Common use of Customer’s Acknowledgement Clause in Contracts

Customer’s Acknowledgement. 17.1 Federal legislation relating to the National Broadband Network imposes significant penalties on carriers that extend fixed networks to provide broadband services to residential and small business customers. The penalties exceed $2,000,000 and limit a carrier’s ongoing ability to operate its business. A ‘small business’ is defined as a self-employed person carrying on a business (such as a sole trader) or a business that employs less than fifteen (15) people not including casual employees unless employed on a regular and systematic basis. 17.2 Sat One Global is unable to provide Sat One Global Fibre Services to residential and small business customers who are situated outside the Sat One Global Fibre Services Network Footprint. Accordingly, the Customer: (a) warrants that it is not a residential or small business customer; (b) agrees that Sat One Global may suspend or terminate the Sat One Global Fibre Service immediately, without notice and without liability to the Customer if it has reason to believe that the Customer is a residential or small business customer; (c) agrees to inform ▇▇▇ One Global immediately if its situation may or does change and it becomes or may become a residential or small business customer; and (d) indemnifies Sat One Global for any loss, claim, or damage that Sat One Global suffers or incurs in connection with a breach by the Customer of the warranty in paragraph 17.2(a) regardless of any fault or negligence on the part of Sat One Global.