MANAGED WAN +

 

Part I: Rates and Charges.

Part II: Service Description and Requirements.

Part III: Terms and Conditions.

Part IV: Service Level Agreement.

Part V: Definitions.

 

Part I: Rates and Charges 

 

1.   Service Charges.  Customer will pay the monthly recurring charges (“MRCs”) and non-recurring charges (“NRCs”) for Managed WAN + (“Managed WAN”) as specified below and in the applicable Contract.  Customer will pay additional MRCs and NRCs for any equipment management required or for optional services or features that may be ordered by Customer under the Contract.  Managed WAN MRCs are fixed for the Service Commitment.  The charges shown herein are quoted in United States dollars and will be billed in the invoice currency.

2.   Administrative Charges.  The following administrative charges are applicable to Managed WAN.  Additional administrative charges (shown as “Ancillary Charges”) are found in the Master Terms.

 

 

3.   SD WAN Licenses.  An SD WAN license is required for each Customer device, and the license fee is included in the SD WAN management fee.  Customer must choose the appropriate SD WAN license for each device, based on bandwidth and features required.

4.   Managed Devices.  Applicable MRCs and NRCs in the Contract are based on management type and size of Managed Device, as listed below […].  Device models not identified here are “nonstandard CPE.”  Verizon may impose different terms for Managed WAN that it provides for nonstandard CPE, or decline to provide Managed WAN for nonstandard CPE in whole or in part, at its sole discretion.  Customer acknowledges that certain device models may support Router Management and not SD WAN Management, or vice versa.

4.1        Extra Small:

·         CISCO ROUTERS: 8XX Series;

·         JUNIPER ROUTERS: SRX 1XX

·         ADTRAN NETVANTA ROUTER: Special 3201 Model

·         DIGI ROUTERS: WR-44

·         CradlePoint: MBR1xxx, IBR6xx

·         Viptela: vEdge 1xx […]

4.2        Small:

·         CISCO ROUTERS: Series 1XXX, 2XXX, and 43xx Series;

·         ADTRAN NETVANTA ROUTERS: Series 1XXX, 2XXX, and 3XXX;

·         ADTRAN TOTAL ACCESS (“TA”) ROUTERS: Series 9xx;

·         JUNIPER ROUTERS: J23XX and J43XX; SRX 2xx Series

·         NORTEL ROUTERS Series 1XXX

·         Viptela: vEdge 1xxx

4.3        Medium:

·         CISCO ROUTERS: Series 3XXX and 44XX;

·         ADTRAN NETVANTA ROUTERS: Series 4XXX and 5XXX;

·         JUNIPER ROUTERS: J63XX; SRX 6xx Series

·         NORTEL ROUTERS Series 3XXX

·         Viptela: vEdge 2xxx

4.4        Large:

·         CISCO ROUTERS: Series 7XXX and ASR 1XXX

5.   One-Time Management Charges.  Optional Change Management (“OCM”) provides additional remote change management support for Managed WAN for the NRC shown below.  Customer can order specific OCM activities through the Verizon Customer Portal.  The Standard Change Management activities shown in the Customer Portal are included in the MRC of the Managed WAN Service.

 

 

6.   Implementation, Feature, and Optional Charges.  Upon Customer’s order, Customer will pay the NRCs and MRCs, as applicable, shown in the Contract for Optional Reporting, Enhanced Features on Customer Managed Device (Full Management), Network Analysis (Full Management), Network Engineering (Full Management), and Wireless Out of Band.  Implementation and other feature and option charges are shown below.

6.1        Managed Implementation or Take-Over Charges.  Depending upon network readiness, additional equipment or equipment upgrade may be required.  Equipment costs are not included in the NRC shown in a Contract.  CPE may be provided under a separate service attachment.  The NRC and MRC shown in the Contract apply per Managed Device.

6.2        Changing Levels Service.  If Customer elects to change their level of Managed WAN Service in accordance with the clause entitled “Changing Levels of Managed WAN Service,” the NRC and MRC will be shown in a new Contract.

 

Part II: Service Description and Requirements 

 

1.   Managed WAN provides wide area network design, configuration, activation, monitoring, management and support of Managed Devices to Customers subscribing to the following Verizon transport services, where available: Internet Dedicated, Internet Dedicated Ethernet, Internet Broadband, Private IP Service (“PIP”), Private IP Ethernet Layer 2 Service, Ethernet Private Line (“EPL”), Ethernet Virtual Private Line Service (“EVPL CPA-Based”), and Virtual Private LAN (“VPLS”).  Upon Verizon approval, Managed WAN is also available for locations where third parties and Verizon Wireless provide transport service(s).  […]  Depending on the location where Managed WAN is provided, Verizon provides either Managed Implementation or Managed Take-Over to start Managed WAN at each Customer Site.[…]  Verizon will inform Customer of the specific implementation options available at Customer’s location prior to implementation.  Each implementation option is more fully described later in these terms. 

 

2.  Device Management.  For device management, Customer may select either “Router Management” or “SD WAN Management.” The following management types are available based on Customer’s selection of device management.

 

Management Type¯	Router Management	SD WAN Management
Monitor and Notify	ü
Physical Management	ü
Full Management	ü	ü

[…]

 

3.     SD WAN Management.  Software-defined WAN (“SD WAN”) Management is available on Viptela devices and works only between Viptela devices.  SD WAN allows for a highly flexible utilization of all network capacity attached to a network site.  With SD WAN, Customer will establish policies that classify its traffic into categories to the granularity of applications, and define minimal requirements for loss, delay, and jitter per traffic class.  If network conditions change and Customer-established network traffic policies are violated, SD WAN dynamically rearranges how application traffic is distributed across the available traffic paths in the background.  SD WAN functionality is controlled via required, cloud-based, virtual management controllers.  Verizon will load the software that comprises these controllers on a platform provided by Verizon, or on a platform of Customer’s choice, subject to Verizon approval, and thereafter manage the controllers.

4.   Demarcation.  The demarcation of Managed WAN will be the Local Area Network (“LAN”) interface of the Managed Device.  Verizon will monitor the router’s LAN interface(s) and notify Customer of outages, but Verizon will not manage Customer’s LAN as part of Managed WAN.

5.   Provision of CPE.  Customer can choose to provide their own CPE or Verizon can provide CPE under a separate service attachment or agreement for use as Managed Devices.  In either case, Customer will provide Verizon with such access to Managed Devices and such assistance as Verizon reasonably requires to provide Managed WAN.  Except when provided by Verizon, Customer is responsible for the installation of the CPE.  If required, Customer will facilitate the execution of a Letter of Authority (“LOA”) allowing Verizon to work with any 3rd party CPE maintenance providers.  Customer is responsible for all costs and expenses related to 3rd party maintenance providers, including costs related to actions directed or recommended by Verizon, either directly to the 3rd party CPE maintenance provider pursuant to the LOA or otherwise through Customer.

6.   Service Management Types.  The following service management types are available for Managed WAN.

6.1        Managed WAN Monitor and Notify.  Managed WAN Monitor and Notify […] provides the following:

6.1.1     Monitoring.  Verizon provides proactive monitoring of all Managed Devices 24 hours a day, seven (7) days a week.  Verizon will monitor the Managed Devices via use of the simple network management protocol (“SNMP”) and internet control message protocol (“ICMP” commonly called a “ping”) for status and error conditions (e.g.  SNMP trap messages).

