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[LOGO] AT&T
AT&T ASIA/PACIFIC GROUP LTD.
AND
TELEINFO CO. LTD.
AND
CYBER 2000 LIMITED
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SERVICES AGREEMENT
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AT&T PROPRIETARY
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Agreement
2 CUSTOMER RESPONSIBILITIES AND COMMITMENTS
2.1 Customer represents and warrants that it is empowered to negotiate this
Agreement on behalf of itself and its affiliates.
2.2 Customer shall assign necessary points of contact to assist in the
implementation of this Agreement.
2.3 Customer shall: (a) provide to AT&T all information necessary to perform
any functions under this Agreement; (b) report to AT&T any installation
related problems with Services pursuant to this Agreement; and (c) order
all changes to any Services provided hereunder through AT&T. If the
Customer fails to comply with the obligations set forth in this
sub-clause 2.3, AT&T may cease performing the duties set forth in this
Agreement including, but not limited to, acting as Customer's agent.
3 AT&T RESPONSIBILITIES AND COMMITMENTS
3.1 AT&T shall provide the Services described in the Attachments.
3.2 Unless otherwise specified in this Agreement, AT&T shall provide all
necessary tools and equipment, which will remain the property of AT&T.
All systems, software and techniques made available by AT&T for use in
the provision of Services shall remain the sole property of AT&T, and
Customer shall not acquire any rights thereto.
4 PRICING, PAYMENTS AND TAXES
4.1 The prices for each Service and terms of payment by Customer are set
out in the Attachments. All prices are exclusive of all applicable
value added, sales, use or excise taxes.
4.2 All charges under this Agreement (including charges of third parties
which AT&T aggregates for consolidated billing) shall be in United
States (US) dollars. Customer may, however, choose to be billed in
a different currency. In such cases, currency conversion gains or losses
due to rate fluctuation will be passed on to the Customer. Therefore,
bills in a currency other than the US dollars may show a decrease or
increase on the recurring charges over the prior bills.
4.3 Billing to Customer will be in accordance to the payment schedule listed
in attachment C of this contract. Bills from AT&T to the Customer are
payable upon presentation of the bill.
4.4 Customer agrees to pay all taxes, duties, levies, and other similar
charges, however designated, imposed as a result of the existence or
operation of this Agreement, including but not limited to any tax
which Customer is required by a foreign taxing authority to withhold
or deduct from payments to AT&T.
4.5 In the bill, all taxes will be added as a separate item by country.
5 COMMENCEMENT OF SERVICE AND TERM
5.1 When signed by both Parties, this Agreement will be effective from the
Service
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Commencement Date stated in the Attachment, and for an initial term
also stated in the Attachment.
5.2 All new Services ordered by Customer under this Agreement will become
an integral part of this Agreement as of the date AT&T accepts the
Customer's order.
5.3 AT&T may cancel the provision of any Service, or portion thereof in a
country if provision of that Service or portion thereof in that country
is determined to be a violation of any applicable law or regulation of
that country. AT&T will take all reasonable efforts to provide a
functional equivalent substitute service that does not violate any
applicable law or regulation. Customer shall pay for any portion of the
canceled service that it has used. If Customer approves of any
substitute AT&T service, it will take and receive that substitute
service under the terms and conditions of this Agreement. Any pricing
terms for substitute service will be separately negotiated. Customer
shall not incur termination charges under this Agreement if it cancels
the Service described herein and replaces it with other AT&T
service(s).
6 TERMINATION
6.1 Notwithstanding the term of this Agreement, either party may terminate
this Agreement upon ninety (90) days' written notice to the other Party
and Customer shall be liable for payment of all non-recurring,
installation and one-time charges not previously paid; plus other
termination charges for Services listed in the Attachments to this
Agreement; plus other third party cancellation charges which AT&T is
unable to avoid.
