ACCESS +

 

Part I:  Rates and Charges

Part II: Service Description and Requirements

Part III:            Terms and Conditions

Part IV:            Definitions

 

Part I: Rates and Charges. Customer will pay the monthly recurring charges (“MRCs”) in advance, non-recurring charges (“NRCs”), and data charges, as applicable, for Local Access + (“Local Access”) as described below and set forth in the Contract or in the Customer’s Service Order (“SOF”), as applicable. 

1.   Data Usage.

1.1       Wireless Connections.  Monthly data plan charges for wireless connections are billed in advance.  Overage usage (usage in excess of the monthly data plan amount) will be rounded to the next full GB of traffic and will be billed in arrears.  Data usage not used in a particular monthly billing period may not be carried forward to another month, though Customer shall still be responsible for paying all rates and charges associated with the data plan selected by Customer. With regard to Wireless UNI (“User Network Interface”), Customer shall pay for all data usage sent through the wireless connection regardless of whether Customer Equipment actually receives the information. The wireless network may resend data packets and Customer will be billed for these resent packets. 

1.1.1     Wireless Connection outside the U.S.  With respect to Customer-requested upgrades to its data plan for Local Access with Wireless UNI, the MRC will be prorated according to the date when the new data plan is available to Customer.  Overage usage will be based on the data plan in effect on the last day of the billing period when traffic usage is calculated.  The billing period with respect to overage usage may differ according to the country where Local Access with Wireless UNI is provisioned.

1.2       Express Connect Package in the U.S.  Customer will pay Verizon’s standard MRC for Wireless UNI plus an NRC that covers all of Customer usage while Wireless UNI is being used as Express Connect.  The Expedite option is not available with Express Connect.

1.3       Express Connect Package outside the U.S.  Customer will pay Verizon’s standard MRC for the data plan selected for the Wireless Connection and the Overage usage charges, as applicable. The NRC will include a Premium charge to cover the costs for Express Connect.  The Expedite option is not available with Express Connect.

2.   Administrative Charges.  Where applicable, administrative charges (e.g., cancellation, expedite, or change charges) will apply as set forth below.  Amounts are quoted here in U.S. dollars and will be billed in the invoice currency.

 

 

3.   Surcharges. 

3.1 Local Access provided in the U.S. are subject to the following surcharges:

·        Federal Universal Service Fund (FUSF)

·        Carrier Cost Recovery Charge

·        Administrative Expense Fee

3.2       When Local Access with Wireless Connection provided in the U.S. is used with Verizon’s Internet Dedicated Service, such connection is subject to the following Wireless Regulatory Surcharge: $0.02 per connection per month.

3.3       Local Access Services outside the U.S. may be subject to similar surcharges based on the requirements of applicable governmental authorities.

 

Part II: Service Description and Requirements.

 

1.   Local Access.  Verizon provides a local access circuit (“Local Access”) from each Customer Site to the nearest local Verizon point of presence (“PoP”) or to the nearest local Verizon partner PoP (“Verizon PoP”).  

1.1       Options.  Verizon will provide primary Local Access at the Customer Site as agreed in the Contract or the SOF, as applicable.  Customer may choose one of three primary Local Access User Network Interfaces (“UNIs”) for each Customer Site, as available.  The three types of primary Local Access are:

1.1.1     Ethernet UNI

1.1.2     TDM (“Time Division Multiplex”) UNI

1.1.3     Wireless UNI (which includes a “Wireless Connection” over a cellular wireless network).

1.1.3.1  Express Connect Package.  “Express Connect Package” or “Express Connect” is an interim wireless access feature made available for Customer’s use until Customer’s network service is activated.  With Express Connect Package, Customer may order wireless backup and request it to be used as Express Connect until the Customer’s network service is activated.  Express Connect will convert to standard wireless backup access upon the activation of Customer’s network service.  Supported network services include Private IP with Managed WAN, and Secure Gateway Retail & Remote Office. In the U.S., Express Connect can also be used until Customer’s Internet Dedicated or Internet-based IPSec VPN with Managed WAN service is activated.  Outside the U.S., Express Connect can be ordered to reduce the delivery time to get wireless access as primary connectivity only to an existing Customer’s Private IP Network using Secure Gateway Retail & Remote Office.

1.2       Additional Service Description and Requirements for Local Access with Wireless Connection. Verizon will provide Customer with a data-only SIM card - which will remain Service Equipment - for use in Customer Equipment such as routers with wireless modules.  Data-only SIM cards will be used as follows:

(i)         (U.S. only) to provide Customer with the option of a Wireless Connection used as backup access to Internet Dedicated Services, or connectivity for a remote location into a Verizon-provided network service, or as Express Connect until Customer’s Internet Dedicated Service or other Verizon network services are activated.  

