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HomeMy WebLinkAboutNorlight Internet Service Agreement~ ~ ~ s Q-Link Plug Agreement (Form SA) Customer Name City of Jeffersonville Sub !D 1128772 Payment Type Invoice Delivery Ph sisal Address 500 Quartermaster Ct. Type QL+ RENEW ^ACH ^ Electronic: free w/ACH/CC/ePay City Jeffersonville State IN Zip 47130 ^ Credit Card ^ Mail: $2.95/month Billing Address 500 Quartermaster Ct. ^ Cash/Check City Jeffersonville State IN Zip 47130 Account Set Up County Clark BTN 812-285-ti418 Contact Name Roger Hardy Contact Phone 502-551-5225 Fax ^~ single accoun ^ multiple account If Multiple Account, This Account Is: ^ Parent Child-Billable Child-NonBillable Tech Contact Name Roger Hardy Phone 502-551-5225 If this Account is child, list parent acct No or Tech Contact Email chard Cit ofJeff.net parent account connection number Owner's Name no child account # Federal ID Number D&B/SS # Tax Exempt: ^ Federal ^ State incl certificate Long Distance Contract Long Distance Rates Long Distance Bundles Service Term MRC IntraLATA Intrastate Interstate Bundle Type MRC Non-Bundles Rate One Plus - 96, 4D Toll Free - 96, 46, 4C '' ; ~ ~ °` Dedicated LD Rate r t ~ ' fj~ ~ r w _- MMUC # of Minutes Cost ~ , ~ ~ ~ ~,~i~ r .~ NMC - 4F Morlighf n4eeting Center use form 4F to list details Local Telephone Service Contact Term Non-Recurring Recurring ^ Q-Link - 96 Qty Lines ` ;>. ~ ~ `~ ,~ ~~, ^MyFax - 9B Q MyFax Lite &MyFax Unlimited ^~ Q-Link Plus: ^ PRI. ^ T-1 Bonded Dedicated LD T1s 0 Q Loops Qt Trunks Static T1s 2 36 Month $0.00 $520.00 add 200 LD minutes , ^ add 1000 LD minutes PRIs 0 Qty DID Blocks KY Re Tonal Calling ~~"~ ^ Additional Listings - G-Dir Number of Directo Listin s Internet Contact Term Non-Recurrin Recurring Q Intemet Access ^ POTS ~ Tl DS3 ^DSL ^ Metro E Bandwith 3072k 36 Month $0.00 Power DSL - 7D ^ New Service ^ Convert Existing Web Hostin NPS - 76 ^ Pro ramming Develo ment (NPS) - 78 CleanMail - 76 is re uired Contact Term Non-Recurrin Recurring Filtering Qty 0 Voice Mail Contact Term Non-Recurrin Recurrin Voicemail - 9D Q Boxes: Main/Sub Private Lines Contact Term Non-Recurring Recurring P2P - SP ^ MPLS - 8P Bandwidth Q Equipment Per Unit Contract Term Non-Recurring Recurring 1 Basic Managed Router $ - 36 Month $0.00 Standard Mngd Router BP/ SR Mark D. Pinto BiIlPlex ID 9241 Sales En ineer Dana Hall Who Completed Document? ~ SR ^ BP ^ SE ACitIVC:Y ACiKttMtN I : customer hereby appoints Noriight, Inc. as agent in all matters relating to Customer's long distance and/or local service service to the extent those services are selected by Customer as indicated above. Norlight, Inc. is authorized to contact Customer's local telephone company to activate this service immediately. Customer understands that it may designate only one interLATA long distance carrier per telephone line and one intraLATA long distance carrier per phone line. Customer agree to pay all charges incurred on this account, including Internet access, local, long distance, toll free and calling card calls, taxes, tax-like charges, other surcharges, all FCC imposed or authorized charges and charges for access and access related charges. Customer is authorized to execute this agreement and acknowledges by signature that Customer has read, understands and agrees with all the terms and conditions contained within this Agreement. Customer agrees to the terms and conditions contained on the reverse side of this Agreement, as well as Norlight, Inc. tariffs which may be modified by Norlight, Inc. from time to time and thereby affect the services furnished to Customer. In the event of a conflict, the terms and conditions of any existing or new regulatory requirement supersede the terms of this Agreement. Customer understands that Norlight, Inc. may use acredit-reporting agency to investigate Customer's credit history, and by signing below, consents to the same. Customer Name (Printed) /\ ~ ~~~ ~~21~~ Title of Signer i/LECrd/L .~ Norlight Inc. Date Updated: 12/19/08 8A and 8B Adjusted Required by: Sales Page 1 of 4 8A and 8S Adjusted Noriight Inc. Required by: Sales Page 2 of 4 Updated: 12/49/08 Qlink+ Terms and Conditions 1. Payment and Billing. 