6.1.2     Notification.  Verizon provides fault notification for the Managed Devices.  Verizon’s network operation center (“NOC”) will create a trouble ticket and attempt to notify Customer’s designated point of contact within 15 minutes of Verizon’s determination of a Managed Device or transport failure.  Verizon will attempt to notify Customer’s designated point of contact via either e-mail or automated phone message at Verizon’s option.  Upon the creation of a trouble ticket, the NOC will i) begin troubleshooting the data networking circuit until the problem has been verified as fixed and the ticket will then be closed, if the trouble is due to a Verizon data networking circuit; or ii) inform Customer of the fault and monitor the ticket if the trouble is due to causes other than a Verizon data networking circuit.  Once the non-Verizon issue has been resolved by Customer, the ticket will be closed by Verizon.

6.1.3     Standard Reporting.  Please Note:  Effective April 12, 2014, the terms set out here relating to WAN Analysis Reporting do not apply to contracts adding Managed WAN for the first time.  Customers contracting for Managed WAN on or after April 12, 2014 will contract separately for WAN Analysis Reporting.  Verizon provides reporting services using an automated reporting and analysis tool that selects and condenses the MIB data into graphical reports available on demand via an Internet web site.  Standard Reporting provides information on Customer Edge (“CE”) routers including; CE LAN interface performance, CE WAN interface performance, CE WAN sub-interface performance, and CE router performance (“Standard Reporting”).  MIB graphical reports include CPU usage trends, tables of WAN or LAN elements showing trend variables, and summary reports.  Reporting outside this scope may incur additional charges.

6.1.4     Managed Services Customer Portal.  The managed services portal (the Verizon Enterprise Center or other website provided by Verizon from time to time (“Customer  Portal”)), is an Internet web portal that provides a secure, scalable, consolidated view of Customer Network information 24 hours a day, seven (7) days a week.  The Customer Portal provides real time access to project status, contact information, and information about Managed Devices.  Customer is limited to 10 user accounts and is responsible for ensuring that all users understand and comply with Verizon’s confidentiality requirements.  The Customer Portal can be accessed at: www.verizonbusiness.com.

6.1.5     Customer Responsibilities for Monitor and Notify Service. 

6.1.5.1     Fault Isolation and Configuration.  Customer is responsible for resolving both logical and physical CPE faults; and fault isolation and monitoring for the Managed Devices and associated downstream attached devices (e.g.  cabling, servers, non-managed switches, firewalls, and personal computers).  Customer is responsible for the management of all equipment connected to Managed Devices that are out of the scope of Managed WAN and for software licenses associated with Managed Devices.  Customer will provide to Verizon the SNMP “read access community string” for all Managed Devices.

6.1.5.2     Change Management.  Customer is responsible for making and managing changes to the Customer Network and any routine maintenance of Managed Devices.  Customer is also responsible for informing Verizon of any changes to the Customer Network that affects monitoring of the Customer Network including, but not limited to, removing Managed Devices from service.  Customer is also responsible for backing up the Managed Device configurations.

6.2        Managed WAN Physical.  Managed WAN Physical […] provides the following in addition to Monitor and Notify Service:

6.2.1     ISDN Dial Backup Design, Implementation, Testing, and Fault Isolation Services.  Verizon provides ISDN dial backup design, implementation, testing and fault isolation services upon Customer request (not available for to Internet transport).  Where ISDN is not available, Verizon will provide an analog dial backup design, if applicable.  Customer is responsible to arrange the provisioning of ISDN basic rate interface (“BRI”) lines or analog lines as necessary.  Verizon testing is limited to non-intrusive testing of the backup solution.

6.2.2     Design Services.  Verizon will provide a consultant who will create a Customer Design Document (“CDD”) based on a written Statement of Requirements (“SOR”) agreed to by Customer.  The CDD is an internal Verizon document which describes the Customer Network.  Verizon will activate, monitor, and manage the Customer Network as designed in the CDD.

6.2.3     Monitoring and Management.  The NOC provides physical fault detection, isolation, and monitoring services for Managed Devices.  The NOC provides coverage 24 hours per day, seven days per week.  Physical faults will be resolved by Verizon whether due to Verizon, Customer or third party issues.  Managed Device logical faults are Customer’s responsibility.  Customer will inform Verizon of physical faults once it has completed its logical troubleshooting if Verizon is maintenance provider for Customer’s CPE.

6.2.4     Change Management Activities.  Customer is responsible for making and managing changes to the Customer Network and any routine maintenance of Managed Devices.  Certain change management activities shown on the Customer Portal as Standard Change Management are provided at no additional charge.  Verizon may charge for changes outside the scope of change management activities included in Managed WAN Physical, if available.

6.2.5     Customer Responsibilities for Physical Service.  Unless otherwise provided by Verizon as shown in the Contract, Customer is responsible for providing out of band (“OOB”) access to the Managed Device for Verizon troubleshooting purposes as provided herein.  Customer is also responsible for providing Verizon with read access to the Managed Device configuration and for management of any software licenses associated with Managed Devices.  Upon Customer’s request, Verizon will automatically backup Managed Device configuration, provided however that Customer must provide Verizon the SNMP read / write community string to the Managed Device.

6.3        Managed WAN Full.  Managed WAN Full provides the following in addition to Managed WAN Physical.

6.3.1     ISDN Dial Backup Design, Implementation, Testing, and Fault Isolation Services.  Upon Customer’s request, and Verizon’s approval, Verizon will test the backup solution, including, without limitation, intrusive testing (i.e.  taking the circuit down to test).

6.3.2     Monitoring and Management.  Verizon is responsible to resolve both logical and physical issues with Customer’s cooperation whether the issue arose due to Verizon, Customer or third party issues.  If the problem is software-related, the Managed Network Services Operations (“MNSO”) engineering staff will remotely bring the Managed Device back to operational condition.  If the problem is hardware-related, MNSO will dispatch a Verizon field technician or a contracted third-party to repair/replace the Managed Device.  Management of Managed Devices includes management of applicable software licenses that may be configured on Managed Devices.  If Customer originally obtained its Managed Device and maintenance through Verizon or has provided an LOA for Managed Devices or maintenance from third parties, Verizon will dispatch a Verizon field technician or a contracted third-party.  If Customer provides the CPE and maintenance, Customer will be notified directly.

7.   Implementation Options.  Depending on availability, the following implementation options may be utilized for Managed WAN.

7.1        Manage d Implementation.  Managed Implementation brings a new Customer Network online and under Verizon management.  Managed Implementation begins after Customer’s requirements have been gathered and the design activities have been completed.  Verizon provides support for the planning, system engineering and overall project management of a new Customer Network including without limitation:

7.1.1     collection of system, application and end-user requirements;

7.1.2     creation of the overall project plan including system design and equipment configuration;

7.1.3     implementation of the overall project plan; and,

7.1.4     Customer Site installation and acceptance.

7.1.5     Verizon will provide Managed Implementation on a per-project basis in accordance with a separate SOR that contains appropriate terms and conditions agreed to by Customer and Verizon.

