1.34 "Service Interruption" means any interruption in the Service(s) making the Service(s) unusable to the Customer or fall below the Quality of Service Specification which is due to a failure of FastNet's facility, equipment or personnel used to provide the Service(s), and which failure is not excusable pursuant to section 21 below or section 7 below, and which interruption is not covered by clause 16.2 below.

1.35 "Quality of Service Specification" or "QoS Specification" means the level of service specified by the section entitled Quality of Service Specification within the corresponding Service Order.

2 SERVICE(S)

2.1 Any Service Order issued by the Customer shall be subject to the terms and conditions of this Agreement, and the Tariff Details and any additional terms and conditions contained within that Service Order.

2.2 A Service Order shall be deemed accepted by FastNet when the Customer has received a copy of the service order signed by an officer of FastNet. A Service Order shall supersede all prior agreements or understandings with respect to the specific Service(s) described in the Service Order, and shall, together with this Agreement and the Tariff Details provided with the Service Order, comprise the full and final agreement between the parties.

2.3 In order that it may continue to maintain the level and quality of the Services provided, FastNet reserves the right at all times to change or alter the configuration of the Service(s) provided under this Agreement. FastNet shall, where possible, use reasonable efforts to give at least thirty (30) calendar days prior written notice to the Customer of such change or alteration. Regardless of any configuration changes, the service provided will be that stated on the pertinent Service Order.

2.4 The Customer may use the Service(s) and Internet Service(s) to link into other Internet networks, but the provisions of this agreement apply only to those parts of the Internet Service(s) which are provided by FastNet. FastNet is not responsible in any way for any other part of the Service(s), including but not limited to other networks to which FastNet connects. FastNet may without notice and from time to time change or alter the networks to which FastNet connects.

3 DELIVERY

3.1 Prior to delivery of the Services the Customer will where necessary and unless otherwise agreed in writing with FastNet at its own expense and in sufficient time to facilitate delivery of the Services prepare its premises for installation providing all necessary electrical and other connections, fittings, facilities, and equipment as recommended by FastNet.

3.2 FastNet will use its reasonable endeavours to comply with any date or dates for delivery of the Services but unless expressly provided in writing such dates will constitute only statements of expectation and will not be binding.

3.3 If FastNet having used its reasonable endeavours fails to dispatch or deliver the Services by such date or dates such failure shall not constitute a breach of this Agreement and in particular without limitation FastNet shall not be responsible for delays caused by

3.3.1 data carriers or telephone companies providing access circuits

3.3.2 any default of the Customer

3.3.3 the management of the Customer's premises

3.3.4 any failure beyond the control of FastNet

3.4 Service Order processing will commence and the delivery time will be reckoned from the date of receipt of initial payment for the Service Order from the Customer.

4 ACCEPTANCE

1. The Customer shall accept the installation of the Service(s) by submitting the Certificate of Acceptance attached.
2. The Customer shall notify FastNet in writing within 40 Working Hours of installation of any defect, fault, or impairment in the Service(s) describing the fault. FastNet will use reasonable efforts to remedy such defects, faults, or impairment of which it is so notified. The Service(s) shall not be deemed to be accepted by the Customer until the identified defect(s), fault(s) or impairment has been remedied, except as provided in clause 5.2.

4.3 In the event that the Customer fails to submit the Certificate of Acceptance or has not made any notification to FastNet pursuant to clause 4.2, the connection of the Service shall be deemed accepted by the Customer on the date of installation.

5 COMMENCEMENT OF SERVICE

5.1 The Service will commence on the date of installation unless the Customer notifies FastNet of faults as specified in clause 4.2.