1a. Customer is responsible for payment of all charges for services furnished pursuant to this agreement. 1b. Monthly charges are due and payable by Customer upon receipt of Norlight, Inc. invoice. ACH customers will be debited 15 days following the mailing or emailing of an invoice. Credit Card customers will be charged within 24 hours following the mailing or emailing of an invoice. Payment must be made to Norlight, Inc. at the address set forth on the invoice. Any disputes must be communicated to Norlight, Inc. in writing within fifteen (15) days of receipt of Norlight, Inc. invoice and submitted with full payment of all undisputed charges. If Norlight, Inc. determines that it properly imposed the disputed charges, it will re-bill the charges on the billing cycle following its determination. 1 c. A late payment charge of .05% per day (.1 % per day in Indiana), not to exceed the highest rate allowed by law, will be charged on any amount not paid within twenty-one (21) days of the invoice date. 1d. Taxes, tax-like charges and other local, state or federally charged, imposed or authorized fees, charges and surcharges are not built into Norlight, Inc. rates, and therefore, will be included on Customer's invoice. Customer agrees to pay all such amounts. 1e. Norlight, Inc. reserves the right to require a security deposit at any time, to secure payment of Customer's charges, which deposit will be returned to Customer in full within thirty (30) days of the termination of this Agreement, subject to Customer making full and final payment for all charges incurred hereunder. 1f. A $25.00 service charge will be added to all returned checks and all items submitted for direct payment (ACH) for which there is insufficient funds. 1g. If Customer fails to pay all amounts due, including termination fees under paragraph 5, Customer will, in addition to all other payments due, pay all costs associated with the collection of past due amounts, including court costs, service fees, collection agency fees and attorney fees, including appeals. 2. Enforceability. This Agreement is not valid and enforceable unless accepted and approved by Norlight, Inc. 3. Term. The term of this Master Agreement shall commence on the Effective Date and shall remain in full force and effect through the term of any and all Service Orders hereunder. Each Service Order shall have its own initial term commencing on the date of installation and shall automatically renew from year to year under the same terms and conditions as stated herein, unless either party gives the other party written notice of termination at least sixty (60) day prior to the expiration of the then current term. 4. Termination by CCC. Notwithstanding anything to the contrary contained in this Master Agreement, Norlight, Inc. may discontinue Services or terminate any Service Order for any of the following reasons with thirty (30) days notice: (i) Customer fails to pay any invoice within twenty-one (21) days from the due date of such invoice, provided Norlight, Inc. gives Customer written notice at the last address shown on Norlight, Inc. records, and an opportunity to cure the payment default within ten (10) business days of the postmark of such notice; (ii) Customer furnishes false or misleading customer information; (iii) Customer fails, in Norlight, Inc. sole discretion, to maintain satisfactory credit qualifications; or (iv) Regulatory, governmental or vendor actions adversely affect the cost of providing Service. 5. Termination by Customer. Customer may terminate any Service Order if Norlight, Inc. is in material breach of any material term and fails to cure such material breach within seven (7) business days of receipt of written notice thereof from Customer. If Customer terminates this Agreement prior to its expiration, other than as a result of Norlight, Inc. material breach, or if Norlight, Inc. must terminate this Agreement for Customer's breach (including nonpayment), Customer agrees to pay Norlight, Inc. liquidated damages as a reasonable estimate of Norlight, Inc. loss, and not as a penalty, an early termination charge equal to sixty percent (60%) of