7.2        Managed Take-Over.  Where Managed Take-Over is available, if selected, […] Verizon will review, optimize or take over management of Customer’s existing network in two steps; due diligence and impact assessment.

7.2.1     Due Diligence.  Due diligence involves collecting and analyzing the logical and physical characteristics for Customer’s existing network, as well as its related equipment or assets.  All network data must be provided by Customer, including, but not limited to, Customer interviews, Customer-provided network diagrams, and Customer Site-specific information.  Upon Customer request, due diligence may include Network Discovery, as defined below.

7.2.2     Impact Assessment.  The SOR is produced by Verizon in cooperation with Customer.  The SOR i) provides the inventory of Customer’s current network; ii) identifies any physical / logical activities required to bring the network under management by Verizon, and iii) identifies any associated costs to Customer to upgrade the network necessary to bring the network under management.  Verizon provides Managed Take-Over on a per-project basis in accordance with a SOR that contains appropriate terms and conditions agreed by Customer and Verizon.

7.2.3     Network Discovery.  At Customer’s request and upon Verizon’s acceptance, Verizon will undertake “Network Discovery” of Customer’s CPE.  Network Discovery here means that Verizon will run CPE-discovery software on Customer’s network to collect information about the CPE connected to that network, including without limitation, its manufacturer, age, current software, configuration, and similar information.  Customer will provide Verizon with the information needed to determine the proper scope of the Network Discovery.  Customer is responsible for providing Verizon with accurate information about that scope and represents that it has all necessary authority to have Verizon undertake the Network Discovery requested under these terms.  Please note that Network Discovery is not part of the actual Managed WAN Services provided to and paid by the Customer to Verizon but is provided as a convenience to the Customer.

8.   OOB Access.  OOB access, whether wireless CDMA or GSM/GPRS (where available) (“Wireless OOB”) or PSTN access (“Analog OOB,” collectively Wireless OOB and Analog OOB is referred to herein as “OOB Access”), is required for Managed WAN Services Full and Managed WAN Services Physical.  In order to ensure installation of the Managed Devices proceeds as planned, Verizon requires details of the analog line a minimum of 14 days prior to the installation of the Managed Devices.  Managed WAN OOB Access is in addition to any local area network OOB access. 

8.1        OOB Requirements.  Unless using Wireless OOB, otherwise directed by Verizon, or as otherwise provided herein, Customer must provide and install at its cost either a dedicated, directly connected analog telephone connection (i.e. not through Customer’s PBX) that is enabled for applicable domestic or international connections or indirect cable access for use by each Analog OOB modem for troubleshooting each circuit that is part of the Managed WAN Services Full or Managed WAN Services Physical service.  The analog telephone connection must maintain a minimum 9600 bits per second connection rate for any Customer Site level SLAs to apply.  Where Customer provides a PSTN line, Customer shall install an analog phone jack within 1.5 meters of each Managed Device location and will maintain OOB Access in good working condition at all times during the Service Commitment.  If OOB Access is disconnected or not operational, this will void any Managed WAN service commitment provided by Verizon.  The MRC or NRC does not include any rental or usage charges related to the Analog OOB and these charges are payable by Customer directly to the analog line provider.  Customer acknowledges that OOB Access shall not be used for any purpose other than for Managed Device OOB management by Verizon and Customer is responsible for all charges related to OOB Access that is not such OOB management.

8.2        Wireless OOB.  Where available, and at Verizon’s sole discretion, […] Customer may […] order a Wireless OOB from Verizon for approved Managed Devices.  Where Customer has provided the Wireless OOB equipment, Customer shall ensure that the Wireless OOB provided on the SIM card will be M2M ("Machine-to-Machine") data only (no voice) and CSD ("Carrier Service Data") and that the PIN code of the SIM card will be removed.  The MRC and NRC for Wireless OOB is separate from the MRC and NRC for Managed WAN.

 

8.3        Backup Wireless.  Where available, and at Verizon’s sole discretion, Verizon will provide backup support using the Customer’s Wireless OOB described above for both OOB and backup purposes.  Console access to Customer’s Managed Devices is available if Customer orders an external device and uses private wireless data services.  To obtain such console access, Customer must select the “WAN Backup” feature option described below if a separate Managed Device is used for both Backup Wireless and OOB.  Backup Wireless may require additional hardware to be purchased by Customer.

 

9.   Features and Options.  The following features and options are available under Managed WAN:

9.1        Changing Levels of Service.  Customer can request a change to the Managed WAN level (i.e.  Monitor and Notify, Physical, Full) for a Managed Device, a group of Managed Devices, or the Customer Network with a new Contract (via a Change Order). 

9.2        Optional Reporting.  Please Note:  Effective April 12, 2014, the terms set out here relating to WAN Analysis Reporting do not apply to contracts adding Managed WAN for the first time.  Customers contracting for Managed WAN on or after April 12, 2014 will contract separately for WAN Analysis Reporting.  In addition to Standard Reporting, Customer may order certain additional reporting capabilities.  Optional Reports are created per the default report schedule (e.g.  monthly reports are available for calendar month time periods).  Customer may request ad-hoc reporting on a different schedule from time to time at its additional cost.  Verizon will verify that the Customer Network is capable of providing the ordered Optional Reporting option prior to delivery of such option.  Any remediation required to provide Optional Reporting will be at Customer’s expense.

9.2.1     WAN Analysis Reporting.  WAN Analysis Reporting provides the following additional reporting functions using the same CPE as Standard Reporting.

9.2.1.1     Enhanced Traffic Management (“ETM”) Reporting.  WAN Analysis ETM Reporting provides three additional types of scheduled device reports:

9.2.1.1.1     CE Response Path Reports: Allows reports of information such as latency for up to ten response paths per Managed Device.

9.2.1.1.2     CE Quality of Service (“QoS”) Performance: Reports quality and performance of each differentiated services code point (i.e.  DSCP) class-of-service (“CoS”) on Managed Devices; and adds integrated QoS device support providing a consolidated view of all QoS on Managed Devices.  Reports available to be generated by Customer include: At-a-Glance (quick view), Top-N (network-wide analysis), and Trend (detailed statistical) reports with provider edge (“PE”) elements.

9.2.1.1.3     CE Network Protocol Performance: Allows Customer to define and monitor 20 Customer Network protocols and provides a report detailing the traffic volume for each of the selected protocols on the Customer Network.

9.2.1.2     Enhanced Traffic Management Select (“ETM Select”) Reporting.

9.2.1.2.1     WAN Analysis ETM Select Reporting includes all the features and reports of ETM Reporting in addition to near real-time end user CE performance exceptions and alarms through “Live Exceptions,” near real-time trending capabilities through “Live Trend,” and CE network status maps using “Live Status.”

9.2.1.2.2     Customers may access scheduled and on-demand reports designed to help Customer with capacity analysis and reporting on its network infrastructure.  Statistics provided include, but are not limited to, CE CPU, memory and Interface utilization, Interface errors, and QoS statistics by individual CoS queue.  For devices with Cisco IOS Customer can obtain reports on Cisco IP SLA response paths and recognized applications using Network Based Application Recognition (“NBAR”).  Customer is further able to project a visual representation of its network with performance exceptions and performance related faults.  Customer can also set up e-mail notification for its users to be notified by e-mail when certain exceptions occur on the network.