6.2 If Customer fails to pay outstanding charges after ten (10) days'
written notice of delinquency, or if Customer fails to perform or
observe any other material term or condition of this Agreement for
ninety (90) days after receipt of written notice from AT&T of such
failure, Customer shall be in default and AT&T may terminate the
Services which are the subject of such delinquency, failure or non
observance. Customer shall then be liable for payment of all
non-recurring, installation and one-time charges not previously paid,
plus other termination charges for Services listed in the Attachments
to this Agreement; plus other third party cancellation charges which
AT&T is unable to avoid.
6.3 If AT&T fails to perform or observe any material term or condition of
this Agreement for ninety (90) days after the receipt of written notice
from Customer of such failure, Customer may terminate the Services
which are the subject of such delinquency, failure or non observance,
except for payment of equipment and services which have been agreed and
approved by the customer, plus other third party cancellation charges
which AT&T is unable to avoid. Customer shall have no further
obligation for payment of charges to AT&T for those terminated
Services.
6.4 During the term of this Agreement, Customer may request from AT&T an
alternative proposal for the Services contained within this Agreement.
Customer may terminate this Agreement without liability if the parties
expressly agree on a replacement agreement. The replacement agreement
may include AT&T costs which were not recovered during the term of this
Agreement or paid at the termination of this Agreement.
7 WARRANTIES
7.1 AT&T warrants that it will perform its Services in a workmanlike
manner. AT&T expressly disclaims any express or implied warranty
concerning its Services or the equipment hereunder, other than as may
be specifically set out in this Agreement.
7.2 AT&T makes no warranties or representations: (i) for products and
services manufactured or provided by a third party or (ii) for the
interoperability of the Services
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with those third party products or services. AT&T will either, as the
circumstances dictate, enforce or cooperate with Customer to enforce
any warranties or representations made by the applicable third party
supplier.
7.3 AT&T shall have no responsibility for ensuring that equipment, assets
or software (including, but not limited to, Customer legacy systems)
transferred by Customer to AT&T or its designated leasing or financing
company is Year 2000 ready. If upgrades, replacements or other changes
to such equipment are required, these activities will be handled as a
new service.
7.4 Except as specifically disclaimed in items 1 and 2, above, the Services
provided under the Agreement shall not, as a result of the date change
from year 1999 to the year 2000, fail to perform in accordance with the
Agreement (including, but not limited to, Service Levels and their
related Performance Credits), in a manner that is material and adverse
to the Customer. If such Services do fail in such a manner because of
the date change, AT&T will take all commercially reasonable steps to
correct any such failure at no additional cost to the Customer.
8 LIMITS OF LIABILITY
8.1 AT&T shall have no obligation to pay for any hardware, software,
materials, work or services authorised by Customer to be ordered or
accepted by AT&T from other vendors as Customer's agent in accordance
with this Agreement. Customer shall indemnify, defend and hold AT&T
harmless from any damages, expenses or costs which may result from any
suits, actions or claims made against AT&T in connection with such
orders. AT&T shall not be liable for any delay, loss, damage or
product failure attributable to any service, product or actions of any
person other than AT&T, its employees and agents.
8.2 Each Party shall indemnify the other for any injuries to persons or
real or personal property caused by its personnel or those of its
affiliates and contractors, or their presence in the other Party's
facility including, but not limited to, loss due to fire and theft.
8.3 For purposes of the exclusive remedies and limitations of liability set
forth in this section, "AT&T" shall be deemed to include its affiliates
and the directors, officers, employees, agents and representatives of
all of them; and "Damages" shall be deemed to refer collectively to all
injury, damage, loss or expense incurred.
8.4 AT&T's entire liability and Customer's exclusive remedies against AT&T
for any damages arising from any act or omission relating to this
Agreement, regardless of the form of action, whether in contract, tort,
strict liability or otherwise, shall be limited to (a) for
infringement, the rights and remedies set forth in clause 9; (b) for
damages to real or tangible personal property or for bodily injury or
death to any person, Customer's proven damages in a court of law; and
(c) for claims other than those set forth in (a) or (b) above, AT&T's
liability shall in no event exceed ten percent (10%) of the Service
fees paid to date.