(ii)        (where available outside the U.S.), to enable Wireless Connection (used as primary  or backup access) into Customer’s Verizon-provided Private IP network when using Verizon’s Secure Gateway Retail & Remote Office solution (subject to Customer’s subscription to separate Service Attachments for PIP Service and Secure Gateway Services). Verizon offers 3G and 4G Data-only SIM cards with data plan allocations of 0 GB, 1GB, 3GB, 5GB, 6GB, 10GB, 15GB, 20GB, 50GB, and 100GB where available.

1.3       Availability.  

1.3.1     General. Local Access may not be available in all cities or at all bandwidths or with all features, and may require a capacity check to be performed. Exact availability information on a city-by-city basis can be obtained from Customer’s Verizon Account Manager.  Local Access provides dedicated high bandwidth access to one or more Verizon network services via a single connection using TDM or Ethernet or wireless networking topology, per Customer designated location, where the access itself is provided by Verizon and where facilities are available.  Verizon cannot guarantee that Local Access will be available to Customer Site, and in some cases Local Access availability cannot be determined until the date of installation of the Local Access. In some instances Verizon’s provision of Local Access is dependent on third-party Local Access circuit providers.  For Local Access with Wireless Connection, wireless network coverage and other factors may affect the availability and performance of the service.  Customer is responsible for checking the quality of the signal at the location where the Local Access with Wireless Connection will be installed prior to ordering the service.

1.3.2     Extended Access. Verizon may procure an international private line circuit or an extended access border Ethernet circuit, sourced from a licensed third party carrier, to connect a Customer Site that is located outside of Verizon’s network footprint to the closest country where a Verizon PIP/Internet node is available (“Extended Access”).  Unless otherwise specified by Verizon, Extended Access is provided without any SLA performance standards.  Quotes for Extended Access include the charges for Local Access that is associated with Extended Access.

1.4    UNI Interface Specifications.  All Local Access circuits have three key characteristics: Access Speed, UNI Speed, and Interface options.  UNI Speed is the rate of the local tail that is presented to the Customer Site and will be the speed at which the service interfaces with the CPE, whereas Access Speed is the actual contracted bandwidth for the link and therefore dictates the maximum overall throughput and/or data consumption achievable end-to-end. The actual data transmission rates will be affected by technical constraints such as network configuration, interference at Customer Site, the end user's distance from the exchange, the exchange type, dimensioning, protocol overhead, line quality, method of data transmission, and hardware and software configuration.  Interface options are outlined in the table below.  Customer will be assigned a performance level of Platinum, Gold, Silver, or Bronze by Verizon based on Verizon’s determination of the specific performance level for Local Access using the mean-time-to-repair and availability targets at the Customer Site.  The mean-time-to-repair and availability for customer circuits will be specified in the respective network service level agreement.  The following Table outlines the typical mode of presentation for each type of Local Access (actual presentation will be dependent on the location of the Customer site).

 

1.5     Customer-Provided Circuit Facility Assignment (“CFA”). Customer-provided circuit facility assignment (“CFA”) is only available in the United States and only provided where existing facilities are available.

•           Rings/Hubs/Channelized (“Parent”) Facilities. Verizon supports only Verizon-approved rings, hubs, and channelized facilities (“hereinafter collectively referred to as the “parent facilities”). The parent facilities must be dedicated and billed to Customer (i.e., not be shared network infrastructure).  When information provided by the Customer is not correct, Customer’s Service Order will be rejected.  Customer is responsible for obtaining a letter of authorization (“LOA”) when the terminating parent facilities are not provided by Verizon as part of Local Access.  Customer is also responsible for having appropriate availability on the parent facility when providing CFA to ensure that the facility provider won’t reject placement on the facility for lack of space.  Verizon is only responsible for the portions of the circuits provisioned by Verizon.

•           Pricing & Price structure The MRC and NRC for CFA will be inclusive of Verizon charges and will include port/rider/appearance charges only when the facility provider charges Verizon back for these charges. Where the facility provider charges Customer directly for port/rider/appearance charges, Customer is responsible for paying for such charges directly to the provider, and Verizon’s invoices to Customer will not include such charges.  Customer must provide the following information: meet me location, ring/hub/parent provider name, Verizon ring/hub status, and Verizon ring/hub type.  If Customer provides incorrect information, the CFA will need to be re-quoted.