9.2.1.3     ETM Select with Netflow Reporting.  ETM Select reporting offers an optional configuration of traffic monitoring across an IP network known as “netflow.”  Netflow reports identify performance problems by viewing which applications and hosts are consuming the most bandwidth, measuring enterprise-wide WAN utilization and identifying the applications, hosts, and conversations consuming bandwidth.  In order to select the additional netflow reporting, Verizon requires Customer to activate this feature on one interface per CE device.  Verizon will be responsible for configuring Customer’s CE device with IP flow configuration, in order to receive netflow reports.  Standard CE configuration Charges will be applied to modify the CE to support netflow reporting.  Only CE devices with IP flow configuration will receive netflow reporting.  […] Customer must designate a netflow Customer Product Administrator (“NCPA”), together with relevant contact details including e-mail address.  The Customer NCPA will control who has access to the Customer’s netflow data.  Customer will be responsible for notifying Verizon of NCPA changes.

9.2.2     Threshold Proactive Performance Monitoring (“PPM”).  PPM provides analysis of Managed WAN performance against Verizon-predefined thresholds for standard performance.  Performance-related threshold alerts from the Customer Network result in automatic trouble ticket generation to Verizon.  No additional graphical reports are provided.

9.2.3     PE Statistics Reporting.  PE Statistics Reporting provides performance information from the PIP network.  PE Statistics Reporting data is polled nightly so data to the Customer Portal will be delayed approximately 24-48 hours.  PE Statistics Reporting also provides performance data between probes collocated with PE devices across the PIP network (PE – PE Response Path).  At-a-Glance, Top-N, and Trend reports are available on PE elements.

9.3        Third Party Transport Service.  Verizon monitors and manages Customer’s 3rd Party Transport circuit from its NOC and informs Customer of the existence of any outages or problems with the 3rd Party Transport circuit.  Subject to the clause below titled “Availability,” 3rd Party Transport is available to Customers with at least two managed Customer Sites on the Verizon Facilities.

9.3.1     Customer Obligations.  Customer must provide and pay for dedicated multiprotocol label switching (“MPLS”), Frame Relay, ATM, Internet, or private line connection through a 3rd Party Transport service provider (“3rd party provider”) (collectively, “Third Party Transport”) in order to enable Verizon to manage the Third Party Transport.  Customer is responsible for the installation of all transport (including but not limited to the telephone line access circuit for the dedicated access connection, i.e.  local access).  Customer shall ensure that the 3rd party provider executes an LOA to allow Verizon to manage the Customer Network.  Customer will cooperate with Verizon’s reasonable instructions and provide information as necessary for Verizon’s remote management and troubleshooting functionality, either in band or OOB.  Customer is responsible for all costs, expenses, fees, etc.  (collectively “costs”) related to 3rd party providers, including costs related to actions directed or recommended by Verizon, either directly to the 3rd party provider pursuant to the LOA or otherwise through Customer.

9.3.2     CPE and Management.  Customer can choose to provide its own WAN CPE for the Third Party Transport site or, for Mainland US sites, Verizon can provide CPE under a separate service attachment or agreement.  In either case, Customer will provide Verizon with such access to CPE and such assistance as Verizon reasonably requires to provide monitoring and/or management of Third Party Transport.  Except when provided by Verizon, Customer is responsible for the installation of the CPE.  If required, Customer will facilitate the execution of an LOA allowing Verizon to work with any third party CPE maintenance providers.  Customer is responsible for all costs related to third party maintenance providers, including costs related to actions directed or recommended by Verizon, either directly to the third party CPE maintenance provider pursuant to the LOA or otherwise through Customer.

9.3.3     Availability.  Third Party Transport Service is not available in all international locations.  At Customer’s request, Verizon will provide Customer with information on the international locations where Third Party Transport Service may be available. 

9.4        Managed Device Enhanced Features.  […]Verizon provides configuration, implementation, administration, monitoring, support, and reporting (if applicable) for the Managed Device features selected by Customer at install or from time to time as part of Managed WAN (at the Full level of service only).  Unless otherwise noted, the features are provided as an embedded operating service feature.  The selected feature is operational upon the Verizon NOC acceptance of the Managed Device feature for management.  Verizon will provide relevant software patches and upgrades as provided by the Managed Device manufacturer from time to time for installation during a scheduled maintenance period.  Managed Device features are available for an additional charge per month per Managed Device, and may only be available for certain Managed Devices as determined by Verizon or may require custom support from Verizon.  Certain Managed Device features may only be available for either Router Management or SD WAN Management.

9.4.1     Firewall Feature.  Firewall is a Managed Device based firewall service that establishes Verizon managed firewall policies on the Managed Device.  Verizon manages Customer-selectable “zones” (e.g.  external or untrusted, internal or trusted, DMZ), firewall policies, and firewall rule sets between all zones.

9.4.2     Content Filtering Feature.  Content Filtering is a Managed Device based service that allows Customer to control web-based content accessed by end users.  Content filtering feature is used with a Customer provided and managed Websense server or configured to select up to 25 URL filters (List-based Filtering), or both.  Verizon configures content filtering to interface with Customer’s Websense server based on information provided by Customer.  If List-based Filtering is used, it will be activated when (i) the connection to the Customer-managed Websense server fails, or (ii) Customer does not have a Websense server.  Customer may request modifications to URL filter list on the Managed Device via the Standard Change Management process.

9.4.3     Switching Feature.  This feature is only available as a LAN module on a Managed Device.  The LAN module provides for additional LAN ports (standard or with power over Ethernet, (“PoE”)).  Verizon monitors the LAN module generally, but not individual ports on the LAN module.  Customer may request modifications to LAN configurations via the Standard Change Management process.

9.4.4     Intrusion Prevention Feature.  Intrusion Prevention is a Managed Device based service that detects, alerts, and in some cases blocks attacks (intrusions) on the Customer Network.  Verizon configures standard intrusion prevention signature files provided by the Managed Device manufacturer.  All Managed Devices configured with the intrusion prevention feature will contain the same signature file.  The Intrusion Prevention signature file is configured with default actions for each signature to either: (i) block the attack and drop the traffic, (ii) block the attack and reset the connection, (iii) generate an alarm, or (iv) perform a combination of the above listed actions as determined by Verizon.  Upon request from Customer, alarms generated by the intrusion prevention feature can also be routed to Customer-owned syslog server(s).  Verizon uploads new signature files to the Managed Device as new signature files are released by the Managed Device manufacturer from time to time.

9.4.5     Encryption Feature.  This feature is available as a software feature on Managed Devices approved by Verizon.  Verizon will configure, implement, and support this feature to provide for additional Managed Device functionality.  The Managed Device will be configured to encrypt Customer data traffic between any or all Managed Devices.  The Managed Device to be configured will be supported on Verizon PIP only.  Customer acknowledges that at least two additional Managed Devices (with Managed WAN Full management level) will be required in the Customer Network to act as “key servers” for the purposes of maintaining encryption keys for all Managed Devices configured for encryption.  Customer agrees to pay the applicable charges for the included encryption feature for those Managed Devices.  Customer acknowledges that under certain circumstances encryption of the traffic can fail and prevent communication to and from that Managed Device; under those circumstances Customer must notify Verizon of the failure.