8.5 The provisions of this clause shall survive the termination of this
Agreement.
9 INDEMNITY AND DEFENSE
9.1 AT&T warrants to the Customer that the use of the Services and
techniques provided by AT&T hereunder shall not infringe upon any
patent, copyright or other proprietary rights in any jurisdiction where
AT&T provides service. In the event of any action, proceeding or suit
by a third party against Customer alleging an infringement of any
patent or copyright, or a violation of any trade secret or proprietary
rights by reason of the normal use, in accordance with AT&T's
specifications, of any Service in the form furnished by AT&T to
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Customer under this Agreement, AT&T, at its expense, will defend
Customer, subject to the conditions and exceptions stated below. AT&T
will reimburse Customer for any cost, expense or attorney's fee,
incurred at AT&T's written request or authorisation, and will indemnify
Customer against any liability assessed against Customer by final
judgment on account of such infringement or violation arising out of
such use.
9.2 Such defense, settlements and payments are conditioned on the
following: (a) that AT&T shall be notified promptly in writing by
Customer of any such claim; (b) that AT&T shall have sole control
of the defense of any action on such claim and of all negotiations
for its settlement or compromise; (c) that Customer shall cooperate in
a reasonable way to facilitate the settlement or defense of such claim,
and that Customer has made no statement or taken any action which
might hamper or undermine AT&T's defense or settlement; (d) that such
claim does not arise from modifications to Services not authorised by
AT&T or from use or combination of the Services with apparatus or
equipment not supplied, specified or approved by AT&T; (e) that such
claim does not arise from adherence to Customer's instructions or from
infringing items of Customer's origin, design or selection, unless AT&T
knew that the instructions or items would contribute to an
infringement. AT&T shall be under no obligation to investigate the non
infringing nature of such items.
9.3 If Customer's use shall be enjoined or in AT&T's opinion is likely to
be enjoined, AT&T will, at its expense and at its option, either (a)
replace the enjoined service furnished pursuant to this Agreement with
a suitable substitute free of any infringement, (b) modify it so that
it will be free of the infringement, (c) procure for Customer a license
or other right to use it, or (d) AT&T will after its best efforts to
exercise options (a), (b), and (c) discontinue the enjoined Service
and refund to Customer any amounts paid to AT&T less a reasonable
charge for any actual period of use by Customer.]
10 NO CONSEQUENTIAL DAMAGES
10.1 Notwithstanding any other provision of this Agreement, and
irrespective of any fault or negligence, neither Party shall be liable
to the other for any indirect, incidental, consequential, reliance, or
special damages (including, without limitation, damages for harm to
business, lost revenues, lost savings, or lost profits), regardless of
the form of action, whether in contract, warranty, strict liability,
or tort, including, without limitation, negligence of any kind whether
active or passive.
11 USE AND PROTECTION OF INFORMATION
11.1 Information furnished or disclosed by one Party (the "Disclosing
Party") to the other Party (the "Receiving Party") in connection with
or in contemplation of this Agreement, including but not limited to
proposals, specifications, drawings, models, samples, data, network
designs and design proposals, pricing information, research, computer
programs, software and documentation, network configurations,
transmission plans, facilities deployment information, prototypes, and
related technical or business information shall be deemed
"Confidential Information" provided that, if in written, graphic or
other tangible form, the information may also be, but need not be,
indicated by appropriate markings or statements to be confidential or
proprietary. Such Confidential Information shall be deemed the property
of the Disclosing Party and shall be returned to the Disclosing Party
upon request. Information that was previously known to the Receiving
Party free of any obligation to keep it confidential or is
independently developed by the Receiving Party shall not be deemed
Confidential Information.
11.2 The terms and conditions of this Agreement (and all written or oral
discussions, negotiations, proposals and other communications related
directly thereto) shall be
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deemed Confidential Information, as to which each Party, and any
affiliated companies shall be both a Receiving Party and a Disclosing
Party.
