T h e e ss e n t i a l V O I C E n e t w o r k STX Order Form
STX Order Form You may use this form to order STX services. The Terms and Conditions which apply to these services are included at the back of this order form. Having signed and dated this form, please return it to: Client Implementation Team, London Stock Exchange plc, 10 Paternoster Square, London EC4M 7LS. The form will be countersigned for and on behalf of the London Stock Exchange plc and a copy returned to you to confirm acceptance of your order. 1. Contract Details [1.1] Company Details (correspondence address) Please use capitals or type Company Name Address Town County Country Postcode Telephone STX (if applicable) [1.2] Invoicing Details in Company Telephone STX E-mail Address for invoice (if different from 1.1. above) Town County Country Postcode [1.3] STX Directory Contact in Company Telephone STX E-mail Address Town County Country Postcode Customer Code LSE Order Number Office use only LSE Account Manager Received by the Exchange Date: / / Time: Notes on completing the form General Areas shaded in Green are for Exchange use only Box 1.1 Company Details Print your name, address and telephone details clearly. Box 1.2 Invoicing Details Print the details of the name, address and contact for invoicing purposes. Box 1.3 STX Directory Contact Print the details of the person responsible for approving and updating your company s entry in the STX Directory.
2. Service Details [2.1] New Installations Specify Service: Analogue Primary Analogue DR Digital Primary 8 Channel Digital Primary 15 Channel Digital Primary 30 Channel Digital DR 30 Channel Requested Start Date Location 1 Location 2 [2.2] Modifications to Existing Services Relocation: Upgrade to Service: Downgrade to Service: Please provide specific details including location, relevant STX numbers, etc Target Date: 3. Installation Details [3.1] Installation Details 1 Box 2.1 New Installations Indicate the type of service required for each new location requiring the STX Service. Box 2.2 Modification to Existing Services Tick the box to indicate the type of modification you would like to make to your existing service. Please provide specific details in the box below including STX numbers where relevant, whether the work can be carried out during office hours, etc. Box 3.1 Installation Details Print the details for the location of each installation, including the location within the building that the demarcation point is to be installed. Please note that the analogue demarcation point is the BT entry point to building, typically basement Distribution Point.
Installation Details Address Town County Country Postcode Main Reception Telephone: Location of Comms Room, including floor and room number Does the landlord require notification of installation? Yes No If yes, please ensure this is arranged separately Do you have any additional cabling requirements? Please note analogue services are provided to the BT Distribution Point, cabling from there to Comms Room etc is not included within a standard installation. This should be arranged through your PABX/Dealerboard Maintainer. Digital Customers Only: How would you like your STX connection presented to your PBX? RJ45 G703 Special Instructions: 2 Installation Details The contact details provided should be the person(s) responsible for overseeing the install of the service, including providing access to the building for relevant engineers. Please note that access to the room(s) where the service provider s networks enter the building may be required (e.g.basement Comms Rooms).
Address Town County Country Postcode Main Reception Telephone: Location of Comms Room, including floor and room number Does the landlord require notification of installation? Yes No If yes, please ensure this is arranged separately Do you have any additional cabling requirements? Please note analogue services are provided to the BT Distribution Point, cabling from there to Comms Room etc is not included within a standard installation. This should be arranged through your PABX/Dealerboard Maintainer. Digital Customers Only: How would you like your STX connection presented to your PBX? RJ45 G703 Special Instructions 4. Authorisation [4.1] Authorisation We understand and agree that all services provided hereunder are subject to the terms and conditions which are contained on the reverse of the STX Order Form Signed for and on behalf of the subscriber Position in Company Name (please print) Customer s Own Reference Date of Order [4.2] Confirmation Your order is hereby confirmed and accepted. Signed for and on behalf of the London Stock Exchange Date: / / Box 4.1 Authorisation In the section Customers Own Reference please insert one of the following pieces of information to assist with invoicing and billing: Purchase order number Cost centre reference Department contact name Invoicing contact