Customer's average total historical monthly charges multiplied by the number of months remaining in the term. 6. Service Order Terminations/Installation Delays. Customer acknowledges and agrees that if Customer cancels any Service Order hereunder prior to installation of Services by Norlight, Inc. and Norlight, Inc. has incurred any costs in installing the Services or in preparing to install the Services that it otherwise would not have incurred, a charge equal to the costs Norlight, Inc. has incurred shall apply and Customer agrees to pay Norlight, Inc. for those charges. Customer also acknowledges and agrees that if Customer causes an installation delay of any of its Services that lasts longer than thirty (30) days past the Customer's original installation date and Norlight, Inc. has incurred charges from its vendors, Customer shall pay all applicable monthly recurring charges for all Customer's Services as if all Services were installed on the original installation date. Additionally, in the event installation delays occur for any reason Norlight, Inc. shall not be responsible for charges imposed upon Customer by Customer's previous service provider(s) and/or the difference between such charges and the charges that Norlight, Inc. would have imposed pursuant to this Master Agreement. 7. CLEC-native Telephone Numbers ("CTN"). CTNs pose potential calling problems for which Norlight, Inc. has no cure. Norlight, Inc. will notify Customer if it determines that the number ported to customer is a CTN. Upon notification, Customer shall have three (3) business days to terminate the relevant Service Order without incurring liquidated damages pursuant to paragraph 5. To the extent Customer does not terminate within three (3) business days of notice of CTN, the Satisfaction Guarantee shall become null and void. 8. Partial Cancellations. Because Norlight, Inc. prices are conditioned on Customer's continuing subscription to the Services and quantities of Services contained in the Service Order, to the extent Customer cancels any Services or reduces the quantities of Services contained in the Service Order, Customer may automatically revert to higher pricing plans and promotional offers associated with the Customer's new set of Services and the liquidated damages described in paragraph 5 above may also apply. 8A and 8B Adjusted Norlight Inc. Required by: Sales Page 3 of 4 Updated: 12/19/08 9. Service Outages. Customer acknowledges and understands that if there is a service outage for ANY reason, such outage will prevent the use of ALL Services, including but not limited to 911 emergency dialing. Such outages may occur for a variety of reasons out of Norlight, Inc. control. Customer will not be relieved of any duty to pay in accordance with the terms of this Master Agreement in the event of a power disruption or failure, and subsequent loss of Service. All other outages are subject to outage credits set forth in the relevant tariff 10. Limitation of Liability. NORLIGHT, INC. MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NONINFRINGEMENT, QUALITY, MERCHANTABILITY, OR FITNESS FORA PARTICULAR PURPOSE. CUSTOMER AGREES THAT DAMAGES ARISING HEREUNDER ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES, AND NORLIGHT, INC. IS NOT LIABLE TO CUSTOMER UNDER ANY CIRCUMSTANCES FOR ANY OTHER KIND OF DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES. 11. Adjustments. During the term of this Agreement Norlight, Inc. may, for regulatory reasons which adversely affect the cost of providing service, increase the rates charged to Customer, delete or modify services provided hereunder, or pass through to Customer all or a portion of any charge or surcharge directly or indirectly related to such regulatory activity. If a rate increase is instituted by Norlight, Inc. for other than regulatory reasons, Customer may terminate without penalty by providing Norlight, Inc. with written notice of termination within thirty (30) days after receipt of notice of the rate increase. Any services added by Customer during the term of this Agreement will be incorporated into this Agreement and become subject to these Terms and Conditions. 