LEVEL 3
COMMUNICATIONS - Customer Order Form
GTC order
Phase 2
Section 1: Contracting Customer Information
Customer: GTC - Gen-Tel Communications
Address 1: 3151 Airway Ave., Suite P-3
City/Town: Costa Mesa
State/Prov.: CA
Postal/ZIP: 92626
Country: USA
Contact: Paul Sandhu
Title: CEO
Telephone: 714-549-7700
Facsimile: 714-549-7707
e-mail: paul@teamGTC.com
Section 2: Services Requested
IP & Related Services
Managed Modem: Transit
Section 3: Charges Related to Order
MRC: 24,750 - Fixed
NRC: 5,500
Revenue Commitment: 1 yr.
Ramp Period: 3 months
Section 4: Order Type & Customer Service Date Request
New
Request: Aug/Sept 1999
Section 5: Billing Address & Details
Address Same as Contracting Customer Information, Above
LEVEL 3
COMMUNICATIONS (TM)
TERMS AND CONDITIONS
FOR DELIVERY OF SERVICE
These Terms and Conditions for Delivery of Service (the "Terms and
Conditions") shall be applicable to Customer Orders executed by
Customer for Services delivered by Level 3 Communications, LLC
("Level 3"), and shall be incorporated into each Customer Order.
These Terms and Conditions are applicable to sales of Services
originating or terminating in the United States.
DEFINITIONS
CONFIDENTIAL INFORMATION: Licensed Software, and all source code,
source documentation, inventions, know-how, and ideas, updates and
any documentation and information related to the Licensed Software,
and any non-public information regarding the business of a party
provided to either party by the other party where such information
is marked or otherwise communicated as being "proprietary" or
"confidential" or the like, or where such information is, by its
nature, confidential.
CUSTOMER: The person, firm or corporation so named on the Customer
Order.
CUSTOMER ORDER: A request for Level 3 Service submitted by the
Customer in the format devised by Level 3 and accepted by Level 3.
FIRM ORDER COMMITMENT: A written communication from Level 3 to
Customer within which Level 3 commits to deliver some or all of the
Services requested in a Customer Order.
LICENSED SOFTWARE: Computer software, in object code format only,
the use of which is required for use of Service ordered by Customer
hereunder.
PREMISES: The location(s) occupied by Customer or its end users
specified in the Customer Order to (or from) which Service will be
delivered.
REVENUE COMMITMENT: A commitment which, if made by Customer in a
Customer Order or in any other form specified and accepted by Level
3, obligates Customer to order and pay for a minimum volume of
Services during an agreed term.
SERVICE: Any communications (or related) service offered by Level 3
pursuant to a Customer Order.
SECTION 1. CUSTOMER ORDERS
1.1 SUBMISSION OF CUSTOMER ORDERS. Customer may submit to Level 3
Customer Order forms requesting the provision of Service. Each
Customer Order form shall be submitted on a form designated by Level
3. Level 3 shall confirm the accuracy of information on the Customer
Order form and the availability of the Services requested. Level
3's delivery of a Firm Order Commitment respecting such Services
shall constitute Level 3's acceptance of the Customer Order for such
Services. The Customer Order form and attachments shall set forth
the Service, the locations for delivery of same, the prices to be
charged for same and any applicable term and/or Revenue Commitment.
1.2 UNDERTAKING OF LEVEL 3. If Level 3 issues a Firm Order
Commitment respecting Services, Level 3 will furnish such Services
in accordance with these Terms and Conditions and any Customer
Orders executed by Customer. All title to equipment or materials
used to deliver the Services (except as otherwise expressly agreed)
shall be and remain with Level 3.
SECTION 2. BILLING AND PAYMENT
2.1 PAYMENT AND RENDERING OF BILLS. Level 3 shall bill all charges
incurred by and credits due to Customer on a monthly basis (unless
otherwise agreed in writing by Level 3 and Customer). Level 3 shall
bill in advance charges for all Services to be provided during the
ensuing month except for charges which are dependent upon usage of
Service (which charges shall be billed in arrears). Adjustments for
the quantities of Service established or discontinued in any billing
period will be prorated to the number of days based on a 30-day
month. Level 3 will, upon request and if available, furnish such
detailed information as may reasonably be required for verification
of the bill.
2.2 PAYMENT OF BILLS. All bills are due upon receipt thereof by
Customer, and become past due thirty (30) days thereafter. The
unpaid balance of any past due bills shall bear interest at a rate
of 1.5% per month (prorated on a daily basis), or the highest rate
allowed by law, whichever is less. Interest will be applied for the
number of days from the date the bill became past due to and
including the date that payment is received by Level 3.
2.3 TAXES AND FEES. Except for taxes based on Level 3's net income
and except with respect to ad valorem personal and real property
taxes imposed on Level 3's property, Customer shall be responsible
for payment of all sales, use, gross receipts, excise, access,
bypass, franchise or other local, state and federal taxes, fees,
charges, or surcharges, however designated, imposed on or based upon
the provision, sale or use of the Services delivered by Level 3
(including, but not limited to, taxes and fees lawfully assessed by
nations outside of the United States). Any taxes shall be separately
stated on Customer's bill. Any state or
local tax, fee, charge, or
surcharge shall be payable only for Services that are subject to
such imposition.
2.4 REGULATORY AND LEGAL CHANGES. . In the event of any change in
applicable law or regulation that materially increases the cost of
delivery of Service, Level 3 and Customer shall negotiate regarding
the rates charged to Customer to reflect such increase in cost and,
in the event that the parties are unable to reach agreement
respecting new rates within thirty (30) days after Level 3's
delivery of written notice requesting renegotiation, then (a) Level
3 may pass such increased costs through to Customer, and (b)
Customer may terminate the affected Customer Order upon no less than
sixty (60) days' prior written notice without payment of any
applicable termination charge
2.5 DISPUTED BILLS. In the event that Customer disputes any
portion of the charges contained in a bill, Customer must pay the
undisputed portion of the invoice in full and submit a documented
claim for the disputed amount. All claims must be submitted to Level
3 within sixty (60) days of receipt of billing for those Services.
If Customer does not submit a claim within such period and in the
manner stated above, Customer waives all rights to dispute such
charges.