11.3 The Receiving Party shall hold all Confidential Information in
confidence during the term of this Agreement and for an additional
three (3) years following the termination of this Agreement. During
that period, the Receiving Party shall use at least the same degree
of care as it uses with regard to its own proprietary or confidential
information to prevent the disclosure, unauthorised use or publication
of Confidential Information. The Receiving Party shall not be required
to hold in confidence any Confidential Information which is made public
by the Disclosing Party or a third party. In the event that AT&T has
access to Customer's Client Account Information, such Client Account
Information shall be held confidential in perpetuity.
11.4 Customer and AT&T may disclose Confidential Information to a person
(other than a direct competitor of AT&T) retained by Customer or AT&T
to provide advice, consultation, analysis, legal counsel or any other
services in connection with this Agreement or the Services provided
hereunder (hereinafter "Consultant") only after Customer or AT&T
provides to the other Party a representation that the Consultant has
executed a nondisclosure statement (a) to use such Confidential
Information only for the purpose of providing such consultation
services to Customer or AT&T, and (b) to be bound by the obligations
of a Receiving Party under this Agreement with respect to such
Confidential Information.
11.5 A Receiving Party may disclose Confidential Information if such
disclosure is in response to an order or request from a court, or
a regulatory body; provided, however, that before making such
disclosure, the Receiving Party shall, to the extent permitted by
law, make all reasonable efforts to give the Disclosing Party advance
reasonable notice and opportunity to object to the order or request,
and/or obtain a court order to protect the Confidential Information
to be disclosed.
12 FORCE MAJEURE
12.1 Neither Party shall be held responsible for any delay or failure in
performance of any part of this Agreement to the extent such delay or
failure is caused by: fire; flood; explosion; war; strike; embargo;
labour dispute; government requirement; civil or military authority;
Act of God, nature or the public enemy; inability to secure materials
or transportation facilities; act or omission of carriers or
suppliers; acts or failure to act of any governmental authority,
including without limitation, the failure or refusal by the United
States Department of Commerce, if required, to grant an export license;
or any other causes beyond its reasonable control, whether or not
similar to the foregoing; provided, however, that Customer agrees to
not be relieved of its obligation to make any required payments and
any late payment charges that are due to AT&T by reason of such cause.
Customer will use reasonable efforts to make any period of such delay
in payment as short as possible, unless Customer is contesting such
payment in good faith. Each Party shall endeavour to give the other
reasonable notice of any such delay.
12.2 Failure of either Party to perform under this Agreement, because of
the occurrence of an event of force majeure for more than three (3)
months, will represent a ground for its termination on twenty-four
(24) hours written notice to the other Party.
13 COMPLIANCE WITH LAWS AND REGULATIONS
13.1 Each Party will comply with the applicable laws, regulations, rules,
and ordinances in force, including the US Export Administration
Regulations.
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14 GOVERNING LAW
14.1 The validity, interpretation and performance of this Agreement shall be
governed by the laws of Hong Kong.
15 DISPUTES RESOLUTION
15.1 Any dispute concerning the construction or interpretation of this
Agreement or a Party's performance of its obligations thereunder, which
are not resolved through good faith consultation between the Parties
thereto within forty-five (45) days of initial notification to the other
side, may thereafter be submitted by either side to binding arbitration
as the exclusive remedy.
15.2 During the forty-five day good faith consultation period, the dispute
may be escalated through progressively senior management levels in an
attempt to resolve the dispute before resorting to the binding
arbitration process.
15.3 All disputes, controversies or differences which may arise between the
Parties out of or in relation to or in connection with this Agreement,
or for the breach thereof, shall be finally settled by arbitration in
Hong Kong, a the Hong Kong International Arbitration Centre, before a
single (1) arbitrator selected by the Parties, and such arbitration,
shall be conducted in accordance with the Rules of Arbitration and
Conciliation of the International Chamber of Commerce then in effect. If
the Parties are unable to agree on a single arbitrator within five (5)
business days of submission for arbitration, the matter shall be settled
by a panel of three arbitrators and each Party will choose one
arbitrator, and those individuals will choose the third arbitrator.