5.2 Notwithstanding clause 4.2, the Service will be deemed to be accepted and to commence if

5.2.1 FastNet having installed an Access Router as part of Customer Premises Equipment, FastNet can communicate with that Access Router using Internet Protocols; or

2. FastNet not having supplied an Access Router as part of CPE, FastNet engineers can communicate using Internet Protocols with test equipment installed by FastNet engineers at the Customer's location and connected to the access circuit, whether the circuit is provided by FastNet or the Customer.; or

5.2.3 the Customer fails to provide FastNet engineers with access to the Customer's premises to allow them to test the Services as described in 5.2.2.

6 TERM AND TERMINATION

6.1 This agreement shall be effective for the period (Initial Term) specified on the Service Order(s), and shall automatically be renewed thereafter as per the Extended Term(s) as specified on the Service Order(s). The agreement may be terminated by either party on any date after the end of the Initial Term, provided that written notice is given to the other party in a period in advance no less than that specified as the Termination Notice on the Service Order(s).

6.2 The Customer may terminate this Agreement forthwith where Period(s) of Notified Service Interruption (subject to the exemptions specified in clause 1.34) equal or exceed either twenty-four (24) cumulative Working Hours during any continuous twelve (12) month period, or include a single outage with a Period of Notified Service Interruption (subject to the exemptions specified in clause 1.34) of seventeen (17) working hours or more.

6.3 FastNet may terminate this Agreement forthwith or withdraw or suspend the Service(s) hereunder at any time upon:

6.4 Any termination shall not relieve the Customer of its obligation to pay any charges incurred hereunder prior to such termination. The Parties' right and obligations which by their nature would extend beyond the termination, cancellation or expiry of this Agreement shall survive such termination, cancellation or expiry.

7 SERVICE MAINTENANCE

7.1 FastNet shall give written notification to the Customer for all scheduled Service(s) maintenance, alteration or suspensions which shall affect the Customer. Such notification will normally be made by email to the address specified on the Service Order, but may also be made by fax or by post to the fax number or address specified on the Service Order respectively. Where possible, such notice shall be given at least seven (7) calendar days prior to the scheduled event. Where possible, FastNet shall implement all scheduled Service(s) maintenance, alterations or suspensions outside Working Hours. Such maintenance may include but is not limited to deliberate impairment or suspension of Service(s) to the Customer.

8 FAULT RESOLUTION

8.1 In the event that the Customer becomes aware of a defect, fault or impairment in the provision of the Service(s) other than as provided in clause 7, and the Customer gives notification to FastNet of such defect, fault or impairment, then FastNet shall use its reasonable efforts to resolve the defect, fault or impairment as quickly as reasonably possible.

8.2 If it is determined that the defect, fault or impairment is a result of: (i) the negligence, wilful acts, omissions, or faults of the Customer or its agents, or (ii) the Customer or its Agent's breach of this Agreement, or (iii) the failure or malfunction of Customer Equipment, then FastNet may recover from the customer all reasonable costs incurred in remedying the defect, fault or impairment.

9 CUSTOMER PREMISES EQUIPMENT

9.1 FastNet or its subcontractors may substitute, change, rearrange or reconfigure any Customer Premises Equipment used in providing the Service(s) at any time, but shall not thereby alter the technical functionality of the Service(s) provided except where such alteration is made pursuant to clause 2.3.

9.2 Where possible, FastNet shall give the Customer thirty (30) calendar days prior notification of any substitution, change, rearrangement or reconfiguration of any Customer Premises Equipment made pursuant to clause 9.1.

9.3 Title to any Customer Premises Equipment shall at all times belong to and remain with FastNet (or its subcontractors) and the Customer shall not create or allow any charges, liens, or other encumbrances whatsoever to be placed on any Customer Premises Equipment.

9.4 If the Customer desires to relocate or otherwise change the place at which the Service(s) is delivered, then at FastNet's option, the Customer may be required to pay any additional installation charges for the new location and any Service(s) support costs resulting from such agreed relocation or change of the place of the Service(s).