2.6 CREDIT APPROVAL AND DEPOSITS. Customer shall provide Level 3
with credit information as requested in advance of the commencement
of delivery of Service under any Customer Order. Delivery of
Service is subject to credit approval. Level 3 may require any
Customer to make a deposit as a condition to Level 3's acceptance of
any Customer Order submitted by Customer, or as a condition to Level
3's continuation of Service under any Customer Order (but only when
Customer's consumption of Service materially exceeds Customer's
anticipated use or when, in Level 3's reasonable discretion, such
deposit is required in order to secure Customer's continued payment
obligation), which deposit shall be held by Level 3 as security for
payment of charges. A deposit may not exceed the actual or estimated
rates and charges for the Service for a two (2) month period. At
such time as the provision of Service to Customer is terminated, the
amount of the deposit will be credited to Customer's account and any
credit balance which may remain will be refunded.
2.7 FRAUDULENT USE OF SERVICES. Customer shall be solely
responsible for all charges incurred respecting the Services, even
if such charges were incurred through or as a result of fraudulent
or unauthorized use of the Services, unless Level 3 has actual
knowledge of such fraudulent or unauthorized use and fails to inform
Customer thereof or otherwise limit or preclude such use. Nothing
in this Section 2.7, however, shall be construed to obligate Level 3
to detect or report unauthorized or fraudulent use of Services.
SECTION 3. CANCELLATION OF CUSTOMER ORDERS
3.1 CANCELLATION OF CUSTOMER ORDER BY LEVEL 3.
A. For nonpayment: Level 3 may, upon fourteen (14) days' written
notice, discontinue Service without incurring any liability when
there is an unpaid balance for Service that is past due.
B. For any violation of law or of any of the provisions governing
the furnishing of Service: Any Customer Order shall be subject to
cancellation, without notice, for any violation of any law, rule,
regulation or policy of any government authority having jurisdiction
over Service or by reason of any order or decision of a court or
other government authority having jurisdiction which prohibits Level
3 from furnishing such Service.
C. For other causes: Any Customer Order shall be subject to
cancellation, upon fourteen (14) days' prior written notice, in the
event of a breach of a Customer Order, fraudulent use of the
Service, or fraud or misrepresentation in any submission of
information required in a Customer Order or any other information
submitted to Level 3.
D. For any Customer filing of bankruptcy or reorganization or
failing to discharge an involuntary petition therefor within sixty
(60) days after filing: Level 3 may immediately discontinue or
suspend delivery of Service without incurring any liability.
E. For consumption of Services that materially exceeds Customer's
credit limit: Level 3 may, upon fourteen (14) days prior written
notice and provided Customer has not provided additional security
for payment which is sufficient in Level 3's reasonable discretion,
discontinue or suspend delivery of Service without incurring any
liability.
3.2 EFFECT OF CANCELLATION. Upon Level 3's discontinuance of
Service to Customer under any of the foregoing subparagraphs, Level
3 may, in addition to all other remedies that may be available to
Level 3 at law or in equity or under any other provision of a
Customer Order, assess and collect from Customer any termination
charge set forth herein (to the extent applicable).
3.3 RESUMPTION OF SERVICE. If Service has been discontinued by
Level 3, and Customer requests that Service be restored, Level 3
shall have the sole and absolute discretion to restore such Service
only after satisfaction of such conditions as Level 3 determines to
be required for its protection. Nonrecurring charges apply to
restoration of Service.
SECTION 4. DELIVERY OF SERVICES
4.1 LEVEL 3 ACCESS TO PREMISES. Customer shall allow Level 3
continuous and reasonable access to the Premises to the extent
reasonably determined by Level 3 to be appropriate to the
installation, inspection and maintenance of equipment, facilities
and systems relating to the Service. Level 3 shall notify Customer
two (2) business days in advance of any regularly scheduled
maintenance that will require access to the Premises.
4.2 LEVEL 3 FACILITIES. Level 3 will use reasonable efforts to
maintain the facilities and equipment required to deliver Service.
Customers shall not and shall not permit others to rearrange,
disconnect, remove, attempt to repair, or otherwise tamper with any
of the facilities or equipment installed by Level 3, except upon the
written consent of Level
3. Equipment provided or installed at the
Premises by Level 3 for use in connection with the Service shall not
be used for any purpose other than that for which Level 3 provided
it. In the event that Customer or a third party attempts to operate
or maintain any Level 3-owned equipment without first obtaining
Level 3's written approval, in addition to any other remedies of
Level 3 for a breach by Customer of Customer's obligations
hereunder, Customer shall pay Level 3 for any damage to Level
3-owned equipment caused thereby. Customer shall be responsible for
the payment of service charges in the event that maintenance or
inspection of the equipment is required as a result of Customer's
breach of this Section. Level 3 shall, in the event that such
expenses are incurred, deliver to Customer a written invoice
therefor. In no event shall Level 3 be liable to Customer or any
other person for interruption of Service or for any other loss, cost
or damage caused or related to improper use or maintenance of Level
3-owned equipment.
4.3 TITLE AND POWER. Title to all facilities (except as otherwise
agreed), including terminal equipment, shall remain with Level 3.
The electric power consumed by such equipment on the Premises shall
be provided by and maintained at the expense of Customer.
4.4 CUSTOMER-PROVIDED EQUIPMENT. Level 3 shall not be responsible
for the operation or maintenance of any Customer-provided
communications equipment. Level 3 may install certain Customer
provided communications equipment upon installation of Service;
unless otherwise agreed by Level 3 in writing, Level 3 shall not
thereafter be responsible for the operation or maintenance of such
equipment. Level 3 shall not be responsible for the transmission or
reception of signals by Customer-provided equipment or for the
quality of, or defects in, such transmission.
4.5 REMOVAL OF EQUIPMENT. Customer agrees to allow Level 3 to
remove all Level 3-owned equipment from the Premises:
A. after termination, interruption or suspension of the Service in
connection with which the equipment was used; and
B. for repair, replacement or otherwise as Level 3 may determine is
necessary or desirable.
At the time of such removal, such equipment shall be in the same
condition as when delivered to Customer or installed in the
Premises, normal wear and tear only excepted. Customer shall
reimburse Level 3 for the depreciated cost of any equipment which is
not in such condition.
4.6 SERVICE SUBJECT TO AVAILABILITY. The furnishing of Service
under these Terms and Conditions is subject to the availability on a
continuing basis of all the necessary facilities and is limited to
the capacity of Level 3's facilities, as well as facilities Level 3
may obtain from other carriers to furnish Service from time to time
as required at the sole discretion of Level 3. Nothing in these
Terms and Conditions shall be construed to obligate Customer to
submit, or Level 3 to accept, Customer Orders.
4.7 NO LIABILITY FOR FAILURE TO TRANSMIT MESSAGES. Level 3 does
not undertake to transmit messages, but offers the use of its
Service when available, and, as more fully set forth elsewhere in
these Terms and Conditions and any applicable Customer Orders, shall
not be liable for errors in transmission or for failure to establish
connections.