9.4.6     Managed WAN Support for Dynamic Bandwidth Feature.  The Verizon PIP dynamic bandwidth feature is supported in one of three ways depending on Customer’s Managed Devices and Managed WAN service level. 

9.4.6.1     Fully Automated Support.  Fully automated dynamic bandwidth support is available for the Full management level only.  When Customer places an order in the Verizon PIP dynamic bandwidth portal, changes to the PE router and CE router are automatically made by Verizon in near real time.  Limitations for fully automated support:

·         Multiple Verizon PIP circuits to the same CE router cannot be supported.

·         Multi-VRF (also known as VRF-Lite) cannot be supported.

9.4.6.2     Semi-automated Support.  Semi-automated dynamic bandwidth support is available for the Full management level only.  When Customer places an order in the Verizon PIP dynamic bandwidth portal, changes to the CE router are manually made by Verizon with concurrent changes to the PE router.  Verizon’s objective for completion of the CE changes is 72 hours from Customer’s placement of the order.  Limitations for semi-automated support:

·         Only one change per day per CE router is permitted.

·         Not more than 4 changes per month per CE router are permitted.

·         Not more than 5 changes per United States Business Day per Customer Network are permitted.

·         Changes can only be submitted Sunday 12:01 PM Eastern United States time through Friday 5:00 PM Eastern United States time.

·         The dynamic bandwidth schedule change feature is not available.

The Verizon PIP add or remove enhanced traffic management (“ETM”) feature is not available.

9.4.6.3     Support for Monitor and Notify and Physical Managed WAN Service Levels.  When Customer places an order in the Verizon PIP dynamic bandwidth portal, changes to the PE router are automatically made by Verizon in near real time.  Customer is responsible to make related changes to the CE router.

9.4.7     WAN Acceleration Feature.  This feature is available as a module on a Managed Device that provides for optimization of traffic using compression, caching protocol optimization.  This feature requires that other Customer Sites in the Customer Network must have compatible application optimization CPE.  Customer may request modifications to configurations via the Standard Change Management process.

9.4.8     Wireless LAN Controller Management Features.  This feature is available as a module that provides for Wireless LAN Controller management capabilities.  This feature requires that other customer sites in the Customer Network must have compatible access point CPE.  Customer may request modifications to WLAN configurations via the Standard Change Management process. 

9.4.9     VoIP Features including Voice Gateway and Multi-Service IP-to-IP Gateway.  These features are available as Managed Device modules that provides for VoIP gateway functionality.  Management of VoIP CPE Elements will be at the same level as the related Managed Device under Managed WAN Service.  Verizon will monitor and manage certain router-based VoIP functions (including voice gateway functions) pursuant to the Managed WAN Service CDD that includes Managed VoIP Services.  Verizon will not manage or monitor VoIP Service devices (e.g.  phones).  Customer may request modifications to VoIP configurations via the Standard Change Management process. 

9.4.10   Customer Responsibilities.  In addition to the responsibilities outlined as part of the Managed WAN product, Customer will do the following for VoIP Services:

9.4.11   Managed WAN Services.  Customer is responsible for requesting configuration of its Managed VoIP Services consistent with its preferences and confirming that Managed VoIP Services, including any optional features, is configured in accordance with Customer’s preferences after activation of the Managed VoIP Services.

9.4.12   VoIP Services.  Certain Customer roles and responsibilities for its Verizon VoIP Service may be  by Managed VoIP Services.  Verizon will work with Customer to address such effects.  Verizon will address effects to third party VoIP Service in a commercially reasonable manner.  Additionally, Customer must arrange for the purchase and installation of any PSTN lines for its Verizon or third party VoIP Service design. 

9.4.13   Feature Changes.  Making feature changes at the user or administrator level (e.g.  setting up call forwarding for a phone or establishing an auto-attendant) through the Verizon Enterprise Center web portal.

9.4.14   IP Phone and PBX Changes.  Making IP phone and IP PBX configuration changes (unless Customer is subscribed to Verizon Managed IP PBX Service as described in Customer’s agreement for such service).  Such changes are not provided pursuant to Managed VoIP Services.

9.4.15   Server Support.  Implementation and maintenance of a server (e.g., for Cisco, a TFTP [trivial file transfer protocol] server) for IP phone configuration support.

9.4.16   Application Aware Routing (“AAR”).  This feature is available on select Cisco […] devices and works only between Cisco devices. […]  AAR allows for a highly flexible utilization of all network capacity attached to a network site.  With AAR, Customer will establish policies that classify its traffic into categories to the granularity of applications, and define minimal requirements for loss, delay, and jitter per traffic class.  […] If network conditions change and Customer-established network traffic policies are violated, AAR dynamically rearranges how application traffic is distributed across the available traffic paths in the background […].

9.4.17   Deep Packet Inspection (DPI).  Selection of this feature adds a second Viptela license to the Viptela device, and allows the customer more granular control over the application flows by the use of DPI technology.

9.5        WAN Backup Feature.  For Customer Networks in Verizon-approved countries (the list of which can be obtained by Customer from its Verizon account team), Customer may select WAN backup such that failover is provided via alternate access in the event the primary […] circuit fails (“WAN Backup”).  WAN Backup is available for PIP and Internet primary transport.  Verizon will configure the Managed Device for backup based on the type of backup service available and selected by Customer from the following.  WAN Backup is available for an additional charge per month per Managed Device; Managed WAN must be at the Full Level of service. 

9.5.1     VPN Backup.  Verizon will configure the Managed Device with an IP SEC tunnel as the backup path over Verizon-provided Internet access, Verizon or Verizon partner DSL/cable Internet access, or Verizon provided dedicated Internet access.  Customer must purchase broadband access via a separate Contract.  The terms for that access as provided in that separate Contract will apply.  For Verizon-provided wireless access, Customer may obtain a wireless site survey ordered from and provided by Verizon.  Verizon will work to resolve issues related to the wireless access; however Customer has final responsibility to resolve any issues with wireless service that have an effect on Managed WAN.  Verizon must approve Customer Sites with wireless access in advance to determine appropriate wireless access CPE.  At Customer’s request, Verizon will provide Customer with information on the international locations where Third Party Transport Service may be available.

9.5.2     SG Backup.  Verizon will configure the Managed Device with an IP SEC tunnel as the backup path over Verizon-provided Internet access, Verizon or Verizon partner DSL/Cable Internet access, or Verizon-provided Internet Dedicated Service (access).  The IP SEC tunnel will connect to Customer’s Secure Gateway Universal Port, which Customer must purchase via a separate contract.  Customer must also purchase broadband access via a separate contract.  For Verizon-provided wireless access, Customer may also purchase a wireless site survey from Verizon.  Verizon will reasonably cooperate with Customer to resolve issues related to the wireless access; however, Customer has final responsibility to resolve any issues with wireless service that affect Managed WAN.  Verizon must approve Customer Sites with wireless access in advance to determine appropriate wireless access CPE.  At Customer’s request, Verizon will provide Customer with information on the international locations where Third Party Transport Service may be available.