10 SERVICE INTERRUPTION

10.1 For Service Interruptions (subject to the exemptions specified in clause 1.34), FastNet shall grant a credit allowance against future charges under the same Service Order(s) incurred under this Agreement as follows:

10.2 A credit allowance for the Service(s) Interruption will be granted only if (i) the Interruption is not the result of negligence, wilful act or omissions or the fault of the Customer or its agents, or the failure or malfunction of Customer Equipment (including but not limited to the Power Supply to any Customer Premises Equipment), and (ii) the Customer affords FastNet full and free access to the Customer Premises to make appropriate repairs, maintenance and testing, and (iii) the Customer does not continue to use the Service(s) on an impaired basis, and (iv) the exceptions given as per clause 1.34 do not apply.

10.3 Where a credit allowance is granted under clause 10.1, it shall be granted exclusively against future charges made by FastNet under the relevant Service Order(s), and thus shall neither be available to the Customer as a refund, nor as credit against charges made by FastNet under other Service Order(s) under this Agreement.

11 SERVICE SUSPENSION

11.1 FastNet may at its sole discretion elect to suspend forthwith provision of the Service(s) until further notice in the event that (i) FastNet is entitled to terminate this Agreement, and no exercise by FastNet of its right of suspension under this clause shall exclude FastNet's right subsequently to terminate this Agreement; or (ii) FastNet needs to carry out maintenance pursuant to section 7 of this Agreement to any Customer Premises Equipment or any other equipment or configurations of equipment which are used to provide the Service(s); or (iii) FastNet is obliged to comply with an order, instruction or request of Government, an emergency service organisation or other competent administrative authority; or (iv) if outstanding amounts due under this agreement to FastNet are not paid as per clause 16.2.

11.2 In the event that FastNet exercises its right to suspend the Service(s) pursuant to clause 11.1(ii) or 11.1(iii), it shall where reasonably possible give prior notice to the Customer of such suspension.

11.3 Where the suspension is implemented other than as a consequence of the breach, fault or omission of the Customer, FastNet shall make no charge to the Customer in respect of the suspension and/or recommencement of the provision of the Service(s).

11.4 Where the suspension is implemented as a consequence of the breach, fault or omission of the Customer, the Customer shall at FastNet's option pay FastNet's reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the Service(s). The parties agree that the original setup fee is a reasonable estimate of such costs and expenses.

12 WARRANTIES

12.1 Provided that the Customer performs its obligations under this Agreement, FastNet warrants that it shall use reasonable skill and care:-

12.1.1 to establish that the Service(s) meet the Quality of Service Specification (para. 1.35) when they are installed (provided FastNet conducts such installation); and

12.1.2 thereafter in the performance of the Service(s) to meet the Quality of Service Specification.

12.2 Save to the extent that they are expressed in this Agreement, all representations, conditions, warranties and terms relating to this Agreement or the Service(s) to be performed by FastNet under or in connection with this Agreement (whether statutory or otherwise, and including, without limitation, any as to the fitness for a particular purpose, satisfactory quality or merchantability of any thereof) are hereby excluded by FastNet to the fullest extent permitted by law.

12.3 Unless (and to the extent) otherwise agreed in writing between the parties, time shall not be of the essence of the performance by FastNet of any of its obligations under this Agreement.

13 LIABILITY

13.1 Nothing in this Agreement shall limit FastNet's liability to the Customer for death or personal injury resulting from FastNet's negligence.

13.2 The Customer acknowledges that the sole and exclusive remedy in respect of Service Interruptions and Notified Service interruption shall be as provided in section 10.

13.3 Except for FastNet's liability to the Customer under clause 13.1 (to which no limit applies), and without prejudice to clause 13.2, FastNet's liability arising under or in connection with this Agreement (whether such liability arises from negligence, breach of contract or howsoever) in respect of each event or series of connected events shall not exceed the greater of:-

13.3.1 �5,000 (five thousand pounds)

13.3.2 The total amounts paid by the Customer under clause 16.1 in the quarter when such event (or the first event in any series of connected events) occurs.