4.8 SERVICE LEVEL AGREEMENTS. All warranties respecting the
Service, and the remedies applicable to a failure of Level 3 to meet
such warranties, shall be set forth in Service Level Agreements
applicable to the particular Service, which Service Level Agreements
(when and if issued by Level 3) shall be deemed attached hereto and
by this reference incorporated herein.
SECTION 5. OBLIGATIONS AND LIABILITY LIMITATION
5.1 OBLIGATIONS OF THE CUSTOMER. Customer shall be responsible for:
A. The payment of all charges applicable to the Service (including
charges incurred as a result of fraud or unauthorized use of the
Service).
B. Damage or loss of Level 3's facilities or equipment installed on
the Premises (unless caused by the negligence or willful misconduct
of the employees or agents of Level 3);
C. Providing the level of power, heating and air conditioning
necessary to maintain the proper environment on the Premises for the
provision of Service;
D. Providing a safe place to work and complying with all laws and
regulations regarding the working conditions on the Premises;
E. Granting Level 3 or its employees access to the Premise for the
purpose of maintaining Level 3's facilities in accordance herewith;
F. Keeping Level 3's equipment and facilities located on Premises
free and clear of any liens or encumbrances.
5.2 LIABILITY. The liability of Level 3 for damages arising out of
the furnishing of Service, including but not limited to mistakes,
omissions, interruptions, delays, tortious conduct or errors, or
other defects, representations, use of Service or arising out of the
failure to furnish Service, whether caused by acts of commission or
omission, shall be limited to the extension of credit allowances due
under any Service Level Agreement. The extension of such credit
allowances or refunds shall be the sole remedy of Customer and the
sole liability of Level 3. Neither party shall be liable for any
indirect, incidental, special, consequential, exemplary or punitive
damages (including but not limited to damages for lost profits or
lost revenues), whether or not caused by the acts or omissions or
negligence of its employees or agents, and regardless of whether
such party has been informed of the possibility or likelihood of
such damages.
5.3 DISCLAIMER OF WARRANTIES. LEVEL 3 MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION
OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, EXCEPT THOSE
EXPRESSLY SET FORTH HEREIN OR IN ANY APPLICABLE SERVICE
LEVEL AGREEMENT.
SECTION 6. SOFTWARE TERMSal Information disclosed by
either party constitutes the confidential and proprietary
information of the disclosing party and the receiving party shall
retain same in strict confidence and not disclose to any third party
(except as authorized by these Terms and Conditions) without the
disclosing party's express written consent. Each party agrees to
treat all Confidential Information of the other in the same manner
as it treats its own proprietary information, but in no case will
the degree of care be less than reasonable care.
7.2 RESTRICTED USE. Each party agrees:
A. to use Confidential Information only for the purposes of
performance of any Customer Order or as otherwise expressly
permitted by these Terms and Conditions;
B. not to make copies of Confidential Information or any part
thereof except for purposes consistent with these Terms and
Conditions; and
C. to reproduce and maintain on any copies of any Confidential
Information such proprietary legends or notices (whether of
disclosing party or a third party) as are contained in or on the
original or as the disclosing party may otherwise reasonably request.
7.3 EXCEPTIONS. Notwithstanding the foregoing, each party's
confidentiality obligations hereunder shall not apply to information
which:
A. is already known to the receiving party;
B. becomes publicly available without fault of the receiving party;
C. is rightfully obtained by the receiving party from a third party
without restriction as to disclosure, or is approved for release by
written authorization of the disclosing party;
D. is developed independently by the receiving party without use of
the disclosing party's Confidential Information;
E. is required to be disclosed by law.
7.4 REMEDIES. Notwithstanding any other section of these Terms and
Conditions, the non-breaching party shall be entitled to seek
equitable relief to protect its interests, including but not limited
to preliminary and permanent injunctive relief. Nothing stated
herein shall be construed to limit any other remedies available to
the parties.
7.5 SURVIVAL. The obligations of confidentiality and limitation of
use shall survive the termination of any applicable Customer Order.
SECTION 8. GENERAL TERMS
8.1 FORCE MAJEURE. Except with respect to payment obligations,
neither party shall be liable, nor shall any credit allowance or
other remedy be extended, for any failure of performance or
equipment due to causes beyond such party's reasonable control,
including but not limited to: acts of God, fire, flood or other
catastrophes; any law, order, regulation, direction, action, or
request of any governmental entity or agency, or any civil or
military authority; national emergencies, insurrections, riots,
wars; unavailability of rights-of-way or materials; or strikes,
lock-outs, work stoppages, or other labor difficulties.
8.2 ASSIGNMENT OR TRANSFER. Customer may not transfer or assign
the use of Service without the express prior written consent of
Level 3, and then only when such transfer or assignment can be
accomplished without interruption of the use or location of Service.
These Terms and Conditions shall apply to all such permitted
transferees or assignees. Customer shall, unless otherwise expressly
agreed by Level 3 in writing, remain liable for the payment of all
charges due under each Customer Order.
8.3 NOTICES. Any notice Level 3 may give to Customer or Customer
shall give to Level 3 shall be deemed properly given when delivered,
if delivered in person, or when sent via facsimile, overnight
courier, electronic mail or when deposited with the U.S. Postal
Service, (a) with respect to Customer, the address listed on each
Customer Order, or (b) with respect to Level 3, to: Contracts
Administration, Level 3 Communications, LLC, 1450 Infinite Drive,
Louisville, CO 80027. Customer shall notify Level 3 of any changes
to its addresses listed on any Customer Order.
8.4 INDEMNIFICATION BY CUSTOMER. Customer shall indemnify, defend
and hold Level 3 harmless from claims, loss, damage, expense
(including attorney's fees and court costs), or liability (including
liability for patent infringement) arising from (1) any claims made
against Level 3 by any end user in connection with the delivery or
consumption of Service, (2) use of facilities furnished by Level 3
in a manner inconsistent with the terms hereof or in a manner that
Level
3 did not contemplate and over which Level 3 exercises no
control and (3) all other claims, loss, damage, expense (including
attorneys fees and court costs), or liability arising out of any
commission or omission by Customer in connection with the Service.
8.5 INDEMNIFICATION BY LEVEL 3. Level 3 shall indemnify, defend and
hold Customer harmless from claims, loss, damage, expense (including
attorney's fees and court costs), or liability (including liability
for patent infringement) arising from all claims, loss, damage,
expense (including attorneys fees and court costs), or liability for
property damage or personal injury to the extent that such claims
arise out of or are caused by Level 3's negligence or willful
misconduct.