9.5.3     Wireless Backup.  Verizon will configure the Managed Device to enable backup access via Verizon-provided wireless access, which must be purchased by Customer via a separate contract.  Customer may also purchase a wireless site survey from Verizon.  Verizon will reasonably cooperate with Customer to resolve issues related to the wireless access; however Customer has final responsibility to resolve any issues with wireless service that affect Managed WAN.  Verizon must approve Customer Sites with wireless access in advance to determine appropriate wireless access CPE.

9.6        Network Analysis Service.  Network Analysis is available for Customers with United States law contracts only.  Where available, the Network Analysis (“NA”) option provides additional analysis services as specified below.  NA is only available for Customer Networks with 20 or more Managed Devices.  Network Analysis Service is not available in Europe and some other international locations.  At Customer’s request, Verizon will provide Customer with information on the availability of international locations.

9.6.1     NA Service Provisioning.  Upon Customer’s order, Verizon will provide the NA network performance analysis service for the Customer Network NA provides analysis of performance trends within a Customer network in the form of a monthly report.  NA is provided by a single, shared NA resource on Business Days between the hours of 8AM-5PM (Eastern United States time) Monday through Friday.  Physical NA deliverables (e.g.  analysis reports) vary by Customer depending upon SNMP capabilities of the Managed Device and the level of Reporting service subscribed to.  Verizon’s target, based on Customer’s Network and implementation complexity, is to provide the first report 60-90 days from i) Customer’s Network being added to the reporting application or ii) Customer’s order for NA, whichever occurs later. 

9.6.1.1     NA Setup Schedule.  The typical implementation schedule for NA is:

9.6.1.1.1     Stage 1:

·         Verizon will allocate staff to provide NA for Customer.

·         Requirements briefings are held with Customer and the Verizon account team for Customer.

·         Verizon and Customer will meet to identify monthly deliverable data and expectations

·         Verizon conduct internal Verizon briefings with operations engineering organizations to determine what performance issues may be known about the Customer Network in order to make recommendations to Customer.

9.6.1.1.2     Stage 2:

·         If Customer requires, alias naming of the database elements is completed for reporting.

·         If Customer requires, implementation of grouping the database elements is completed for reporting.

·         Auditing of data collected to ensure accuracy.  Periodic monitoring of the data collected is provided.

9.6.1.1.3     Stage 3:

·         Verizon produces initial monthly network analysis report. 

9.6.1.1.4     Stage 4:

·         Verizon will continue to produce monthly reports.

9.6.2       NA Service Summary

·         Verizon will provide performance analysis for the previous month of usage/network performance for presentation to Customer each month.

·         Verizon will provide written and verbal report of an analysis of the Customer Network via conference call each month for the previous month that is based, in part on the performance reports and includes performance, utilization, and analysis of errors occurring in Managed WAN.

·         Verizon will notify Customer and other Verizon resources of Managed WAN performance anomalies (e.g.  latency, WAN link utilization issues, discard and error issues, and CPU utilization issues).

·         Verizon will assist the Verizon design engineers with architecture and capacity planning.

·         Verizon will provide quarterly written Customer Network performance reviews and conduct a conference call to discuss the review.

·         Verizon will provide reports in English.

9.6.3     Details of Service.  Customer may receive, at its option electronic performance and trending reports via the Customer Portal for the Customer Network (e.g., Adobe Acrobat .pdf files).

9.6.4     Ad-hoc Analysis.  Customer may contact Verizon to request ad-hoc analysis.  Ad-hoc analysis requests will be completed as time permits and may affect the completion of NA deliverables.  If more than three Customer-initiated ad-hoc report analysis requests occur in a given month, additional charges may apply, and Verizon may request that all NA contract deliverables be delayed for that month.

9.6.5     Monthly Report.  Customer will receive one report per month that contains up to 30 performance-affecting incidents within the Customer Network, identified by Customer’s selected reporting application.  Volume statistics for the Customer Network may also be included if requested by Customer.  The incidences may be for a single technology or multiple technologies such as, but not limited to, the Managed Device and its physical and virtual interfaces.  The monthly report is prepared and delivered as follows:

9.6.5.1     The NA monthly report is provided to the Verizon account team and applicable Verizon operation and engineering personnel for review prior to delivery.

9.6.5.2     Verizon issues with the Customer Network that are identified are referred to the appropriate Verizon organization for resolution.

9.6.5.3     The account team delivers the report to Customer.

9.6.5.4     The account team will schedule a telephone conference with Customer to present and review the performance reporting.

9.6.6     Monthly Performance Report Customization.  Customer may request that the NA report be customized as provided in this section.  Other requests for report customization will be considered on a case-by-case basis and must be approved by Verizon and are subject to additional charges based on Customer’s requirements.  NA reporting may be customized as follows:

9.6.6.1     Managed Device Alias.  Default names for Managed Devices may be aliased to provide for clarity in Customer’s selected reporting application.

9.6.6.2     Customer may select one of the following grouping options:

9.6.6.3     Customer business unit grouping.  The Customer Network may be segmented, for reporting purposes, into logical sections.  The sections will be contained in a single report deliverable with a single conference call schedule.

9.6.6.4     Customer regional unit grouping.  Like business unit grouping, the Customer Network may be segmented geographically (e.g.,  domestic or international, east or west coast).  The sections will be contained in a single report deliverable with a single conference call schedule.

9.6.7     Quarterly Review.  Verizon will review the previous quarter’s reporting with Customer via conference call, typically during monthly review.  Customer may request face to face quarterly review meetings however such meetings will be at Verizon’s discretion and at Customer’s expense.

9.6.8     Out-Of-Scope Services.  Customer requested additional or expanded functions and scope beyond those listed in NA (above) will be addressed by Verizon on an individual case basis.

9.7        Network Engineering Service.  Where available, the Network Engineering (“NE”) option provides additional reporting and analysis services as specified below.  NE is only available for Customer Networks with 20 or more Managed Devices under the Managed WAN Full Management level.  NE is not available in Europe and some other international locations.  At Customer’s request, Verizon will provide Customer with information on the international locations

9.7.1     NE Service Provisioning.  Upon Customer’s order, Verizon will provide ongoing NE activities described below for the Customer Network.  NE is provided by shared NE resources that provide ongoing planning and engineering activities to the Customer Network.  Verizon will execute follow-up recommendations, at Customer’s request and expense, related to key areas of Customer Network operation.  NE is only available during Business Days between the hours of 8AM-5PM (local time) Monday through Friday.  Physical Customer Network changes requested by Customer and performed by Verizon (e.g.  OCM changes) will result in related charges to Customer.  NE charges only cover the required engineering services defined below.  Verizon reserves the right to charge, at Verizon’s then current labor hourly rate, for NE service that exceeds 0.25 full time equivalent (“FTE”) hours for every 75 Managed Devices (e.g.  2 FTE hours per Business Day for every 75 Managed Devices).  The NE provides the following functions:

9.7.1.1     Design Planning.

·         Verizon reviews the Customer Network reports based on Customer’s selected reporting application.  Based on this review, Verizon will review with Customer certain information, for example i) the performance of the Customer Network, ii) recommended scalability options, iii) logical addressing, iv) redundancy, and v) logical and physical capacity of the Customer Network.