13.4 Notwithstanding clause 13.3, in no case will FastNet be liable to the Customer or any third party for or in respect of any indirect of consequential loss or damage (whether financial or otherwise), or for any loss of data, profit, revenue, contracts or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if the same was foreseeable by, or the possibility thereof is or has been brought to the attention of, FastNet.

13.5 No action or proceeding against FastNet arising out of or in connection with this Agreement shall be commenced more than one year after the Service(s) rendered, and the Parties acknowledge that this clause constitutes an express waiver of any rights under any otherwise-applicable longer statute of limitations.

14 CUSTOMER OBLIGATIONS

14.1 The Customer shall allow FastNet and its subcontractors continuous access and right-of-way to the Customer's premises appropriate and necessary to the provision and maintenance of the Service(s) and any Customer Premises Equipment. The Customer shall furnish FastNet and its subcontractors, at no charge, such equipment, space and electrical power as is reasonably required by FastNet and its subcontractors to enable FastNet to render the Service(s).

14.2 The Customer shall be liable for theft of or any and all damages to any Customer Premises Equipment which is caused by (i) the negligent or wilful acts or omissions of the Customer for the Customer's breach of terms of this Agreement; or (ii) malfunction or failure of any equipment or facility provided by the Customer or its agents, employees or suppliers, including but not limited to Customer Equipment.

14.3 The Customer is responsible for identifying, monitoring, removing and disposing of any hazardous materials which it is required to remove by law prior to any construction or installation work being performed by FastNet or its subcontractors, and the Customer shall indemnify, keep indemnified, defend and hold FastNet harmless from any liability incurred in the use of or in connection with hazardous materials on the Customer's premises.

14.4 The Customer shall provide to FastNet such information as FastNet may reasonably require in order to provide the Service(s) and the Customer shall at its own expense modify the Customer Equipment to be used in conjunction with the Service(s) and take full account of any approval granted under national law to the Customer Equipment in question.

14.5 The Customer shall ensure at all times that the Customer Equipment shall conform to the relevant national standards of approval and the Customer shall at all times comply with the conditions of such standard or approval. FastNet reserves the right to disconnect any Customer Equipment if the Customer does not fulfil its obligations under this clause, or if in the opinion of FastNet or its subcontractors it is liable to cause the death of or personal injury to or damage the property of FastNet or its subcontractors or any person, or will impair the quality of any Services provided by FastNet to any of its other Customers.

14.6 The Customer shall, if required by any applicable license granted under national law, or if requested by FastNet, notify or obtain any necessary permission or co-operation of a telecommunications network provider or other relevant person for the connection or maintenance of Customer Equipment. FastNet shall have no liability whatsoever in any case where such notification is not given or such permission or co-operation is not obtained.

14.7 The Customer shall procure all necessary licenses, waivers, consents or registrations necessary to deliver, install, and keep installed at the Customer's Premises any Customer Premises Equipment. FastNet may advise the Customer of such requirements and the date by which they are required to be fulfilled in a schedule of requirements.

14.8 The Customer hereby grants all such licenses, consents, or registrations referred to in clause 14.7 to the extent the Customer has the power and authority to grant the same in respect of the delivery, installation and maintenance of any Customer Premises Equipment at the Customer's other premises.

14.9 The Customer undertakes:

14.9.1 to house any Customer Premises Equipment in accordance with FastNet's instructions as may be notified to the Customer from time to time; this shall include, but not be limited to, the provision of electrical power to any Customer Premises Equipment (as specified in the appropriate Service Order(s)) supported by an appropriately specified Uninterruptable Power Supply provided at the Customer's own expense. FastNet shall not be liable for any fault or deprecation of Service(s) due to failure of the supply of electrical power to any Customer Premises Equipment; such a failure shall be deemed a failure of Customer Equipment for the purposes of assessing whether or not a fault or deprecation of service constitutes a Service Interruption.

14.9.2 to keep any Customer Premises Equipment at the Customer's premises and stationary at all times.