8.6 APPLICATION OF TARIFFS. Level 3 may elect or be required by
law to file with the appropriate regulatory agency tariffs
respecting the delivery of certain Service. In the event and to the
extent that such tariffs have been or are filed respecting Service
ordered by Customer, then (to the extent such provisions are not
inconsistent with the terms of a Customer Order) the terms set forth
in the applicable tariff shall govern Level 3's delivery of, and
Customer's consumption or use of, such Service.
8.7 CONTENTS OF COMMUNICATIONS Level 3 shall have no liability or
responsibility for the content of any communications transmitted via
the Service by Customer or any other party, and Customer shall hold
Level 3 harmless from any and all claims (including claims by
governmental entities seeking to impose penal sanctions) related to
such content.
8.8 ENTIRE UNDERSTANDING These Terms and Conditions, including any
Customer Orders executed hereunder (and any tariff applicable to the
delivery of Service), constitutes the entire understanding of the
parties related to the subject matter hereof. These Terms and
Conditions may be amended by Level 3 at any time, and Customer
agrees to be bound by the amended Terms and Conditions from and
after the effective date of such amendment. In the event of a
conflict between these Terms and Conditions and any Customer Order
executed hereunder, the Customer Order shall control. These Terms
and Conditions shall be governed and construed in accordance with
the laws of the state of Colorado.
8.9 NO WAIVER. No failure by either party to enforce any rights
hereunder shall constitute a waiver of such right.
TERMS AND CONDITIONS
PRIVATE LINE SERVICE
The following Terms and Conditions shall be applicable to
metropolitan (local), city to city (within the United States) and
international (from the United States to another country) private
line, non-switchable circuits (the "Private Line Services") ordered
by Customer under any Customer Order.
1. Any state or federal tariffs applicable to the Private Line
Services to be delivered under any Customer Order are incorporated
into the terms thereof.
2. The nonrecurring charges and monthly recurring rates for the
Private Line Services provided by Level 3 to Customer shall be set
forth in each Customer Order.
3. Customer hereby agrees to pay for the Private Line Services for
the period of time specified in each Customer Order, which period
shall commence with the initiation of delivery of such Services.
The rates and other charges set forth in each Customer Order are
established in reliance on the term commitment made therein. In the
event that Customer terminates Services ordered in any Customer
Order or in the event that the delivery of Services terminated due
to a failure of Customer to satisfy the requirements set forth
herein or in the Terms and Conditions prior to the end of the agreed
term, Customer shall (unless Customer has made a Revenue Commitment)
pay a termination charge equal to the termination or other charges
paid or to be paid by Level 3 for services purchased from other
sources used to deliver the Private Line Services to Customer, plus
the percentage of the monthly recurring charges for the terminated
Private Line Services calculated as follows:
A. 100% of the monthly recurring charge that would have been
incurred for the Private Line Service for months 1-12 of the agreed
term; plus
B. 75% of the monthly recurring charge that would have been
incurred for the Private Line Service for months 13-24 of the agreed
term; plus
C. 50% of the monthly recurring charge that would have been
incurred for the Private Line Service for months 25 through the end
of the agreed term.
Customer may, in the event that a Revenue Commitment is made and is
then being satisfied by Customer, terminate, rearrange or
reconfigure the Private Line Services ordered under a Customer Order
without payment of the termination charge specified above; PROVIDED,
HOWEVER, that Customer shall be responsible for payment of Level 3's
then-current standard nonrecurring charges for such termination,
rearrangement or reconfiguration.
Standard Service Level Agreement (SLA) days 30 working days
30
working days ICB ICB
OFF-NET WITHIN SSA
(either end) 20 working days 20 working days 45 working days 60
working days ICB ICB
OUTSIDE SSA (BUT <50 MILES (KM IN EUROPE))
(either end) 30 working days 60 working days ICB ICB ICB ICB
Single toll-free number to reach Level 3 Customer Service for
all customer issues, including technical, billing, and product
inquiries.
Mean Time to Respond - Within 30 minutes
2 hour calendar month Average Time To Repair (MTTR)
If Level 3 fails to meet any of the guarantees above, Level 3 will
review all reported failures at the end of the month, and calculate
the applicable credits:
Any customer inquiry to the Level 3 Customer Service Center that
results in a Time to Respond of >30 minutes will result in a one
day service credit when the customer notifies Level 3 of the failure.
MTTR is calculated as a monthly average. All reported customer
trouble tickets will be totaled over the month, then the average
time to close each ticket will be calculated. If the MTTR is
greater than 2 hours, the customer will receive a one day service
credit.
Credits will only be applied to events where the Customer
reports a failure to the Level 3 Customer Care organization.
Customers must report any Service Delivery failures within five
business days of the event.
NETWORK PERFORMANCE SLA
99.99 % Service Availability
Target Bit Error Rate(1)
____________________
1Bit Error Rate figure excludes periods of more than 10
seconds having error rates equal to, or worse than 1x10-3
End-to-end link (Level 3 on-net) > 5
x 10-8 at T1 Rate (equivalent rate for
DS0 1x10-6)
End-to-end link (Non-Level 3 access)
> 1 x 10-7 (Dependent on local supplier)
Target Severely Errored Seconds(2)
____________________
22Severely Errored Seconds have bit error rates equal to, or
worse than 1x10-3
End-to-end link (Level 3 fiber access) < 0.008%
End-to-end link (Non-Level 3 access) < 0.013% (Dependent on local
supplier)
Availability refers to customer's access point to the
Level 3 Backbone Network, including their Level 3 provided
local access circuit.
Availability does not include regularly scheduled or
emergency maintenance events, or customer caused outages or
disruptions.
Customers may report service unavailability events of
longer than 15 consecutive minutes to Level 3 customer service
within 48 hours of the event. If the event is confirmed by
Level 3 customer service, the customer will receive a pro-rated
service credit that equals the time of the unavailability.
NOTES:
All measurements are based on monthly averages.
These guarantees only apply to the Level 3 Network (including
the Local Access to the customer). They do not apply to off-net
city circuits which do not transit the Level 3 Backbone Network
(or the portion the circuit which does not transit the Level 3
Backbone)
This SLA does not apply to periods of regularly scheduled or
emergency maintenance that Level 3 performs on its network or
associated hardware and software.
Credits will only be applied to events where the Customer
reports a network performance failure to the Level 3 Customer Care
organization.
Customers must report any Network Performance failures
(unavailability or delay) within 48 hours (two business days) of
the service affecting event in order to receive a credit.
