Ethernet Access Product-Specific Terms and Conditions

 

 

1.         Notification of Service-Affecting Activities

 

Verizon will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. Verizon will work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible.

 

2          Customer shall be responsible for the payment of service charges as set forth herein for visits by Verizon's agents or employees to the Customer Premises when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than Verizon, including but not limited to the Customer.

 

 

3.         Prohibited Uses

 

Verizon may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with Verizon confirming that their use of the Company's offerings complies with relevant laws .

 

4.         Cancellation of Application for Service for Special Cancellation of Application

 

4.1       Applications for service are noncancellable unless Verizon otherwise agrees. Where Verizon permits Customer to cancel an application for service prior to the start or completion of any special construction, no charges will be imposed except for those specified in Section 4.2, below, and any applicable incidental non-recurring charges for Ethernet Access.

 

4.2       Where Verizon incurs any expense in connection with special construction, or where special arrangements of facilities or equipment have begun, before Verizon receives a cancellation notice, a charge equal to the costs incurred, less net salvage, applies. In such cases, the charge will be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maintenance, taxes, provision for return on investment, cost from third-party providers, and any other costs associated with the special construction or arrangements.

 

5.         Changes in Service Requested

 

If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, Customer Premises, or otherwise materially modifies any provision of the application for service, the Customer's installation fee shall be adjusted accordingly.

 

6.         Allowances for Interruptions in Service

 

Interruptions in service, which are not due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, will be credited to the Customer as set forth in Section 6.1, below, for the part of the service that the interruption affects.

 

6.1       Credit for Interruptions

 

6.1.1    A credit allowance will be made when an interruption occurs because of a failure of any component furnished by Verizon under these Product-Specific Terms and Conditions. An interruption period begins when the Customer reports a service, facility or circuit to be interrupted and releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. If the Customer reports a service, facility or circuit to be inopera­tive but declines to release it for testing and repair, it is considered to be impaired, but not interrupted.

 

6.1.2    For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit.

 

6.1.3    A credit allowance will be given for interruptions of 30 minutes or more. Credit allowances shall be calculated as follows:

 

Length of         Interruption Period

Interruption      To Be Credited 

 

Less than 30 minutes  None

30 minutes up to 24    2 X outage duration

  hours, inclusive

Over 24 hours 4 X outage duration

 

Two or more interruptions of 30 minutes or more, during any period up to but not including three hours, shall be considered as one interruption.

 

For all other services, a credit allowance will be given for interruptions of 15 minutes or more. Credit allowances shall be calculated as follows:

 

                                                            Interruptions of 24 Hours or Less

 

 

Length of         Interruption Period

Interruption      To Be Credited   

 

Less than 15 minutes  None

15 minutes up to but   1/10 Day

  not including 3 hours

3 hours up to but not   1/5 Day

   including 6 hours

6 hours up to but not   2/5 Day

  including 9 hours

9 hours up to but not   3/5 Day

  including 12 hours

12 hours up to but not 4/5 Day

  including 15 hours

 

 Interruptions Greater Than 24 Hours

 

Length of         Interruption Period

Interruption      To Be Credited   

                                                                       

                                                                        15 hours up to but not

   including 24 hours    One Day

                                                 

Two or more interruptions of 15 minutes or more during any one 24-hour period shall be considered as one interruption.

 

Interruptions Over 24 Hours and Less Than 72 Hours. Interruptions over 24 hours and less than 72 hours will be credited 1/5 day for each 3-hour period or fraction thereof. No more than one full day's credit will be allowed for any period of 24 hours.

 

Interruptions Over 72 Hours. Interruptions over 72 hours will be credited 2 days for each full 24-hour period. No more than 30 days credit will be allowed for any one month period.

 

7.         Cancellation For Service Interruption

 

Cancellation or termination for service interruption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling 16 hours in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit which has been subject to the outage or cumulative service credits.

 

8.         Term and Termination

 

8.1       If Customer terminates a Service Order or terminates services before the completion of the term for any reason whatsoever other than for Cause, Customer agrees to pay to Verizon termination charges, which are defined below. These charges shall become due and owing as of the effective date of the cancellation or termination.

 

8.2       Early Termination: If Customer terminates any services before the end of any period for which Customer has committed to pay for the applicable circuit, except for Termination for Cause as provided in Customer’s agreement with Verizon, such termination shall not be effective until 60 days after Verizon receives written notice of termination and Customer may be required to pay, within 30 days after such date; (a) all accrued but unpaid charges for the applicable circuit incurred through the effective date of termination plus (b) an amount equal to the total of the remaining charges in the first year of the applicable circuit commitment period, if any, plus (c) an amount equal to 75% of the monthly recurring charges for the balance of any such commitment period; provided that, in no event shall Customer’s total termination liability exceed the full contract value of the terminated services.