15.4 The parties agree to hold the existence, content and result or award of
the arbitrator in confidence.
16 MISCELLANEOUS PROVISIONS
16.1 Neither Party shall publish or use any advertising, sales promotion,
press releases, or other publicity matters which use the other Party's
name, logo, trademarks, or service marks without the prior written
approval of the other Party. The provision of this paragraph shall
survive the termination of this Agreement.
16.2 The waiver by either Party of any breach of this Agreement by the other
Party in a particular instance shall not operate as a waiver of
subsequent breaches of the same or different kind. The failure of
either Party to exercise any rights under this Agreement in a particular
instance shall not operate as a waiver of the Party's right to exercise
the same or different rights in subsequent instances.
16.3 If any provision of this Agreement shall be held to be invalid or
unenforceable, it shall be severed from this Agreement, and the
remainder of the Agreement shall remain in full force and effect.
However, if the provision is essential the Parties shall promptly
negotiate a replacement.
16.4 This Agreement may not be assigned by either Party without the written
consent of the other, except that either Party may, without the consent
of the other, assign this Agreement to an Affiliate, and AT&T may assign
its right to receive payments hereunder. AT&T may, in the event of
restructuring, assign it to a company that will assume its obligations.
AT&T may subcontract all or a portion of the Services to be provided
hereunder to an affiliated company or with Customer's prior written
consent, to a third party, such consent shall not be unreasonably
withheld. AT&T shall be liable for the performance of such
subcontractors under the terms and conditions of this Agreement.
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16.5 Any provision of this Agreement which by its context is intended to
apply after termination of this Agreement shall survive its termination.
16.6 Any legal action arising from or in connection with this Agreement, or
any Service provided or work performed hereunder, must be brought within
two (2) years after the cause of action is discovered.
16.7 No change, modification or waiver of any of the terms of this Agreement
shall be binding unless included in a written agreement signed by both
Parties.
16.8 Under this Agreement, AT&T shall be an independent contractor,
maintaining complete control over its personnel and operations. Nothing
herein shall be deemed to constitute either Party the partner of the
other nor, except as otherwise herein expressly provided, to constitute
either Party the agent or legal representative of the other, nor to
create any fiduciary relationship between them.
16.9 Not less than six (6) months before the end of this Agreement, the
Parties agree to discuss the possible extension of the Agreement. These
discussions shall address the evolution of Customer's needs, possible
changes in the scope and delivery of the Services and revised pricing
for those new and/or changed Services.
17. ENTIRE AGREEMENT
17.1 This is the entire Agreement between the Parties with respect to the
Services provided hereunder. This Agreement supersedes all prior
Agreements, proposals, representations, statements, or understandings,
whether written or oral, concerning such Services.
18. LIST OF ATTACHMENTS
18.1 The following Attachments (attachment A, B, C & D) form part of this
Agreement if so indicated in this sub-clause. Further Attachments will
be incorporated into this Agreement upon signature by both parties.
THIS AGREEMENT has been entered into by the Parties on ______________, 2000.
SIGNED FOR AND ON BEHALF OF )
AT&T ASIA/PACIFIC GROUP LTD. )
by its duly authorised Officer )
) Signature: [Illegible]
) ----------------------------
) Name:
) ----------------------------
)
) Title:
) ----------------------------
SIGNED FOR AND ON BEHALF OF )
TELEINFO CO. LTD. )
by its duly authorised Officer )
) Signature: [Illegible]
) ----------------------------
) Name:
) ----------------------------
)
) Title:
) ----------------------------
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SIGNED FOR AND ON BEHALF OF )
CYBER 2000 LIMITED )
by its duly authorised Officer ) Signature: /s/ Wayne WeiKang Chen
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) Name: Wayne Chen
---------------------------------
) Title: Managing Director
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ATTACHMENT A
SCOPE OF WORK
AT&T shall act as Customer's single point of contact for providing the Project
Management Services from AT&T, the GCH Services from Concert, the MIS from
iAsiaWorks, and the provision and installation of gateways from Cisco
distributors.