·         Verizon will review Verizon performance reports provided as part of Customer’s Managed WAN and make design or configuration recommendations that may be performed by Verizon at Customer’s expense.

·         Strategic Planning and Design.

·         Verizon will be a technical advisor to Customer for the Customer Network and Customer will request any changes to the Customer Network via OCM.

·         Upon Customer’s request, Verizon will assess the current Managed Devices and evaluate the benefit and compatibility of new software or hardware releases consistent with Customer’s current architecture.

·         Verizon will plan and recommend end-of-life remediation for Managed Devices.

·         As part of Change Management activities, Verizon will review Customer Network design architecture against Customer’s on-going network requirements.

·         Verizon will evaluate new technology changes and recommend technology upgrades for Managed Devices.  Recommendations and evaluations are limited to features and services Customer requires.  Any additional or changed hardware or software recommended are at an additional cost.

9.7.1.2     Support Services.  NE provides additional support by coordinating with Verizon internal resources.

·         Verizon will work on issues for Managed Devices related to operating system vulnerability checks, including operating system upgrades to eliminate known vulnerabilities.

·         Verizon will provide engineering and technical support for the Managed Devices for problem resolution of design related issues identified by Verizon engineers or Managed Device vendor's technical support.

9.7.1.3     Network Documentation Maintenance.  Verizon will update the data network as-built documentation and CDD consistent with major in-scope adds/moves/changes to the Customer Network.  Customer Network diagrams can be provided by Verizon for an additional charge. 

9.7.1.4     Network Change Management Support.

·         Verizon will attend Customer Change Management technical meetings via conference call.

·         Verizon will design and implement changes on Managed Devices based on Customer request and requirements and recommends design changes to correct a Customer Network fault or problem.  Such changes will be at Customer’s cost.

·         Verizon will work with Customer to define requirements, design, document, and work with Verizon operations to implement changes on Managed Devices only.  Verizon operations perform the Change Management activities and NE performs billable OCM and design-impacting Managed Device changes.

·         The number of changes supported annually includes up to one half logical OCM change per Managed Device (e.g., a fifty-device network assumes twenty-five logical changes per year are supported).  Additional changes can be supported for an additional OCM cost.

9.7.2     Out-Of-Scope Services.  Additional or expanded functions and scope beyond NE services may be addressed as a custom service or by other Verizon services.  Out-of-scope functions include, but are not limited to:

9.7.2.1     Support for Managed Devices with more than a single routing table per device such as multi-VRF (virtual routing and forwarding) configured routers.

9.7.2.2     Support for modules in a Managed Device such as:

·         Advanced Integration and Security Modules

·         Application Content or Acceleration

·         Applications such as IP Call Center Express

·         Content delivery

·         Content Engine

·         Dial-up or Remote access

·         Encryption

·         Firewall

·         Intrusion Detection Sensors (“IDS”)

·         Internetwork Operation System (“IOS”) or Operating System (“OS”) upgrades

·         Network Analysis and Monitoring

·         Voice and voice capabilities, including Voice cards

·         Voice Mail

·         Wireless LAN

·         Individual reporting or analysis of every managed network element or Managed Device

·         Support for greater than five OCM changes per week.

10.  Customer Responsibilities.  In addition to Customer responsibilities described above, Customer is responsible for the following:

10.1      Information and Access Requests.  Upon request, Customer must provide information to Verizon, its subcontractors or its designated point of contact (“Verizon or its Designees”) that is reasonably necessary or useful for Verizon to perform its obligations.  In addition, upon request Customer will provide Verizon or its Designees with access to Customer facilities, installation sites, and equipment as reasonably necessary or useful for Verizon to perform its obligations hereunder.

10.2      Colocation.  To the extent a Managed Device is co-located within a Verizon Facility, Customer will, by ordering Managed WAN, automatically authorize full access by Verizon or its Designees to the cabinet and the Managed Device.  This authorization will remain in effect for the duration of Verizon’s provision of Managed WAN.  Failure of Customer to permit such access at any time during the duration of Verizon’s provision of Managed WAN will discharge Verizon from its obligations under Managed WAN.

10.3      Building Space.  Customer must provide adequate building space, circuitry, facility wiring, temperature, humidity, and power to comply with the standards established by the manufacturer of the CPE for proper installation and operation of the Managed Devices.  Customer shall, at its own expense, take all reasonable physical and information systems security measures necessary to protect all equipment, software, data and systems located on the Customer Site or otherwise in Customer’s control and used in connection with Managed WAN, whether owned by Customer, Verizon, or its Designees.

10.4      IP Addresses.  Verizon reserves the right to use secondary IP addressing if Customer is using unregistered IP address space.  If Customer will not allow secondary IP addressing, Customer must pay reasonable costs for a dedicated management domain or an IP proxy hardware solution.  Additionally, Verizon reserves the right to use border gateway protocol (“BGP”) routing used to access and monitor the Customer Network.

10.5      Supported CPE.  Only Verizon certified devices are supported under Managed WAN and must have an approved Verizon configuration as outlined in Customer’s SOR.

10.6      Customer Owned CPE.  If Customer already owns the CPE to be managed, Verizon reserves the right to require an upgrade to the CPE to meet the standards of Verizon to provide Managed WAN.

10.7      CPE Supply.  Customer shall be responsible for movement of the CPE from the receiving area to the final staging location at the Customer Site.  Unless otherwise specified in the Contract, Customer shall be responsible for obtaining, installing, inter-connecting, and maintaining all equipment, software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the CPE and/or the Customer Network or otherwise for use in conjunction with Managed WAN. 

10.8      Software License Obligations – WAN Analysis Reporting.  Customer shall comply with all obligations set forth in any end user software licenses for software provided by Verizon.  Customer acknowledges that it is not relying on any representations or warranties made by a manufacturer except for those warranties expressly made in a software End User License Agreement (“EULA”) (if applicable to Customer).  . 

10.9      Customer Notifications.  Customer shall report detected service failures and provide information to the Verizon Customer Service Center. 

10.10    Back Up.  Customer is responsible for the adequacy of any duplication or documentation for its electronic files at all times.  Neither Verizon nor its designees are responsible or liable for Customer’s failure to duplicate or document files or for data or files lost during the performance of Managed WAN.

10.11    Physical Verification of Managed Devices.  Upon Verizon’s request, Customer will reboot the Managed Devices, provide the LED light statuses of the third party telecommunications provider Network Terminating Unit (“Telco NTU”) where applicable, verify equipment power, verify if all cables are securely connected, and insert a loopback plug. 

10.12    Customer Initiated Site Maintenance.  Customer shall notify Verizon via a Customer Maintenance Change Management Request of any maintenance (powering down the site/managed device/Telco NTU, resetting equipment, re-cabling, physical equipment move) that may affect the operating status of the managed devices

10.13    Disconnection of PSTN and Wireless OOB.  Upon termination of the Managed WAN Service for whatever reason, it is the Customer’s responsibility to disconnect the PSTN lines or GSM/ GPRS services at Customer Sites where Customer has provisioned the PSTN lines or GSM/ GPRS services for OOB Access, as applicable.