1.6 Customer-Provided User-to-Network Interface. The Customer-provided user-to-network interface (“UNI”) feature is only available in the United States and only with respect to Customer’s use of a Verizon Telecom-provided UNI as access to Verizon’s network services.  Verizon supports Customer-provided UNI only with a Verizon Premier UNI sold with Verizon’s Switched Ethernet Service available via a separate service attachment. The Premier UNI must be dedicated and billed to Customer (i.e., not shared network infrastructure). When information provided by Customer is not correct, Customer’s Service Order will be rejected. Customer is responsible for obtaining an appropriate Letter of Agency  (empowering Verizon to order an Ethernet virtual connection from Verizon Telecom on Customer’s behalf ) that connects to Customer’s Verizon Telecom UNI, and providing correct UNI circuit ID information to Verizon. Verizon is only responsible for portions of the circuits provisioned by Verizon.

1.7 Moves/Adds/Changes.  If Customer desires to upgrade or downgrade its Local Access, Customer must notify Verizon in writing fifty (50) days in advance.  Where practicable, and subject to the Contract requirements described below, Verizon will implement such requested upgrade or downgrade at the beginning of the next calendar month following such fifty (50) day notice period. 

1.7.1  Local Access Speed Changes.  Speed changes on an existing Local Access circuit are only supported by Verizon in specific limited circumstances.  Otherwise, where alternative Local Access speeds are available from Verizon, Customer must present a new order to Verizon to obtain such alternative speeds and simultaneously terminate its existing Local Access Contract, for which it will pay early termination charges as applicable. Also, Customer will be responsible for any third party charges incurred by Verizon in order to implement the requested changes or any termination.  The applicable NRC and MRC associated with the new Local Access circuit speed will be effective from the day the changed bandwidth is available to Customer.

1.7.2  Local Access Moves.  Customer-requested moves of Local Access to a new location will be quoted on an individual case basis and, as with speed changes, may require the termination of Customer’s existing Local Access circuit and installation of a new one.  In this event Customer will pay early termination charges as applicable and any third party charges incurred by Verizon in order to implement the move.  The newly-contracted Local Access will include the applicable NRC and MRC associated with the new Local Access circuit.

1.7.3  Other Changes to Local Access.  Other changes Customer may request to Local Access include:

•                  Bandwidth Reconfiguration.  Provides Customer the ability to reconfigure bandwidth using Customer’s existing interface and physical access facility on some network configurations; the standard network configuration is supported in select areas.  The charge for bandwidth reconfiguration is in addition to the Administrative Change charge and applies per reconfiguration.  For Service Orders which require a change in Customer’s existing interface, physical access facility, and/or provider of the physical access facility, Customer will pay early termination charges. Each such Service Order will be handled as a new Local Access installation, and the new NRC and MRC corresponding to each new Local Access circuit will apply.  Bandwidth reconfiguration is not available with Local Access with Wireless Connection.

•                  Administrative Change. Includes the modification of an existing Local Access circuit made at Customer’s request that involves changes to Customer name, Customer contact name, Customer phone number, verification of testing performed by parties other than Verizon, service rearrangements not involving a physical change, and/or any other administrative change not covered by a Billing Record Change.

•                  Billing Record Change. A change in Customer’s billing address not involving physical re-termination of the circuit.

•                  Cancellation of Order. A (i) Customer-initiated request to discontinue processing a Service Order, either in part or in its entirety, prior to its completion, excluding requests resulting from Verizon’s determination of the unavailability of facilities to complete the Service Order, and/or (ii) discontinuance by Verizon of processing a Service Order resulting from Customer’s request to defer installation for a period longer than 30 days.  Charges associated with the cancellation of Service Orders will not apply to circuits for which Customer reinstates the same Service Order within 30 days of its request to discontinue processing the original order.  Charges associated with Customer’s cancellation of a Service Order will be assessed per cancelled circuit or port per order.  Standard Expedite charges will apply in addition to any cancellation of order charges if Customer cancels an Accelerated Expedite or standard Expedite Service Order before installation.

•                  After-Hours Installation. An installation requested by Customer to take place at a Customer Site outside Normal Business Hours in the applicable country.  An after-hours installation charge applies.