Specifically, AT&T shall provide to Customer the Project Management Services
set forth below:
- In Stage I, AT&T shall oversee the procurement and installation of two sets
of equipment (one set in Beijing, and the other set in Hong Kong) by Cisco
distributors.
- AT&T will also oversee the provisioning of the 128K international IP
circuit from Hong Kong to GCH hub in San Francisco.
- In Stage II, AT&T shall oversee the GCH Services by AT&T and MIS by
iAsiaWorks. The customer will ensure to obtain all necessary licenses to
offer Voice over IP in the territory.
- Cisco distributor, AT&T and iAsiaWorks (collectively, the "Providers")
will provide the Services to Customer pursuant to their respective
service agreements, copies of which are attached hereto as Attachment D.
- In addition, AT&T will perform the following services:
- Act as Customer's appointed agent for the purpose of entering into
service agreements with the Providers for the provision of the Services
directly from Providers to Customer (the "Service Agreements");
- Act as the single point of contact for service provisioning for Customer
and coordinating with the Providers to resolve service problems;
- Act as the receipient of individual invoices issued by the Providers for
the Services;
- Combining each of the invoices into one single statement of billing to
Customer, including details to be provided by Customer, and obtaining
necessary funds from Customer and arranging for the remittance of such
funds to the Providers for settlement of the related invoice.
- Notwithstanding any other provision of this Agreement, AT&T shall not be
responsible for any delay or failure in the performance of any part of this
Agreement to the extent such delay or failure is caused by acts or omissions
of carriers or suppiers which are beyond the reasonable control of AT&T,
including delays or failures caused by the Providers.
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ATTACHMENT B
PROJECT MANAGEMENT
AT&T will use its extensive Project Management experiences to help the
Customer to meet its business objectives. The goal of Customer and AT&T
partnership is to ultimately improve the speed, effectiveness and efficiency
in implementing the network. All Project Management activities will be
primarily handled out of AT&T's Hong Kong office.
AT&T has defined the Project Management functions into four main stages:
- Pre-implementation
- Implementation
- Implementation Progress Reporting
- Acceptance Testing
1 PRE-IMPLEMENTATION
The pre-implementation planning would allow the Customer's and AT&T's
personnel to discuss, establish, and document project activities and
schedules. The objectives include the following:
- Organize project team and determine project team structure and interfaces.
The AT&T Project Team will work closely with the Customer's staff in the
successful implementation of the network. All implementation aspects related
to the project will be the responsibility of the AT&T Project Team. A Project
Manager, acting as a Single-Point-Of-Contact (SPOC) from the AT&T Project
Team, will be the communications channel to the Customer. Towards this end,
the Customer will have to identify key personnel to interact with the Project
Manager at various stages of the project.
- Determine project phasing, implementation activity, schedule, and
responsibility. In drafting the implementation plan, AT&T will take into
consideration the Customer's overall deliverables and objectives for its
business users.
- At the final stage of the project, AT&T will ensure that the project has
come to completion and is ready for hand over to the Customer.
2 IMPLEMENTATION
In the implementation stage, the Project Manager of the AT&T Project Team
will:
- Act as the SPOC to the Customer for project status
- Manage the implementation plan and the responsible parties
- Monitor delivery and installation, and track variances
- Establish and manage contingency plans
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THIS AGREEMENT is made:
BETWEEN AT&T ASIA/PACIFIC GROUP LTD.
having a place of business at
30/F Shell Tower, Times Square
1 Matheson Street
Causeway Bay, Hong Kong
AND TELEINFO CO. LTD.
having a place of business at
Unit 02, 3/F, Tower III Enterprise Square
9 Sheung Yuet Road
Kowloon Bay
Hong Kong
AND CYBER 2000 LIMITED
having a place of business at
Room 1802 Dominion Centre
43-59 Queen's Road East
Hong Kong
IT IS HEREBY AGREED as follows:
1 DEFINITIONS
1.1 "Agreement" means this Agreement, including any Attachments referenced
in the Agreement.