Customers must report any Service Delivery failures within five
business days of the event.
TERMS AND CONDITIONS
TELEPHONY COLOCATION
The following Terms and Conditions shall be applicable to Customer's
use of space within Level 3 facilities used for the purpose of
colocating telecommunications equipment (the "Space") ordered by
Customer under any Customer Order.
1. Upon execution and performance of Customer's obligations under a
Customer Order for use of Space, Customer shall be granted the right
to occupy the Space identified therein. Customer may submit multiple
Customer Orders requesting use of different Space, each of which
shall be governed by the terms hereof.
2. Customer shall be permitted to use the Space only for placement
and maintenance of communications equipment which shall be
interconnected to the network services offered by Level 3. Customer
may use the Space to cross connect to the facilities of other
communications carriers if and only if Level 3 cannot or will not
provide such services to Customer on commercially reasonable terms.
The nonrecurring and monthly recurring charges for the Space and any
Services ordered by Customer shall be set forth in each Customer Order.
3. During the term for use of the Space set forth in each Customer
Order, Customer shall commit to use, order and pay for Level 3
network communications services (not including monthly recurring
fees charged for the use of the Space) with monthly recurring
charges of at least $4,000.00 for each cabinet ($2,000.00 for each
half cabinet) of Space ordered by Customer. Customer shall achieve
the minimum service level no later than six (6) months after
submission and acceptance of each Customer Order. Level 3 may
terminate use of the Space in the event that Customer does not
satisfy this minimum service commitment.
4. Level 3 shall perform such janitorial services, environmental
systems maintenance, power plant maintenance and other actions as
are reasonably required to maintain the facility in which the Space
is located in good condition which is suitable for the placement of
communications equipment. Customer shall maintain the Space in
orderly and safe condition, and shall return the Space to Level 3 at
the conclusion of the term set forth in the Customer Order in the
same condition (reasonable wear and tear excepted) as when such
Space was delivered to Customer. EXCEPT AS EXPRESSLY STATED HEREIN
OR IN ANY CUSTOMER ORDER, THE SPACE SHALL BE DELIVERED AND ACCEPTED
"AS IS" BY CUSTOMER, AND NO REPRESENTATION HAS BEEN MADE BY LEVEL 3
AS TO THE FITNESS OF THE SPACE FOR CUSTOMER'S INTENDED PURPOSE.
5. The term of use of the Space shall begin on the later to occur
of the date requested by Customer or the date that Level 3 completes
the build-out of the Space. Customer's use of the Space beyond the
initial term shall be on a month-to-month basis, unless Customer and
Level 3 have agreed in writing to a renewal of the right to use such
Space.
6. Level 3 shall use reasonable efforts to complete the build-out
and make the Space available to Customer on or before the date
requested by Customer. In the event that Level 3 fails to complete
the build-out within sixty (60) days of the date requested by
Customer, then Customer may terminate its rights to use such Space
and receive a refund of any fees paid for the use or build-out of
such Space.
7. Customer shall abide by any posted or otherwise communicated
rules relating to use of, access to, or security measures respecting
the Space. In the event that unauthorized parties gain access to
the Space through access cards, keys or other access devices
provided to Customer, Customer shall be responsible for any damages
incurred as a result thereof. Customer shall be responsible for the
cost of replacing any security devices lost or stolen after delivery
thereof to Customer. In addition, Level 3 shall have the right to
terminate Customer's use of the Space in the event that: (a) Level
3's rights to use the facility within which the Space is located
terminates or expires for any reason; (b) Customer has violated the
terms hereof or any Customer Order submitted hereunder; (c) Customer
makes any material alterations to the Space without first obtaining
the written consent of Level 3; (d) Customer allows personnel or
contractors to enter the Space who have not been approved by Level 3
in advance; or (e) Customer violates any posted or otherwise
communicated rules relating to use of or access to the Space. Level
3 shall use reasonable efforts to notify Customer of any events that
may result in termination of the use of the Space.
8. Customer shall pay all monthly recurring fees, cross-connect
fees, power charges and nonrecurring fees specified in each Customer
Order for the agreed term thereof. In the event that Customer
terminates a Customer Order for Space or in the event that the
Customer Order is terminated due to a failure of Customer to satisfy
the requirements set forth herein or in the Customer Order prior to
the end of the agreed term, Customer shall pay a termination charge
equal to the costs incurred by Level 3 in returning the Space to a
condition suitable for use by other parties, plus the percentage of
the monthly recurring fees for the terminated Space calculated as
follows:
A. 100% of the monthly recurring fees that would
have been charged for the Space for months 1-12 of the agreed term; plus
B. 75% of the monthly recurring fees that would have been charged
for the Space for months 13-24 of the agreed term; plus
C. 50% of the monthly recurring fees that would have been charged
for the Space for months 25 through the end of the agreed term.
9. Level 3 reserves the right to change the location or
configuration of the Space, provided, however, that Level 3 shall
not arbitrarily or discriminatorily require such changes. Level 3
and Customer shall work in good faith to minimize any disruption in
Customer's services that may be caused by such changes in location
or configuration of the Space.
10. Prior to occupancy and during the term of use of any Space,
Customer shall procure and maintain the following minimum insurance
coverage: (a) Workers' Compensation in compliance with all
applicable statutes of appropriate jurisdiction. Employer's
Liability with limits of $500,000 each accident; (b) Commercial
General Liability with combined single limits of $1,000,000 each
occurrence; and (c) "All Risk" Property insurance covering all of
Customers personal property located in the Space. Customer's
Commercial General Liability policy shall be endorsed to show Level
3 (and any underlying property owner, as requested by Level 3) as an
additional insured. All policies shall provide that Customer's
insurers waive all rights of subrogation against Level 3. Customer
shall furnish Level 3 with certificates of insurance demonstrating
that Customer has obtained the required insurance coverages prior to
occupancy of the Space. Such certificates shall contain a statement
that the insurance coverage shall not be materially changed or
cancelled without at least thirty (30) days' prior written notice to
Level 3. Customer shall require any contractor entering the Space
on its behalf to procure and maintain the same types, amounts and
coverage extensions as required of Customer above.
11. The liability of Level 3 for damages arising out of the
furnishing of Space, including but not limited to mistakes,
omissions, interruptions, delays, tortious conduct or errors, or
other defects arising out of the failure to furnish Space, whether
caused by acts of commission or omission, shall be limited to a
prorated refund of the charges paid by Customer for the use of the
Space hereunder. The extension of such refunds shall be the sole
remedy of Customer and the sole liability of Level 3.