14.9.3 not to add, modify, relocate, reconfigure or in any way interfere with any Customer Premises Equipment;

14.9.4 not to cause any Customer Premises Equipment to be removed, repaired, serviced, or otherwise attended to except by an authorised representative of FastNet.

14.9.5 not to remove, tamper with, or obliterate any words or labels on any Customer Premises Equipment or any part thereof.

14.9.6 not to use any Customer Premises Equipment except in accordance with such written instruction as may be notified by FastNet from time to time.

14.9.7 to permit FastNet or its subcontractors to inspect or test any Customer Premises Equipment at all reasonable times.

14.9.8 on termination of this Agreement (howsoever the same may arise) to yield up any Customer Premises Equipment in a good state of condition and repair to FastNet and to allow FastNet or its subcontractors access to the Customer premises to remove any Customer Premises Equipment.

14.11 The Customer shall comply with the IP address allocation rules set out by RIPE, and to complete and submit form ripe.137 (or any form which might supersede that form) where necessary on request.

14.12 The Customer shall provide a support function for the provision of support to Users who must be required and directed to use this route to report all faults, queries and complaints. For the avoidance of doubt, FastNet shall have no responsibility for provision of support to Users.

14.13 The Customer undertakes to comply with FastNet's Acceptable Use Policy as set forth in section 15 and as published on the World Wide Web at http://www.fastnet.co.uk/documents/aup.html.

14.14 The Customer undertakes to include in its contracts with its Users and connected networks which send or receive data using Access Equipment provided by FastNet terms of use equivalent to those in clauses 14.3 and 14.4 and section 15.

14.15 The Customer undertakes to indemnify and keep indemnified FastNet against any prosecution, civil or criminal, all costs, claims, demands, actions and proceeding which may be brought or threatened against FastNet by any User or third party to whose networks the Customer's networks connected, expressly including, but not limited to, uses of the Internet which are in breach of section 15. The Customer undertakes to indemnify FastNet against any prosecution, civil or criminal, all costs, claims, demands, actions and proceedings which may be brought or threatened against FastNet by the third party which arise from the Customer's use of Internet Services or the User's use of Internet Services.

14.16 The Customer undertakes (except where this is done with full knowledge and consent of the Customer, and pursuant to clause 14.14 and 14.15) to ensure that no third party may use the Service(s) provided by FastNet, and to indemnify FastNet against any prosecutions, civil or criminal, which result from such use. This clause shall not in itself prevent resale or onsale by the Customer to User(s) of Service(s) provided under this Agreement where those User(s) are known to the Customer, and where the User(s) have the full consent of the Customer, and where such use is pursuant to clause 14.14, 14.15, and 14.20 and all other relevant parts of this Agreement.

14.17 Intellectual property rights in all software supplied to the Customer remain the property of FastNet or its licensor. The Customer agrees to comply with the terms of any agreement reasonably required by the owner of intellectual property rights in all software supplied to the Customer for the protection of that software.

14.18 The Customer confirms and warrants that he is the owner of or that he has been duly authorised by the owner to use any trade mark or name requested or allocated as its Name. The Customer acknowledges that FastNet cannot guarantee that any Name requested by the Customer will be available or approved for use. FastNet shall have discretion to require the Customer to select a replacement Name and may suspend Service if, in the opinion of FastNet, there are reasonable grounds for FastNet to believe that the Customer's current choice of Name is, or is likely to be, in breach of the provisions of this clause or of section 15.

14.19 Service(s) and Internet Service(s) may comprise equipment, software, services, technical information, training materials or other technical data, which, because of their origin or otherwise are subject to United Kingdom or United States of America export control regulations or the laws or regulations of another country. In such case, provision of Service(s) and Internet Service(s) shall be conditional upon the parties obtaining and providing all necessary consents. The parties shall provide reasonable assistance to each other to obtain such consents. The Customer undertakes to comply with any applicable export or re-export laws and regulations, including but not limited to obtaining written authority from the UK or USA government as appropriate if the Customer intends at any time to re-export any items of UK or USA origin to any proscribed destination.

