CONDITION OF SUPPLY
Telecommunication Services

Introduction

Global Enterprise Network, being a communications company demands a high degree of performance from our suppliers, especially in the field of communications services. Not only do our worldwide internal operations rely on the services of third party organisations, but our customers also. Therefore, the following is our condition of supply contract, which we ask that you adhere to when tendering and contractually supplying Global Enterprise Network/GENTelecom Ltd.

Installation and Commissioning of Services

Subsequent to an Official Purchase Order supplied to you (You, being the company/organisation stated at the head of this contract, hereafter referred to as ‘the Vendor’), to supply telecommunications services to GENTelecom Limited (hereafter referred to as ‘the Company’) You will provide in writing, a contractually binding confirmation of our mutually agreed RFS (Ready for Service) date. Failure to supply written confirmation will be considered acceptance of our Purchase Order in its supplied state. Any variance on this RFS date not mutually agreed will be considered a breach of this undertaking, with the exception of circumstances beyond the reasonable control of the Vendor (e.g. War, Natural Disaster, Government Intervention, etc)

2. Amendments to Services

Subsequent to service commencement in accordance with our Official Purchase Order (1), ANY amendment to the service, which either directly or indirectly affects the services supplied, including but not limited to, roaming configuration, diversions, transfers, voicemail, shall only be undertaken upon either; receipt of our Official Purchase Order containing service amendment instructions, or, by writing to us at least 60 days prior to undertaking the service amendments with full details of the changes you intend to undertake (with the exception of service amendments beyond the reasonable control of the Vendor, e.g. War, Natural Disaster, Government Intervention, etc).

3. Termination of Services

It is recognised that some services will carry a minimum term of service, and the Company will state, where applicable, any minimum term of service on our Official Purchase Order. However, notwithstanding the said stated terms of service, termination of so ordered services shall be conducted in writing, and with at least 60 days notice by either party.

4. Customer Service

The Company demands at all times a reasonable level of support from the Vendor. This will include the appointment of a single point of contact within the Vendor whose responsibilities are to service the Company’s requirements so long as this condition of supply shall remain in force. The Vendor may vary this single point of contact at their discretion, providing that, with each variance, the Vendor informs the Company in writing of the change as soon as reasonably possible, and that the Vendor varies the single point of contact no more than 6 times within any 12 month period.

5. Communications

The Vendor will not contact the Company by telephone unless requested to do so, nor will the Vendor supply unsolicited commercial mail/email/faxes to any of the Company’s offices or representatives. The Company’s preferred method of communication is electronic mail, as this promotes the greatest efficiency within the organisation, and this should be used for all but the most urgent inter-operational correspondence. Official correspondences between the Company and Vendor via electronic email, shall only be considered legally binding should they carry a verifiable digital signature.

7. Breach of Undertaking

You acknowledge and agree that damages would not be an adequate remedy for any breach of this undertaking and the Company shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of any such undertaking. Furthermore, any breach of this undertaking by the Vendor, does not release the Vendor from this condition of supply. However, at the Company’s discretion, this contract of supply may be dissolved, including but not limited to, any outstanding purchase orders and/or contracts of supply in force at the time.

8. Governing Law

These terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and the parties submit to the jurisdiction of the English and Welsh Courts for all purposes relating to this Agreement.

9. Supply Chain

This Condition of Supply Agreement, operating between the Company and the Vendor, is taken to encompass the Vendor, and the Vendors entire supply chain which is involved in supplying services to the Company. The Vendor is considered to be directly responsible for ensuring the resilience and stability of their supply chain, and as such will be held solely accountable for the supply of so ordered services to the Company.