•                  Expedite. A Service Order that is processed, at Customer’s request, with the objective of installing or changing the service in a time period shorter than Verizon's standard installation time period for that service, whether or not the installation or change is completed within the expedited installation time period.  An expedite charge will be assessed per location per circuit, per port, per Order and/or per device depending on the affected service as specified in the applicable section of Verizon’s Online Pricing.  For Access, Customer will be charged an additional Expedite charge for each revision made to its Service Order prior to the completion of an installation or a change request due to Customer’s actions, including, but not limited to, more than one (1) site visit to Customer’s premises because Customer was not available at the time scheduled for installation or if Customer requests a change in the installation date, or any other Customer request such as changed speeds prior to the completion of such installation. Service Orders requiring construction prior to the installation of service could result in extended delays even in instances where an Expedite charge applies.  For international locations, Verizon will support expedited service only at locations where it is supported by the local access provider, and Customer will pay the expedite charge then in effect and levied on Verizon by such local access provider.

•                  Pending Order Change. Customer’s requested modification of a Service Order, prior to the completion date of the order.  Charges may apply per Service Order and per circuit or port for each modification.

•                  Physical Change. The modification of an existing circuit at Customer’s request, requiring physical change or re-termination of the circuit.

•                  Service Date Change. The modification of a Service Order, at Customer’s request, to request a new Service Order due date that is within 30 days of the original due date.  Charges will apply for each occurrence in addition to other applicable Administrative Nonrecurring Charges.

2.   Local Access Features

2.1       Required Customer Equipment.  Customer shall be responsible for providing the necessary Customer Equipment to connect its network to the Local Access circuit and for ensuring that such Customer Equipment is fully compatible with the Local Access provided by Verizon.

2.2       Special Construction.  Customer agrees that charges described above relating to the provision of Local Access circuits to Customer’s Site(s) may be increased by Verizon if the charges to be incurred by Verizon for Local Access circuits provided by certain third parties exceed the installation NRCs set forth in the Agreement.  Verizon will notify the Customer of any revisions to such Local Access installation NRCs. If Customer does not accept the revised Local Access installation NRCs, Customer may terminate the service(s) affected by the revised Local Access installation NRCs, subject to payment of any cancellation charges imposed upon Verizon by the Local Access circuit provider ("Cancellation Charges").  

2.3       Off Net Special Build.  Customer agrees that charges described above relating to the provision of Local Access circuits to Customer’s Site(s) may also be assessed an additional NRC for Customer Sites into which certain third party vendors of Verizon may have to build Local Access circuits (the “Build Work”). The applicable NRC will be specified on the Customer’s Service Order.  Customer understands that the Build Work will result in an extended installation period. Customer further understands and agrees that Verizon will not be responsible or liable for the work performed by the third party vendor.

2.4       Customer Requested Due Date (“CRDD”).  Customer may request a due date for delivery of Local Access.  Based on this request, Verizon will determine the date of delivery which will be communicated to Customer either by letter, fax, e-mail, or verbally following acceptance of the Contract. 

2.5       Multi-Service. The multi-service feature of Ethernet Access allows Customer to terminate multiple Ethernet virtual connections (“EVC”s) onto a single Ethernet Access UNI, so long as the aggregate EVC bandwidth does not exceed the Ethernet Access bandwidth.  

2.6       Customer-Provided Access.  Customer-provided access is available if Customer’s provider has an Interconnection arrangement with Verizon.  With respect to such Customer-provided access, the demarcation points for Local Access are the access ports at the interconnection point on the Verizon network (Local Access service demarcation).  Customer must provide the “meet-me” location (a valid suite and building where the Local Access service demarcation is located).  Customer is responsible for bringing the connection to the Local Access service demarcation site.  Customer will arrange and pay for the provisioning of the connection through a third-party.  Any facilities and additional cabling required at Customer’s site are Customer’s sole responsibility.  Verizon has no knowledge of, nor responsibility for, any part of Customer’s access beyond the Local Access service demarcation.  To enable Customer-provided access, Customer must provide applicable tie-down information to Verizon.  If Customer’s provider does not have an Interconnection arrangement with Verizon, then Customer-provided access is not available. 

2.7       Charges for Customer-Provided Access. Verizon implements the physical connection between Verizon’s side of the Local Access service demarcation to the Service Equipment (such connection hereinafter referred to as the “cross-connect”).  MRCs and NRCs for the cross connect are the charges to provide transport across the Verizon network in order to connect to the Customer’s network service (e.g., Private IP, etc.).  Verizon’s quote is only valid to the extent Customer’s information is accurate.  If incorrect information is provided by Customer, the cross-connect will need to be re-quoted by Verizon.  

2.8       Local Access Diversity.  Verizon offers different ways for Customer to achieve service resiliency in its network.  Additional charges may apply for any of the Diversity types described below if Customer’s request for such Diversity type is approved by Verizon.

2.8.1     Customer Premises Diversity. Hand-offs at the Local Access Service demarcation can be enabled via either 2-or 4-fiber facility (latter, where available).