14.20 The Services may be resold, onsold, or otherwise transferred to persons not in the employ of the Customer or to other companies or organisations only with the written permission of FastNet.

14.21 The Customer may not use FastNet's name in publicity or press releases without FastNet's prior written consent.

15 ACCEPTABLE USE POLICY

15.1 The Services may not be used to send or receive any material which is offensive, abusive, indecent, obscene, or menacing; or in breach of confidence, copyright, privacy or any other rights, or to send or receive any material the sending or reception of which transgresses any laws of the United Kingdom, whether Civil or Criminal.

15.2 The Services may not be used to cause annoyance, inconvenience, or needless anxiety.

15.3 The Services may not be used other than in conformance with the Acceptable Use Policies of any connected networks and the Internet Standards.

15.4 A Name may not be used in such way as to infringe the rights of any person, whether in statute or common law, in a corresponding trademark or name.

15.5 Specifically, but without limitation, the transmission of computer viruses or pornography; forgery of addresses or other such data in IP packets; unauthorised access to the network management equipment of FastNet or other Internet providers or their customers; mail bombing; mass mailing of unsolicited advertising material; and the transmission of live video or live audio or the use of IP multicast without authorisation from FastNet are all unacceptable practices.

15.6 Where there is a conflict between The Acceptable Use in section 15 of this agreement and the Policy published at http://www.fastnet.co.uk/documents/aup.html the later takes precedence. FastNet reserves the right to change the Acceptable Use Policy to react to changes in the Internet or the use of the Internet.

16 PAYMENT

16.1 The Customer shall pay FastNet for the Service(s) in accordance with the rates and in the manner set out by the Service Order and the Tariff Details. Service(s) are billed annually in advance for the Service(s) provided during the following year, unless otherwise stated in the relevant Service Order(s).

16.2 FastNet reserves the right to charge interest on all outstanding amounts owed to FastNet and not paid in accordance with this Agreement, the applicable Service Order and the Applicable Tariff Details. Until payment in full is received by FastNet, interest shall be charged at a rate equal to four (4) percentage points above the Base Rate per annum compound interest before as well as after any judgement. Interest shall accrue notwithstanding termination of this Agreement for whatever reason. The Customer shall also pay all legal fees and other collection costs if any. Until payment in full is received by FastNet, FastNet reserves the right to withhold any or all parts of any or all services provided to the Customer under this Agreement until such time as payment in full is received by FastNet; during such time(s) as this right is exercised, charges for services shall still accrue.

16.3 The Customer is responsible for all charges including and after the earlier of the (i) Date of Acceptance or (ii) Deemed Date of Acceptance, as that date may be extended from time to time by mutual agreement of the Parties, or (iii) the date on which the Customer begins to use the Service(s) notwithstanding any notification given by the Customer to FastNet pursuant to clause 4.2.

16.4 All amounts due to FastNet under this Agreement are exclusive of all applicable taxes (including, but not limited to, Value Added Tax) which may be payable or from time to time be introduced and which shall be charged to and paid by the Customer in accordance with the relevant regulations in force at the time of making the taxable supply of the Service(s).

16.5 All amounts due to FastNet under this Agreement shall be paid by the Customer in full (without any set-off, deductions or withholdings whatsoever) by standing order, direct debit, cheque, electronic transfer or such other method as may reasonably be specified from time to time. If the invoice being paid is not evident in the remittance information, the payment will be applied to the oldest balance due to FastNet.

16.6 Unless otherwise agreed by FastNet in writing, payment shall be made by standing order.

16.7 Unless the Tariff Details provide otherwise, FastNet may increase pricing where written notice is given at least seven (7) calendar days prior to the start of the quarter previous to the quarter for which the price change is to take effect.