Terms and Conditions 1. Definitions Contract shall mean the agreement between the Subscriber and the Exchange governing the provision of STX facilities and shall include Exchange s Price List, as amended from time to time and available on request, these terms and conditions and the Order Form. Exchange shall mean the London Stock Exchange plc trading as the London Stock Exchange. Member Firms shall mean any person, firm or company which has been admitted to membership of Exchange. Service shall mean the provision of STX facilities. Service Start Date shall mean the date on which the Service is made available to the Subscriber, whether or not the Subscriber actually makes use of it. Subscriber shall mean any person, firm of or company at whose application Exchange provides the Service under these conditions and by whom the relevant charges are payable. STX shall mean Exchange s STX telephone system. 2. Service 2.1 Subject to the provisions of Condition 2.2 below, Exchange shall make available to the Subscriber the STX facilities specified in the Order Form. Exchange will take all reasonable steps to meet any specified delivery dates but such dates shall be estimates only and Exchange shall not be liable for failure to meet them. 2.2 The Service shall only be used in accordance with these conditions for the Subscriber s business purposes and shall not be used so as to bring Exchange, its business or markets into disrepute. 2.3 The Subscriber shall not use or permit the use of the Service: 2.3.1 to send a message or communication which is offensive, indecent, menacing, a nuisance or a hoax; or 2.3.2 fraudulently or in connection with the carrying on of a criminal offence; or 2.3.3 in breach of instructions given by the Exchange, a service provider of the Exchange or a licensed telecommunications provider for reasons of health, safety or the quality of the Service. 2.4 Exchange reserves the right to revise or amend the Service at any time. 2.5 Exchange will take all reasonable steps to ensure the reliability of the Service but Exchange shall not be liable for any interruptions or faults therein or for any loss or damage arising therefrom. 2.6 The Service details contained in the Order Form may be amended, provided that the Subscriber gives Exchange at least 30 days written notice of any change in his requirements for the Service and subject to the agreement of Exchange. 2.7 The Subscriber agrees that his subscription for each STX facility listed in the Order Form shall continue for a minimum term of twelve months from the Service Start Date applicable to it. 2.8 Charges shall be applicable from the Service Start Date. 2.9 Any Service failure or malfunction should be reported promptly during normal working hours (0800-1800, Monday to Friday, excluding public holidays) to the help desk managed by the Exchange s service provider. Exchange will take such steps as it deems necessary in order to restore the Service as soon as reasonably practicable. 2.10 Exchange reserves the right to make an additional charge for any maintenance work carried out either outside normal working hours as specified in Condition 2.10 above or outside the scope of Exchange s contractual obligations, including the investigation of reported faults where no fault is found to exist. 2.11 It shall be the Subscriber s responsibility to arrange for the provision of any equipment which he requires in order to be able to use the Service. All costs of installing, operating and maintaining such equipment shall be borne by the Subscriber. All such equipment must achieve Year 2000 conformity in accordance with BSI PD 2000-1. 2.12 The Subscriber must apply separately for any telecommunications lines he requires in order to be connected to the STX. 2.13 The Subscriber shall comply with any requests made by the Exchange or its service provider: to access the Subscriber s premises at any time to carry out work in connection with the Service and to provide facilities for any personnel engaged to carry out such work; to provide suitable accommodation, foundations, electricity supply and environment for any equipment required for the provision of the Service; to carry out any work in connection with any changes to the features or facilities of the Service or to permit the Exchange or its service provider to do so including to arrange for any necessary modifications to equipment or alterations to buildings to accommodate any equipment required for the provision of the Service 2.14 The Subscriber is responsible for any equipment placed on its premises in connection with the Service by the Exchange or its service provider. 3. Charges and Terms of Payment 3.1 All charges to be levied in connection with the provision of the Service shall be as stated in Exchange s Price List. 3.2 All charges shall be payable in advance. Initially, the Subscriber shall pay a pro rata amount for the period from the Service Start Date until 31st March. Thereafter, the Subscriber shall pay on an annual basis. 3.3 All charges quoted in Exchange s Price List are exclusive of Value Added Tax or any other similar tax or levy which may be payable thereon. Such taxes or levies will be added to Exchange s invoice as appropriate, at the rate prescribed by legislation. 3.4 All charges shall be paid within 30 days of the date of Exchange s invoice, and time of payment shall be of the essence of the Contract. Interest will be charged on sums overdue both before and after judgement at the rate of 2% per month calculated on a daily basis from the date payment was due until the date payment is received, such interest to be compounded monthly. 