2.8.2     Layer 2 Aggregation Geographic Diversity.  Layer 2 Aggregation Geographic Diversity (different buildings) provides Customer with an additional Ethernet interface port connection at Customer’s designated premise, provided on a separate Ethernet device with a termination at a separate Layer 2 Aggregation device.  Customer’s second Ethernet Access circuit utilizes the second Ethernet device to connect to a separate Layer 2 Aggregation device - in the same Converged Packet Architecture (“CPA”) market area - as Customer’s primary Ethernet Access circuit.  Aggregation devices utilized for Layer 2 Aggregation Geographic Diversity are predefined by Verizon engineering and are not available for discrete selection by Customer.  Customer must order and pay for the two access circuits from Verizon to configure Layer 2 Aggregation Geographic Diversity.

2.8.3   Carrier Diversity.  Subject to an existing interconnection agreement between Verizon and other access providers collocated at a Verizon POP, and subject to availability of facilities, an additional alternate access circuit may be procured by Verizon from an alternate access provider to provide a separate transmission path between the Verizon POP and Customer Site or the primary Serving Wire Center that serves Customer Site as determined by Verizon. The primary access circuit and the additional alternate carrier access circuit may ride on the same fiber path and may also ride on the same ring or multiplexer from the serving wire center to Customer Site. 

2.8.4   Preferred Carrier Designation. Subject to an existing interconnection agreement between Verizon and other access providers collocated at a Verizon POP, and subject to availability of facilities, a single access circuit may be procured by Verizon from an alternate access provider if Customer chooses to designate a specific access provider to utilize for the single local access circuit.

 

Part III: Terms and Conditions.  In addition to the Master Terms, the following service-specific terms and conditions apply:

 

1.   Third Party Carrier Forms.  When the Local Access circuit is procured from a third party carrier, and the third party carrier requires certain forms to be signed to process Customer’s order (e.g., Warranties of Agency, Letters of Agency, service terms, etc.), Customer shall sign such forms promptly or, if permitted by the third party carrier, Customer may authorize Verizon as Customer’s agent to sign such forms on Customer’s behalf.

2.   Interstate Service Only.  Local Access in the contiguous United States is offered only on a jurisdictionally interstate basis.  With respect to its use of Local Access, Customer agrees that more than 10 percent of Customer’s per-circuit traffic crosses state line boundaries.  Customer will pay the FUSF charges and Carrier Cost Recovery Charges related to Local Access as specified in the Contract.

3.   Permitted Use.  For Local Access provided outside the contiguous United States, unless expressly permitted by Verizon in writing, Local Access circuits may only be used in conjunction with a Verizon-provided international network service, and primarily for the purpose of connecting a Customer Site to the nearest Verizon PoP.  If Customer violates the terms of use for Local Access circuits as stated in this provision or in the Service Order or service schedule or attachment containing country-specific terms and conditions, then in addition to other rights or remedies available to Verizon, Verizon may terminate the Local Access circuit for Cause.

4.   Local Access with Wireless Connection Abuse or Fraudulent Use. Data-only SIM cards are provisioned by Verizon for use by Customer subject to the condition that Customer will not use such SIM cards in an unauthorized, abusive, or fraudulent manner. Examples of such use include, but are not limited to (i) use of the data-only SIM card in an unauthorized device making an unauthorized connection to the wireless network, and (ii) attempting to use the Local Access with wireless Connection in such a manner so as to avoid incurring charges for usage.  If Verizon identifies such use, Verizon will notify Customer of such use and Customer shall immediately cease from engaging in such use and with the understanding that a failure to cease engaging in such use following notice shall be a material breach of the Agreement.

5.   Installation.  Unless otherwise provided in the Contract, Customer is responsible for providing all facilities and internal cabling to connect Customer’s Site to the entrance point for the Local Access circuit.  Customer shall inform Verizon of the existence and location of the wiring or any other risk factors that may occur on the Customer Site while installing the Local Access circuit.

6.   Circuit Speed Availability.  Verizon cannot guarantee the Access Speed of Local Access circuits.  Customer specifically acknowledges and agrees that the Access Speed may not always be fully available because the burst rates may be reduced by modem rate adaptation, protocol overhead in the underlying network, properties of transmitted IP traffic stream, Customer Site distance from the wire center, access network technology and configuration, interference at the Customer Site, and by the method of data transmission.

7.   Monitoring and Management.  Unless agreed to in writing, Verizon does not monitor or manage Local Access circuits.

 

Part IV:  Definitions.  The Definitions apply.