16.8 No transfer of services including any transfer of domain names or changes to the delegation of domain names will be permitted unless and until all outstanding invoices have been settled and cleared funds have been transferred to FastNet. In particular the customer waives the right to any redelgation or transfer of any domain name by any third party or authority.

17 COLOCATION SPACE

17.1 Where Colocation Space is provided to the Customer by FastNet the terms and conditions in this section shall apply.

17.2 In consideration of payments to be made by the Customer, FastNet grants to the customer a Colocation Space License to locate telecommunications and related computer equipment in the space specified in the Colocation Space Service Order form and the right from time to time by prior appointment with FastNet to enter the premises in which this space is located for the purpose of repairing and maintaining this equipment.

17.3 Installation of Colocated Equipment shall be deemed to have occurred on the Requested Availability Date or when FastNet has completed preparing the Colocation Space to receive the Customer's Equipment, whichever is later.

17.4 The Term of the Colocation Space License is as set forth in section 6.

17.5 The Customer may use the Colocation Space only to install, operate, and maintain telecommunications and related computer equipment. Telecommunications are restricted to conventional cable or fibre-based media. Microwave and optical communications are prohibited unless authorised in writing by FastNet.

17.6 Colocated Equipment must not emit excessive electromagnetic radiation, noise, dust or other pollutants. Colocated Equipment must not draw power in excess of that stated in the Service Order Form. Colocated Equipment must output signals which conform to relevant telecommunications standards. Colocated Equipment may not be connected or attached to the equipment of other customers or of FastNet or of other telecommunications service providers without express written permission from FastNet and from the other party, with any permission from other customers copied to FastNet. Packet sniffers and other forms of electronic surveillance devices are prohibited. Customer equipment must not be used for illegal or criminal purposes. Equipment not in compliance with these conditions may be disconnected. Unauthorised connections may be removed at FastNet's discretion.

17.7 No signs or emblems may be placed on the exterior of equipment or racks. Neither the customer nor subcontractors may in any way alter walls, floors, ceilings, or other parts of the building, the allocated Colocation Space, or any other cabling, construction, or equipment without specific written authorisation from FastNet.

17.8 The Customer must not make any portion of the space available to third parties or locate third party equipment in the space without written authorisation from FastNet.

17.9 Customer staff must bear proper identification at all times. Admittance out of hours may require up to three Working days notice. Subcontractors and the staff of other telecommunications services will be admitted only if arranged in advance and specifically approved by FastNet in writing and if bearing proper identification. FastNet may bar from the premises any individuals who have been observed touching, modifying, or tampering in any way with the equipment of FastNet or other customers. Visits by the customer or parties acting on the customer's behalf are deemed to be escorted from the time that the party signs in on entering the premises until the party signs out on leaving the premises.

17.10 FastNet may at its discretion require the relocation of Colocated Equipment within the building, either because of an emergency or, with 60 calendar days written notice, for good business reasons. FastNet will make every reasonable effort to avoid such relocation and will work with the Customer to minimise any disruption to services. FastNet will relocate any cabling and construction installed by FastNet at its own expense but the Customer will be responsible for any other costs relating to relocation.

17.11 The Colocated Equipment shall at all times be at the Customer's risk. The Customer shall be responsible for insuring the Colocated Equipment against all risks (including but not limited to fire, theft, and flood) and for obtaining such other insurance cover (including but not limited to consequential loss and loss of profits cover) as may be appropriate.

17.12 The Colocation Space License will be terminated if this Agreement is terminated as specified in section 6.

17.13 Upon the termination of this Agreement or the expiration of the Term of License, the Customer shall at the Customer's own cost remove the Colocated Equipment from FastNet's premises at a time to be agreed with FastNet, except that FastNet shall have a lien over the Colocated Equipment to secure all sums due under this agreement and the Customer shall not be entitled to remove the Colocated Equipment until such sums have been paid.