TERMS AND CONDITIONS
IP COLOCATION
The following Terms and Conditions shall be applicable to Customer's
use of space within Level 3 facilities used for the purpose of
colocating equipment used for connection to the internet (the
"Space") ordered by Customer under any Customer Order.
1. Upon execution and performance of Customer's obligations under a
Customer Order for use of Space, Customer shall be granted the right
to occupy the Space identified therein. Customer further agrees to
purchase certain communications services ("Services") identified in
Customer Orders for such Services submitted by Customer hereunder.
Customer may submit multiple Customer Orders requesting use of
different Space, each of which shall be governed by the terms
hereof. Services ordered by Customer shall at all times be used by
Customer in compliance with Level 3's then-current Acceptable Use
Policy and Privacy Policy, as amended by Level 3 from time to time
and which are available through Level 3's web site.
2. Customer shall be permitted to use the Space only for placement
and maintenance of computer and/or communications equipment which
shall be interconnected to the Services provided by Level 3.
Customer may use the Space to cross connect to the facilities of
other communications carriers if and only if Level 3 cannot or will
not provide such services to Customer on commercially reasonable
terms. The nonrecurring and monthly recurring charges for the
Space and the Services shall be set forth in each Customer Order.
3. During the term for use of the Space set forth in each Customer
Order, Customer shall commit to use, order and pay for the following
amounts of bandwidth provided by Level 3: (a) for Customers using
cabinets, at least 1 Mbps of bandwidth for each partial cabinet and
at least 2 Mbps of bandwidth for each full cabinet of Space ordered
by Customer; and (b) for Customers using private rooms, at least 1
Mbps of bandwidth for each 10 square feet of Space ordered by
Customer. Customer shall achieve the minimum service level
immediately after submission and acceptance of each Customer Order.
Level 3 may terminate use of the Space in the event that Customer
does not satisfy this minimum service commitment.
4. Level 3 shall perform such janitorial services, environmental
systems maintenance, power plant maintenance and other actions as
are reasonably required to maintain the facility in which the Space
is located in good condition which is suitable for the placement of
communications equipment. In addition, Customer may order and pay
for Level 3 to perform certain limited ("remote hands") maintenance
services on Customer's equipment within the space, which shall be
performed in accordance with Customer's directions. "Remote hands"
maintenance services includes power cycling equipment. Level 3
shall in no event be responsible for the repair, configuration or
tuning of equipment, or for installation of Customer's equipment
(although Level 3 will provide reasonable assistance to Customer in
such installation). Customer shall maintain the Space in orderly
and safe condition, and shall return the Space to Level 3 at the
conclusion of the term set forth in the Customer Order in the same
condition (reasonable wear and tear excepted) as when such Space was
delivered to Customer. EXCEPT AS EXPRESSLY STATED HEREIN OR IN ANY
CUSTOMER ORDER, THE SPACE SHALL BE DELIVERED AND ACCEPTED "AS IS" BY
CUSTOMER, AND NO REPRESENTATION HAS BEEN MADE BY LEVEL 3 AS TO THE
FITNESS OF THE SPACE FOR CUSTOMER'S INTENDED PURPOSE.
5. The term of use of the Space shall begin on the later to occur
of the date requested by Customer or the date that Level 3 completes
the build-out of the Space. Customer's use of the Space beyond the
initial term shall be on a month-to-month basis, unless Customer and
Level 3 have agreed in writing to a renewal of the right to use such
Space. Customer hereby agrees to pay for the Space and Services for
the period of time specified in each Customer Order, which period
shall commence when both completion of the build-out of the Space
and initiation of delivery of such Services has occurred. The rates
and other charges set forth in each Customer Order are established
in reliance on the term commitment made therein. In the event that
Customer terminates a Customer Order for Space or in the event that
the Customer Order is terminated due to a failure of Customer to
satisfy the requirements set forth herein or in the Customer Order
prior to the end of the agreed term, Customer shall pay a
termination charge equal to the costs incurred by Level 3 in
returning the Space to a condition suitable for use by other
parties, plus the percentage of the monthly recurring fees for the
terminated Space calculated as follows:
a. 100% of the monthly recurring fees that would have been charged
for the Space for months 1-12 of the agreed term; plus
b. 75% of the monthly recurring fees that would have been charged
for the Space for months 13-24 of the agreed term; plus
c. 50% of the monthly recurring fees that would have been charged
for the Space for months 25 through the end of the agreed term.
6. Level 3 shall use reasonable efforts to complete the build-out
and make the Space available to Customer on or before the date
requested by Customer. In the event that Level 3 fails to complete
the build-out within sixty (60) days
of the date requested by Customer, then Customer may terminate its
rights to use such Space and receive a refund of any fees paid for the use
or build-out of such Space.
7. Customer shall abide by any posted or otherwise communicated
rules relating to use of, access to, or security measures respecting
the Space. In the event that unauthorized parties gain access to
the Space through access cards, keys or other access devices
provided to Customer, Customer shall be responsible for any damages
incurred as a result thereof. Customer shall be responsible for the
cost of replacing any security devices lost or stolen after delivery
thereof to Customer. In addition, Level 3 shall have the right to
terminate Customer's use of the Space or the Services in the event
that: (a) Level 3's rights to use the facility within which the
Space is located terminates or expires for any reason; (b) Customer
has violated the terms hereof or of any Customer Order submitted
hereunder; (c) Customer makes any material alterations to the Space
without first obtaining the written consent of Level 3; (d) Customer
allows personnel or contractors to enter the Space who have not been
approved by Level 3 in advance; or (e) Customer violates any posted
or otherwise communicated rules relating to use of or access to the
Space. Level 3 shall use reasonable efforts to notify Customer of
any events that may result in termination of the use of the Space or
delivery of Services.
8. Level 3 reserves the right to change the location or
configuration of the Space, provided, however, that Level 3 shall
not arbitrarily or discriminatorily require such changes. Level 3
and Customer shall work in good faith to minimize any disruption in
Customer's services that may be caused by such changes in location
or configuration of the Space.
9. Level 3 provides only access to the Internet; Level 3 does not
operate or control the information, services, opinions or other
content of the Internet. Customer agrees that it shall make no
claim whatsoever against Level 3 relating to the content of the
Internet or respecting any information, product, service or software
ordered through or provided by virtue of the Internet.