1.2 "Attachment" means Attachment (including all Appendices, Schedule,
Supplements thereto) to this Agreement.
1.3 "AT&T" means the company, corporation or other legal entity signing this
Agreement and any AT&T Affiliated Company which will provide the Services
in a designated geographic territory.
1.4 "Customer" means the companies, corporations or other legal entities
named above and any Customer Affiliated Company to which Services may be
provided by AT&T.
1.5 "Party" means either AT&T or Customer. "Parties" means both AT&T and
Customer.
1.6 "Service" means any or all of the Services described in the Attachments
to this Agreement.
1.7 "Service Commencement Date" means the date the Service begins.
1.8 Where the context so admits, words importing the singular number shall
include the plural and vice versa, words importing persons shall include
firms and corporations, and words importing a gender shall include every
gender.
1.9 Reference to sub-clauses and clauses are references to sub-clauses and
clauses of this
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The AT&T Project Team will work within the delivery, installation, and
provisioning scope and time frame of the equipment suppliers and service
providers. In particular, the AT&T Project Team will focus on 2 main areas of
activities:
- TRANSMISSION FACILITY SUPPORT
The AT&T Project Team will order and provision service access facilities
from iAsiaWorks on behalf of the Customer. The AT&T Project Team will be in
contact with iAsiaWorks to work out issues regarding service installations,
provisioning time scales, and resolving service order errors and
inconsistencies. Specifically, the AT&T Project Team will:
1. contact the Customer to get authorization for AT&T to act on behalf of
the Customer with iAsiaWorks;
2. discuss the logistics of circuit and equipment termination with the
Customer;
3. perform service order coordination where AT&T will coordinate with
iAsiaWorks for orders to add, move or change services in support of
circuit provisioning;
4. continuously liaise with the iAsiaWorks to ensure that the scheduled
delivery times are met and help the Customer take contingency actions if
delays occur which are outside of AT&T's and the Customer's control;
- EQUIPMENT INSTALLATION SUPPORT
The AT&T Project Team will work with the Customer to source for, and
procure, the required equipment. The AT&T Project Team will coordinate with
suppliers for delivery, installation, configuration and validation of the
equipment. In particular, the AT&T Project Team will
1. Work with Customer on the details of the equipment order list;
2. Seek approval from the Customer on the final configuration details for
each component of the equipment;
3. source for suppliers of the necessary equipment;
4. raise purchase orders for equipment on behalf of the Customer;
5. bill the Customer for the cost of the equipment;
6. obtain confirmation from the Customer that the site is ready for housing
the equipment;
7. coordinate the delivery schedule with the suppliers;
8. coordinate the installation and testing of the equipment;
9. coordinate the development of the maintenance contract between the
Customer and the suppliers.
For all hardware and software sourced by AT&T for Customer, the vendor
warranties shall be direct between vendor and Customer. A list of such
warranties will be maintained by AT&T and updated as equipment modifications
are made. The list will be available to Customer upon request.
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3 IMPLEMENTATION PROGRESS REPORTING
The Project Manager will provide on-going status reports to the Customer
through regular project meetings and reports. The AT&T Project Team together
with the Customer will determine project milestones to track the status of
implementation. The regular project meetings will also activate any
contingency plans should there be any project variations.
4 INTEGRATION AND ACCEPTANCE TESTING
At the final stage of the project, the AT&T Project Team will work with the
Customer to carry out the acceptance test plan. The AT&T Project Team will
work with the equipment suppliers and the iAsiaWorks to ensure that the
acceptance test plan's criteria are met.
AT&T will work towards obtaining Customer's acceptance sign-off on the
successful completion of the test plan. The project will be considered
complete on agreement and sign-off by the Customer that the Test Plan
criteria have been met.
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