11.  Reports.  All copies of any reports, recommendations, documentation, Customer Portal printouts, or other materials in any media form provided to Customer by Verizon is treated as Verizon Confidential Information.  Customer Confidential Information, if embedded in the above, shall continue to be treated as Customer Confidential Information.

 

Part III: Service Terms and Conditions 

 

1.   Services Disclaimer.  Verizon makes no warrantees, guarantees, or representations, express, or implied that i) Managed WAN will protect the Customer Network from intrusions, viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or destructive programming routines; ii) any security threats and vulnerabilities will be prevented or detected; or, iii) the performance by Verizon of Managed WAN will render Customer’s systems invulnerable to security breaches. 

2.   Network Discovery.  Customer is responsible for providing Verizon with accurate information about proper scope of the Network Discovery, represents that it has all necessary authority to have Verizon undertake the Network Discovery requested under these terms, and will indemnify Verizon and its employees, affiliates and agents against any liability if it does not.  Network Discovery is not guaranteed to be comprehensive or error-free.  Network Discovery is not part of the actual Managed WAN Service provided to and paid by the Customer to Verizon but is provided as a convenience to the Customer.

2.1        Verizon reserves the right to stop or withhold from performing Network Discovery, at its sole discretion including in order to protect Verizon’s or Customer’s personnel, agents, property, facilities, or services.  Customer’s sole remedy for any failure, inadequacy or other problem of Network Discovery is to request that Verizon re-perform it. 

2.2        TO THE FULL EXTENT PERMITTED BY LAW, VERIZON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING NETWORK DISCOVERY.

3.   NE and NA Services Disclaimer.  Notwithstanding any Verizon recommendation, referral or introduction in connection with NE and/or NA (collectively “Recommendations”), Customer is responsible to independently investigate and test Recommendations including, without limitation, Recommendations related to Verizon or third-party products and services.  Customer will have sole responsibility for determining suitability for use of any Recommendations.  Subject to the Exclusions clause of the Master Terms, Verizon has no liability with respect to claims related to or arising from Recommendations including the use of third-party products and services.

4.   ETM Select with Netflow Processing of Data. 

4.1        Customer acknowledges that Verizon and agents will, by virtue of providing ETM Select with netflow, come into possession of Customer Data.  For the purposes of this Section, Customer Data will include identifying, traffic, usage, billing, or other data containing personal and/or private information of Customer’s customers or authorized end users of ETM Select with netflow.

4.2        By contracting for the provision of ETM Select, Customer acknowledges that any processing of Customer Data occurs exclusively at the direction and discretion of Customer, such direction and discretion exercised by entry into these terms for receipt of ETM Select.  Further details regarding such processing may be agreed between the Parties.

4.3        Customer warrants that it has obtained and will obtain all legally required consents and permissions from relevant parties (including data subjects) for the use, processing and transfer of Customer Data as described in this Section, and will use ETM Select with netflow and Customer Data only as permitted under applicable law.

4.4        Customer will indemnify Verizon, its Verizon Affiliates (and/or agents, respectively) against any claims of third parties arising out of Customer not acting in accordance with clause 4.3 above.

4.5        Nothing in this Section is intended to restrict the rights and obligations of Verizon and Customer in respect of Customer Data as defined and as set out elsewhere in these terms or the Contract.

5.   Restriction on Encryption Functionality in India

5.1        Monitoring.  Customer understands that the Government of India monitors telecommunications traffic terminating into and originating from India for national security reasons.

5.2        Encryption.  In accordance with i) Verizon’s operating license in India and ii) the statutory guidelines which govern the provision of the service by Verizon in India, Customer is not allowed to employ more than the then current prescribed/approved level of encryption on any CPE or other equipment which is directly or indirectly connected to the Verizon network in India.  Customer agrees that it will not, and will ensure that any entity which it has responsibility for, operates under its control or at its instruction will not, employ more than the then current prescribed/approved level of encryption on any CPE or other equipment which is directly or indirectly connected to the Verizon network in India unless the requirements of the Approvals clause below are satisfied.  Verizon will advise Customer of the then current prescribed/approved level of encryption on request. 

5.3        Approvals.  If Customer has specific requirements that require the employment of encryption on CPE or other equipment to be connected directly or indirectly to the Verizon network in India beyond the then current prescribed/approved levels of encryption, Customer must seek prior evaluation by and obtain prior approval of the Indian Department of Telecommunications or other Indian governmental authority or officer specially designated for the purpose and Customer is solely responsible for obtaining such approval.  Upon receiving the required approvals Customer shall provide a copy of such approvals to Verizon prior to connecting the CPE or other equipment employing the encryption to the Verizon network.

5.4.       Indemnity.  Customer hereby indemnifies and holds harmless Verizon, from and against any claims, suits, judgments, settlements, losses, damages, expenses (including reasonable attorneys’ fees and expenses), and costs (including allocable costs of in-house counsel) asserted against or incurred by Verizon arising out of a failure by Customer to comply with the restrictions described in this clause or as otherwise imposed by the licenses or statutory guidelines from time to time.

6.   Inconsistencies.  With respect to Managed WAN provisions explicitly applicable only to specific countries or regions, in case of any inconsistency between those provisions and the provisions of these terms that apply to all locations, the applicable country or region-specific provision(s) will take precedence, prevail and apply.

7.   ISDN Lines.  With respect to the required dedicated ISDN lines, Customer is responsible Verizon for any call charges incurred for purposes other than back up during a Managed WAN outage.  With respect to lines required under that section for OOB management, Customer is responsible for any call charges incurred for purposes other than OOB management by Verizon.

 

Part IV: Service Level Agreement (“SLA”) 

 

1.     The […]SLA for […] Managed WAN may be found at the following URLs:

·               please click Managed WAN Service Level Agreement  for U.S. Services.

·               please click Managed WAN Service Level Agreement  for non-U.S. Services

2.     The […]SLA for […] WAN Analysis may be found at the following URLs:

·               please click  WAN Analysis Reporting Service Level Agreement  for U.S. Services

·               please click  WAN Analysis Reporting Service Level Agreement  for non-U.S. Services

 

Part V:  Definitions. 

 

The following definitions apply to Managed WAN in addition to any other definitions that are available in the Contract or these terms:

1.   After Hours:  Outside of Business Hours.

2.   Business Hours:  The hours between 9.00am and 5.00pm on a Business Day in the time zone of Customer’s premises.

3.   Customer Network: A collection of Managed Devices and the network they are connected to.

4.   Dispatch:  A Customer service request that results in Verizon going on to, or attempting to go on to, a Customer Site.

5.   Expedite:  A Contract that is processed, at the request of the Customer, with the objective of installing or changing the service in a time period shorter than the Verizon's standard installation time period for that service, whether or not the installation or change is completed in that time period. 

6.   ISDN Dial Backup (“DBU”): DBU is a dial-around to the cloud service that offers up to 2048k ISDN backup for secondary access to the Customer Network in the event of a primary failure.

7.   Managed Device: Items of CPE that have been designated as supported by Managed WAN.

8.   Management Information Base (“MIB”): A database of information stored by SNMP-compliant CPE.

9.   Permanent Virtual Circuit (“PVC”): A logical Customer-dedicated communications path defined between two port connections.

10.  SNMP:  A SNMP community string is a password that allows access to CPE MIB statistics.