10. Prior to occupancy and during the term of use of any Space,
Customer shall procure and maintain the following minimum insurance
coverage: (a) Workers' Compensation in compliance with all
applicable statutes of appropriate jurisdiction. Employer's
Liability with limits of $500,000 each accident; (b) Commercial
General Liability with combined single limits of $1,000,000 each
occurrence; and (c) "All Risk" Property insurance covering all of
Customers personal property located in the Space. Customer's
Commercial General Liability policy shall be endorsed to show Level
3 (and any underlying property owner, as requested by Level 3) as an
additional insured. All policies shall provide that Customer's
insurers waive all rights of subrogation against Level 3. Customer
shall furnish Level 3 with certificates of insurance demonstrating
that Customer has obtained the required insurance coverages prior to
occupancy of the Space. Such certificates shall contain a statement
that the insurance coverage shall not be materially changed or
cancelled without at least thirty (30) days prior written notice to
Level 3. Customer shall require any contractor entering the Space
on its behalf to procure and maintain the same types, amounts and
coverage extensions as required of Customer above.
11. The liability of Level 3 for damages arising out of the
furnishing of Services or the Space, including but not limited to
mistakes, omissions, interruptions, delays, tortious conduct or
errors, or other defects arising out of the failure to furnish
Services or Space, whether caused by acts of commission or omission,
shall be limited to a prorated refund of the charges paid by
Customer for the use of the Space hereunder. The extension of such
refunds shall be the sole remedy of Customer and the sole liability
of Level 3.
TERMS AND CONDITIONS
INTERNET ACCESS DEDICATED AND DIAL UP
The following Terms and Conditions shall be applicable to dedicated
and dial-up Internet Access Service (the "Internet Access Services")
ordered by Customer under any Customer Order.
1. Any state or federal tariffs applicable to the Internet Access
Services to be delivered under any Customer Order are incorporated
into the terms thereof. The Internet Access Services shall at all
times be used in compliance with Level 3's then-current Acceptable
Use Policy and Privacy Policy, as amended by Level 3 from time to
time and which are available through Level 3's web site.
2. The nonrecurring charges and monthly recurring rates for the
Internet Access Services provided by Level 3 to Customer shall be
set forth in each Customer Order.
3. Customer hereby agrees to pay for the Internet Access Services
for the period of time specified in each Customer Order, which
period shall commence with the initiation of delivery of such
Internet Access Services. The rates and other charges set forth in
each Customer Order are established in reliance on the term and/or
volume commitment made therein. In the event that Customer
terminates Internet Access Services ordered in any Customer Order or
in the event that the delivery of Internet Access Services is
terminated due to a failure of Customer to satisfy the requirements
set forth herein or in the Customer Order prior to the end of the
agreed term, Customer shall (unless Customer has made a Revenue
Commitment) pay a termination charge equal to the termination or
other charges paid or to be paid by Level 3 for services purchased
from other sources used to deliver the Internet Access Services to
Customer, plus the percentage of the monthly recurring charges for
the terminated Internet Access Services calculated as follows:
a. 100% of the monthly recurring charge that would have been
incurred for the Internet Access Service for months 1-12 of the
agreed term; plus
b. 75% of the monthly recurring charge that would have been
incurred for the Internet Access Service for months 13-24 of the
agreed term; plus
c. 50% of the monthly recurring charge that would have been
incurred for the Internet Access Service for months 25 through the
end of the agreed term.
Customer may, in the event that a Revenue Commitment is made and is
then being satisfied by Customer, terminate, rearrange or
reconfigure the Internet Access Services ordered under a Customer
Order without payment of the termination charge specified above;
PROVIDED, HOWEVER, that Customer shall be responsible for payment of
Level 3's then-current standard nonrecurring charges for such
termination, rearrangement or reconfiguration.
4. Level 3 provides only access to the Internet; Level 3 does not
operate or control the information, services, opinions or other
content of the Internet. Customer agrees that it shall make no
claim whatsoever against Level 3 relating to the content of the
Internet or respecting any information, product, service or software
ordered through or provided by virtue of the Internet.
5. This Section 5 shall apply only to Customers who order Dial-Up
Internet Access Services. The Dial-Up Internet Access Services
shall be used only by an officer, director, employee or agent
("Employee") of Customer. Customer shall assure that each Employee
accessing the Dial-Up Internet Access Service abides by these Terms
and Conditions. Prior to any Employee accessing Dial-Up Internet
Access Services, such Employee will be required to accurately
complete an on-line registration process. During this registration
process, each Employee will be required to identify himself/herself
through some means satisfactory to Level 3. Pursuant to the
registration process, by clicking an "ACCEPT" icon, each Employee
will (i) agree to accurately complete the registration; (ii) agree
to abide by all of the provisions, terms, limitations, conditions
and restrictions of these Terms and Conditions; and (iii) agree to
use the Dial-Up Internet Access Services in accordance with any
requirements set forth in the online registration process and for
the legitimate business purposes of Customer only. Each Employee
will also receive a password which such Employee will agree to keep
in strict confidence and which will be required whenever accessing
the Dial-Up Internet Access Services.
Standard Service Level Agreement (SLA) IVERY SLA
30 Calendar Day Installation Guarantee for Customers buying
Dedicated Internet Access in speeds from 64 Kbps 1.544 Kbps
within the Standard Service Area..
45 Calendar Day Installation Guarantee for Customers buying
Dedicated Internet Access in speeds from 3 Mbps 45 Mbps within
the Standard Service Area.
Single toll-free number to reach Level 3 Customer Service for
all customer issues, including technical, billing, and product
inquiries.
Time to Respond - Within 30 minutes
2 hour calendar month Average Time To Repair (ATTR)
If Level 3 fails to meet any of the guarantees above, Level 3 will
review all reported failures at the end of the month, and calculate
the applicable credits:
Any customer inquiry to the Level 3 Customer Service Center that
results in a Time to Respond of >30 minutes will result in a one
day service credit when the customer notifies Level 3 of the failure.
ATTR is calculated as a monthly average. All reported customer
trouble tickets will be totaled over the month, then the average
time to close each ticket will be calculated. If the ATTR is
greater than 2 hours, the customer will receive a one day service
credit.
Credits will only be applied to events where the Customer
reports a failure to the Level 3 Customer Care organization.
Customers must report any Service Delivery failures within five
business days of the event.
NETWORK PERFORMANCE SLA
SERVICE AVAILABILITY
Availability refers to customer's access point to the
Level 3 Internet network, including their Level 3 provided
local access circuit, and the customer's port.
Unavailability Events are defined as any outage of the
Level 3 provided local access circuit and the customer's port
of longer than 15 consecutive minutes.
The Availability Guarantee does not extend to the
performance of Internet networks controlled
by other companies,
or traffic exchange points (including NAPs and MAEs) which are
controlled by other companies.
Availability does not include regularly scheduled or
emergency maintenance events, or customer caused outages or
disruptions.