3.5 If the accuracy of any invoice is contested, payment of the amount not in dispute shall be made pending reconciliation of the reported discrepancy. 4. Cancellation Charges In the event that the Subscriber cancels all or part of his order for the Service at any time prior to the Service Start Date, the Subscriber shall reimburse Exchange all costs incurred by Exchange in arranging for provision of the Service and shall also pay Exchange a sum not exceeding 10% of the annual subscription charge current at the time of cancellation to cover other abortive work carried out prior to receipt of notice of cancellation. 5. Liability and Indemnity 5.1 Nothing in the Contract shall be effective to limit or restrict the liability of either party for death or personal injury caused by the negligence of its employees, agents or sub-contractors. 5.2 The liability of Exchange to the Subscriber for direct loss or damage whether in contract, tort (including negligence and breach of statutory duty) or otherwise arising out of or in connection with Exchange s performance of or its total or partial failure to perform its obligations under this Contract, shall in respect of any one incident or series of incidents attributable to the same cause, be limited to the sum of 5,000 (Five Thousand Pounds Sterling). 5.3 Exchange shall not in any circumstances be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for loss,
Terms and Conditions (contd.) whether direct or indirect, of profits, business or anticipated savings, or for any indirect or consequential loss, howsoever caused or arising. 5.4 The Subscriber shall indemnify and hold harmless Exchange from any actions, claims or proceedings brought by a third party alleging loss or damage arising out of the provision or non-provision of the Service to the Subscriber. 6. Force Majeure Neither party shall be liable to the other for failure to fulfil any obligation hereunder if such failure was due to circumstances beyond the defaulting party s reasonable control. and the remaining parts shall continue to have full force and effect. 13. Entire Agreement The Contract is the entire agreement of the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, representations and proposals, whether written or oral. 14. Law The Contract shall be construed in accordance with and governed by English Law and shall be subject to the jurisdiction of the English Courts. 7. Assignment The Subscriber shall not assign any rights or obligations hereunder without the prior written consent of Exchange. 8. Term and Termination 8.1 The Contract shall run for a minimum period of twelve months from the Service Start Date. 8.2 After the minimum period, the Contract shall continue unless and until terminated by one party giving three months written notice to the other. 8.3 Notwithstanding any other provision hereof, the Contract may be terminated forthwith by either party in writing if the other party goes into liquidation, other than for the purposes of amalgamation or reconstruction, or has a receiver, manager, administrator or like person appointed under the Insolvency Act 1986 and such appointment is not discharged within 30 days of being made. 8.4 Exchange reserves the right to suspend the Service immediately during the investigation of a suspected breach of these conditions by the Subscriber, and if breach is shown to have occurred, (including failure to pay any sum due under the Contract) to terminate the Service immediately without further obligation to the Subscriber. 8.5 Exercise by either party of its rights under this condition shall be without prejudice to any other rights or remedies it may have, and shall not affect any rights accrued or obligations arising on or before the date of termination. 8.6 When the Service is terminated for whatever reason, any credit remaining at the date of termination from charges paid in advance may be refunded to the Subscriber pro rata at the sole discretion of Exchange. 9. Notices All notices to be sent from one party to another in connection with the Contract shall be delivered by hand or sent by first class letter post or telex to the registered address of the parties as shown herein. It shall be the Subscriber s responsibility to notify Exchange in accordance with this condition of any change to the name, address or other details shown in the Contract. Notices sent by post shall be deemed to have been received three days after posting. 10. Amendment Exchange reserves the right to revise the published charges and these terms and conditions, and shall give the Subscriber at least one month s written notice of such changes. Notwithstanding the provisions of Condition 8 above, the Subscriber may terminate the Contract on the date on which such revision would have become effective by giving written notice to Exchange prior to the effective date of the revision. 11. Waiver Failure by either party to exercise any right or remedy under this Contract shall not signify acceptance of the event giving rise to such right or remedy nor shall it constitute a waiver of such right or remedy. 12. Severance Each paragraph and provision of the Contract is severable from the rest of the Contract, and if one part should be found to be invalid, illegal or void for any reason, it shall not affect the validity or legality of any other part