17.14 FastNet shall at FastNet's own expense defend the Customer against any and all claims that the Colocation Space infringes on any third party's property or ownership rights. FastNet shall at FastNet's discretion either settle any such claim, secure valid rights for the Customer's continued use, or secure equivalent Colocation Space that is not infringing. This warranty and remedy are valid only if the Customer gives FastNet prompt written notice of any such claim, provides FastNet with all relevant information in its possession, and allows FastNet to have sole control over the settlement or defence of such a claim.

17.15 The Customer will indemnify FastNet against all costs, claims, demands, losses, damages, expenses, and liabilities of any nature whatsoever suffered or incurred by FastNet in connection with any claim that the use or possession of the Equipment or any computer programs used in connection with the Colocated Equipment infringes the intellectual property rights of any third party.

17.16 The Customer shall indemnify and hold harmless FastNet, its officers and employees, servants, agents, affiliates and parent (if any), from and against any and all claims, costs, expenses, or liability arising out of the Customer's use of the Colocation Space or the Customer's operation of the Colocated Equipment.

17.17 Unless otherwise agreed by FastNet in writing, Colocated Equipment may be connected only to FastNet Access Equipment and Colocated Equipment may not be used to forward IP packets.

17.18 Any visitor to any of FastNet's PoPs must comply with FastNet's Health and Safety procedures. The relevant documentation will be made available to visitors. The procedures will be explained to any visitor upon request.

18 CONFIDENTIALITY

18.1 Each party agrees to maintain in strict confidence all plans, designs, drawings, trade secrets, business and other proprietary information of the other Party which is disclosed pursuant to this Agreement. Neither Party shall disclose to any third party such confidential information without the express written consent of the other. No obligation of confidentiality shall apply to the disclosed information which the recipient (i) already possessed without obligation of confidentiality; or (ii) develops independently; or (iii) rightfully receives without obligation of confidentiality from a third party.

19 LICENCE

19.1 No licence, express or implied, is granted by FastNet pursuant to this Agreement, except insofar as Colocation Space Service(s) agreed to as part of this Agreement include a license to use space in FastNet PoPs.

20 PARTNERSHIP

20.1 Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute or be deemed to constitute between the parties a partnership, association, joint venture, or other co-operative entity.

21 FORCE MAJEURE

21.1 Neither party shall be liable for any delay or failure in performance of any part of this Agreement, other than for any delay or failure to pay money, to the extent that such delay or failure is caused by fire, flood, explosion, accident, war, strike, embargo, governmental requirement, civil or military authority, Act of God, civil unrest, inability to secure materials or labour or any other causes beyond their reasonable control. Any such delay or failure shall suspend this Agreement until the Force Majeure ceases and the Service Order term shall be extended by the length of the suspension.

22 ASSIGNMENT

22.1 Neither party may assign this Agreement without the written consent of the other Party (which consent shall not be unreasonably withheld or unduly delayed).

23 SEVERABILITY

23.1 If any provision of this Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid and enforceable providing always that if such a provision is of a fundamental nature to this Agreement either party may terminate this Agreement forthwith.

24 NO WAIVER

24.1 Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right, nor operate so as to bar the exercise or enforcement thereof or to any other right on a later occasion.

25 PARAGRAPH HEADINGS

25.1 Paragraph headings do not form part of this Agreement and shall not be taken into account in the construction of interpretation thereof.

26 VARIATION

26.1 Except as provided by clauses 2.2 and 2.3, no term or condition of this Agreement shall be modified except by written agreement signed by a duly authorised representative of each Party.

27 ENTIRE AGREEMENT

27.1 This Agreement expresses the entire understanding of the Parties hereto and replaces any and all former agreements, understandings, solicitations, offers and representations relating to FastNet's performance in connection with this Agreement and contains all the terms, conditions, understandings, representations, and promises to the Parties hereto.

28 GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of England, and the Parties irrevocably agree to the exclusive jurisdiction of the courts of England.