Customers may report service unavailability events of
longer than 15 consecutive minutes to Level 3 customer service
within 48 hours of the event. If the event is confirmed by
Level 3 customer service, the customer will receive a pro-rated
service credit that equals the time of the unavailability.
40 MS ONE-WAY DELAY GUARANTEE
The Delay guarantee refers to the average delay parameters
among the Level 3 Gateway sites in the United States. It does
not extend to the customer's local access circuit, transit or
peering connections, or to circuits to the traffic exchange
points, including NAPs and MAEs.
Delay is measured as the average delay, over a calendar
month, of traffic between all major Gateways on the Level 3
U.S. Internet network.
Level 3 will publicly report the Average Monthly Delay
measurement for the Level 3 U.S. Internet Network at the end of
every month.
If the customer reports that Level 3 has failed to meet
the Delay guarantee, and this is confirmed by Level 3 customer
service, the customer will be issued one day service credit.
NOTES:
All measurements are based on monthly averages.
These guarantees only apply to the Level 3 Internet Network.
They do not apply to NAP or transit connections, or to any traffic
once it leaves the Level 3 network.
This SLA does not apply to periods of regularly scheduled or
emergency maintenance that Level 3 performs on its network or
associated hardware and software.
Credits will only be applied to events where the Customer
reports a network performance failure to the Level 3 Customer Care
organization.
Customers must report any Network Performance failures
(unavailability or delay) within 48 hours (two business days) of
the service affecting event in order to receive a credit.
Customers must report any Service Delivery failures within five
business days of the event.
TERMS AND CONDITIONS
MANAGED MODEM -- DEDICATED, QUICKSTART AND TRANSIT SERVICES
The following Terms and Conditions shall be applicable to services
required to allow access to "Dedicated Services," "Dedicated Service
with QuickStart" and "Transit Services" as offered by Level 3 (the
"Managed Modem Services") ordered by Customer under any Customer
Order.
1. Any state or federal tariffs applicable to the Managed Modem
Services to be delivered under any Customer Order are incorporated
into the terms thereof. The Managed Modem Services shall at all
times be used in compliance with Level 3's then-current Acceptable
Use Policy and Privacy Policy, as amended by Level 3 from time to
time and which are available through Level 3's web site.
2. In the event Customer orders "Dedicated Service," end user
traffic will be routed through and aggregated in Level 3's facility,
sent to the Customer's Premises via a dedicated circuit, and then
routed to its final destination by Customer. In the event that
Customer orders "Transit Services," End User traffic will be routed
to Level 3's facility and then routed to its final destination by
Level 3 via the Internet. Dedicated Service with "QuickStart" will
initially be provisioned to the Customer in the same fashion as
Transit Services, until such time as Level 3 has provisioned the
dedicated circuit to send end user traffic from Level 3's facility
to the Customer's Premises. QuickStart will then be migrated to
standard Dedicated Service. Customers ordering Dedicated Services
will be required to make a portion of the Premises available to
Level 3 for the placement of equipment necessary to provide such
Dedicated Services. For Dedicated Service, all Customer CPE as well
as the private line necessary to support this service will be
ordered, installed and managed by Level 3. Any telephone numbers
assigned to Customer for the purpose of providing Managed Modem
Services hereunder shall be property of Customer; PROVIDED, however,
that Level 3 shall be obligated to release such numbers to Customer
upon expiration or termination hereof if and only if Customer is
then in compliance with all of the terms contained herein or in the
Standard Terms and Conditions.
3. The nonrecurring charges and monthly recurring rates for the
Managed Modem Services provided by Level 3 to Customer shall be set
forth in each Customer Order. Level 3 will dedicate the specified
number of ports to Customer in the Level 3 facilities as identified
in each Customer Order. Customer may be responsible for additional
monthly charges if Customer's use of the Managed Modem Services
requires and utilizes more ports than the number committed to and
ordered by Customer.
4. Customer hereby agrees to pay for the Services for the period of
time specified in each Customer Order, which period shall commence
with the initiation of delivery of such Managed Modem Services. The
rates and other charges set forth in each Customer Order are
established in reliance on the term commitment made therein. In the
event that Customer terminates Managed Modem Services ordered in any
Customer Order or in the event that the delivery of Managed Modem
Services is terminated due to a failure of Customer to satisfy the
requirements set forth herein or in the Customer Order prior to the
end of the agreed term, Customer shall (unless Customer has made a
Revenue Commitment) pay a termination charge equal to the
termination or other charges paid or to be paid by Level 3 for
services purchased from other sources used to deliver the Managed
Modem Services to Customer, plus the percentage of the monthly
recurring charges for the terminated Managed Modem Services
calculated as follows:
a. 100% of the monthly recurring charge that would have been
incurred for the Managed Modem Service for months 1-12 of the agreed
term; plus
b. 75% of the monthly recurring charge that would have been
incurred for the Managed Modem Service for months 13-24 of the
agreed term; plus
c. 50% of the monthly recurring charge that would have been
incurred for the Managed Modem Service for months 25 through the end
of the agreed term.
Customer may, in the event that a Revenue Commitment is made and is
then being satisfied by Customer, terminate, rearrange or
reconfigure the Managed Modem Services ordered under a Customer
Order without payment of the termination charge specified above;
PROVIDED, HOWEVER, that Customer shall be responsible for payment of
Level 3's then-current standard nonrecurring charges for such
termination, rearrangement or reconfiguration.
5. Level 3 provides only access to the Internet; Level 3 does not
operate or control the information, services, opinions or other
content of the Internet. Customer agrees that it shall make no
claim whatsoever against Level 3 relating to the content of the
Internet or respecting any information, product, service or software
ordered through or provided by virtue of the Internet.
Standard Service Level Agreement (SLA) tomer Service for
all customer issues, including technical, billing, and product
inquiries.
Time to Respond - Within 30 minutes
2 hour calendar month Average Time To Repair (ATTR)
If Level 3 fails to meet any of the guarantees above, Level 3 will
review all reported failures at the end of the month, and calculate
the applicable credits:
Any customer inquiry to the Level 3 Customer Service Center that
results in a Time to Respond of >30 minutes will result in a one
day service credit when the customer notifies Level 3 of the failure.
ATTR is calculated as a monthly average. All reported customer
trouble tickets will be totaled over the month, then the average
time to close each ticket will be calculated. If the ATTR is
greater than 2 hours, the customer will receive a one day service
credit.
Credits will only be applied to events where the Customer
reports a failure to the Level 3 Customer Care organization.
Customers must report any Service Delivery failures within five
business days of the event.