Product Terms and Conditions & Service Level Agreements

 

These terms and conditions, in addition to providing information about XO’s products, serve as the foundation for certain agreements between XO and its customers.

An agreement, in its entirety, consists of the terms and conditions in a Service Order Agreement ("SOA"), Master Service Order Agreement ("MSOA") or Carrier Master Service Order Agreement ("CMSOA"), applicable Supplemental Product Terms and Conditions; applicable General Terms and Conditions, XO's Acceptable Use Policy ("AUP"), if applicable, and any applicable tariffs.

By signing a SOA, MSOA or CMSOA, a Customer will be bound by the terms thereof, including all applicable incorporated terms and conditions.

Changes of these website terms and conditions will become effective and binding on customers no earlier than fifteen (15) calendar days from the date they are posted on this website unless the changes are non-material in nature or constitute additions to the website. Any material changes, including additions, made to existing text will be shown in BOLDFACE font, except that text removal will be shown by the use of "brackets" ("").“These changes will remain as shown until the next modification is made, at which time any previously highlighted text will be returned to regular font.

References throughout these website documents to “Carrier Services,” whether used in either noun or adjective form, shall mean “Wholesale Services.” If both “Carrier Services” and “Wholesale Services” exist at the same time in the website documents, they shall mean the same as there is no intent to create any distinction in their use.

 

General Terms and Conditions

 

XO Cloud Solutions Terms and Conditions

Supplemental Product Terms and Conditions

These Supplemental Product Terms and Conditions, including Additional Definitions, Miscellaneous Charges, Product Rates and Charges, and Service Level Agreements (“SLA’s”), if applicable, supplement the General Terms and Conditions applicable to the various listed products offered within the operating territory of XO Communications Services, LLC, and its controlled affiliates.

Anything expressed or implied in any contractual document to the contrary notwithstanding, the Company, on not less than twenty-five (25) days’ prior notice, may increase the Monthly Recurring Charges (“MRC”) for its products in amounts not to exceed five percent (5%) during a calendar year. Any such MRC rate increase(s) shall not be deemed to be “material and adverse.” If the sum of all percentage rate increase(s) imposed during a calendar year exceeds five percent (5%) of the MRC in effect on January 1 of a given year, the increase(s) exceeding five percent (5%) (and any additional increases imposed during the same calendar year) shall be deemed to be "material and adverse." Calculations performed to determine percentage increases shall be made without reference or regard to the impact of the increases on a Customer’s costs. Tariffed services and Miscellaneous Charges are neither subject to these limitations nor included in any calculation to measure the effects of any increase(s). Implementation of these increases in all instances is subject to billing system limitations. Products subject to these increases will be identified in bill messages or other permissible communications delivered to Customers prior to their receipt of invoices containing any such rate increase(s).

XO’s Services will evolve over time and consequently XO or any of its Affiliates may introduce new Services to replace existing Services or cease to offer new instances of a Service in whole or in part (referred to here as grandfathering).  Accordingly, XO may terminate Services upon not less than six (6) months’ written notice in the event that it generally decommissions any Services (that is, ceases to provide such Services on a commercial basis to its customers).  XO may grandfather a Service (or any part thereof) at any time. Where available, XO will advise Customer of any alternative service offerings that have comparable technical characteristics.