initial Term only upon payment of all outstanding charges for the remainder of the Initial Term, unless otherwise agreed in writing by Clarus Networks Limited.
8. Liability
8.1 Clarus Networks Limited’s liability in connection with the Leased Line Services shall be as set out in the General Terms.
9. General
9.1 These Leased Line Terms shall be governed by and construed in accordance with the laws of Scotland.
9.2 In the event of any inconsistency between these Leased Line Terms and the General Terms, the General Terms shall prevail.
9.3 Any changes to these Leased Line Terms must be agreed in writing by both parties.
9.4 The client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Clarus Networks Limited which is not set out in the Agreement.
Please note that this is a basic example and you may need to include additional terms or clauses to cover specific issues related to your leased line services. It is always recommended to seek legal advice when drafting or entering into a contract.
10. Use of Leased Line Services
10.1 The client must use the Leased Line Services in accordance with the terms of the Agreement, applicable laws, regulations, and any usage policies notified by Clarus Networks Limited from time to time.
10.2 The client must not use the Leased Line Services:
a) In any way that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
b) In a manner that facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, or discriminates based on race, gender, color, religious belief, sexual orientation, disability;
c) To cause or knowingly allow others to cause annoyance, inconvenience, or needless anxiety to anyone;
d) To send, knowingly receive, upload, download, or use any material which does not comply with our content standards;
10.3 The client is responsible for all use of the Leased Line Services through their account, regardless of whether such use is made by the client or someone else and whether or not such use is with the client’s knowledge or consent.
10.4 If the client becomes aware of any unauthorized or inappropriate use of the Leased Line Services, they must notify Clarus Networks Limited immediately.
10.5 If the client breaches this clause, or Clarus Networks Limited reasonably suspects that the client has breached this clause, Clarus Networks Limited may suspend the Leased Line Services immediately and without notice. In such a case, the client will not be entitled to any compensation or refund.
10.6 Clarus Networks Limited may cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or location of any user of the Leased Line Services.
This clause provides for responsible and lawful use of the Leased Line Services by the client and allows Clarus Networks Limited to take action in the event of a breach.
11. Leased Line Equipment
11.1 The client acknowledges that any and all equipment provided by Clarus Networks Limited (the “Leased Line Equipment”) to facilitate the Leased Line Services remains the property of Clarus Networks Limited, unless expressly stated otherwise.
11.2 The client agrees to:
a) Take good care of the Leased Line Equipment and ensure that it is kept in a secure, appropriate, and safe environment in accordance with any instructions or guidelines provided by Clarus Networks Limited;
b) Not alter, modify, remove, tamper with, or repair the Leased Line Equipment without Clarus Networks Limited’s prior written consent;
c) Allow Clarus Networks Limited or its authorized representatives access to the premises where the Leased Line Equipment is located for the purposes of installation, inspection, maintenance, replacement, or collection of the Leased Line Equipment;
d) Not remove or allow the Leased Line Equipment to be removed from the premises where it was installed without the prior written consent of Clarus Networks Limited;
e) Notify Clarus Networks Limited immediately of any loss, damage, theft or malfunction of the Leased Line Equipment;
f) Not to create any mortgage, lien, charge or other encumbrance over the Leased Line Equipment.
11.3 Upon termination of the Agreement, for any reason, the client shall promptly return the Leased Line Equipment to Clarus Networks Limited in good working order, fair wear and tear excepted. If the Leased Line Equipment is not returned, the client shall be liable for the costs of the Leased Line Equipment.
11.4 Any damage, other than fair wear and tear, to the Leased Line Equipment may result in the client being liable for repair or replacement charges, as reasonably determined by Clarus Networks Limited.
This clause covers the usage, care, and return of Leased Line Equipment provided by Clarus Networks Limited for the purposes of delivering Leased Line Services.
12. Access and Site Regulations
12.1 The client agrees to grant Clarus Networks Limited, its employees, and its contractors access to the client’s premises for the purposes of installation, inspection, maintenance, repair, upgrade, replacement or removal of the Leased Line Equipment.
12.2 Access shall be granted during normal working hours, unless otherwise mutually agreed upon in writing. The client agrees to provide sufficient notice and obtain any necessary permissions or consents required for Clarus Networks Limited to carry out its obligations.
12.3 The client agrees to provide a safe and suitable working environment for Clarus Networks Limited and its representatives in accordance with relevant health and safety regulations.
12.4 The client shall inform Clarus Networks Limited in writing prior to any alterations or modifications to the client’s premises that may affect the installation or operation of the Leased Line Equipment.
12.5 The client is responsible for obtaining any necessary consents, including landlord and local authority permissions, relating to any equipment installation, operation, and removal, and will comply with all applicable laws, regulations, and codes of practice.
12.6 Clarus Networks Limited will use reasonable endeavors to carry out work at times requested by the client but cannot guarantee to do so. Clarus Networks Limited will not be liable for any failure or delay in meeting such requests.
12.7 Clarus Networks Limited will endeavor to cause minimum disruption to the client’s premises when performing any work, however, the client acknowledges that installation, maintenance, and removal of the Leased Line Equipment may result in some physical disruption and/or damage to the premises, for which Clarus Networks Limited will not be liable.
12.8 The client will notify Clarus Networks Limited of any specific security, health and safety, or other regulations relating to access to and conduct on the client’s premises. Clarus Networks Limited agrees to adhere to reasonable site regulations as notified to it in writing by the client in advance.