12. Minimum Monthly Commitment. Customer agrees to the Minimum Monthly Commitment indicated on any Service Order to the extent applicable. Customer commits that the number of minutes it incurs during each monthly billing cycle will equal or exceed the amount of the commitment. If Customer fails to meet the minimum commitment in any month, Customer agrees to pay a charge equal to the difference in the number of minutes in this commitment and the number of minutes actually incurred multiplied by the per minute rate indicated ("Shortfall Charge"). 13. General. This Master Agreement along with alt Service Orders and other attachments hereunder (if applicable), represents the entire understanding and agreement between the parties and supersedes all prior agreements, whether written or oral. No change, alteration or amendment of any term or condition of this Agreement is authorized or effective unless approved in writing by a Norlight, Inc. officer. This Agreement is a legally binding contract between Norlight, Inc. and Customer which binds and inures to the benefit of their respective principals, successors and assigns. A waiver of any charge or liquidated damage on any Service Order hereunder shall not constitute a waiver of the right to collect any future charge or damage amount. 14. Satisfaction Guarantee. If there is a material failure by Norlight, Inc. in the provisioning of the Service pursuant to any Service Order hereunder within sixty (60) days from the date service is first installed, and Norlight, Inc. fails to cure the material breach within fifteen (15) days of receipt of written notice from Customer, Customer may terminate the Service Order without incurring liquidated damages pursuant to paragraph 5 above. 15. Notice. All notice required under this agreement shall be sent via first class mail or express carrier addressed to Norlight, Inc. Attn: Account Management, 5020 Smythe Drive, Evansville, IN 47715 with a copy to Norlight, Inc., Attn: General Counsel, 3701 Communications Way, Evansville, IN 47715. Customer notices shall be delivered to Customer at the address given above. 16. Tariffs. Depending upon Customer's choice of Services, Customer may receive telecommunication services provided pursuant to Norlight, Inc. tariffs on file with the relevant regulatory body. To the extent this Master Agreement and any Service Orders hereunder conflict with terms of any relevant tariff, the tariff shall govern. Norlight, Inc. may modify its tariffs from time to time in accordance with the law. These modifications may affect services(s) furnished to Customer. 8A and 86 Adjusted Norlight Inc. Required by: Sales Page 4 of 4 Updated:. 12/19/08 N Q R L I G H T I NC. Q-Link Plus Statement of Work (Form 8-SOW) Customer Name City of Jeffersonville 'Address 500 Quartermaster Ct. Jeffersonville, IN 47130 General Information Yes D No Will the Bell Dmarc need to be extended? (Norlight will extend up to 100' for free Old Bell Dmarc identifier If there is no DMARC, the customer must order a POTS line(s) and the implementation timeframe is subject to LEC standard interval. ~ Yes ^ No Is the Dmarc in the same room as the telephone equipment? Yes ^ No Is the Customer's equipment within 300 feet of the DMARC. ^ Yes ~ No Is the Customer located in a strip mall or multi-tenant building? Building Owner Company Name City of Jeffersonville Contact Roger Hardy Contact Email chard Ci OfJeff.net Phone 502-551-5225 To better verify that adequate room is available to mount Norlight equipment Can the equipment be placed in either ~ Yes ^ No • a 19" rack -OR- Enter the quantity of mounting brackets . placed flat on the wall in a 2'x2' square foot or a shelf necessary (if applicable) Yes ^ No Is there at least one available 15 amp AC outlet to power Norlight equipment? Norlight will provide a small UPS to provide battery backup in case power fails .this battery backup is designed to last a maximum of two hours .the battery back up is Norlight equipment owned, and only Norlight equipment can be attached ^ Yes ~ No Does the customer have service in multiple buildings? ^ Yes ^ No If YES, are the buildings connected with qualified cable? ^ Yes ~ No Any inside wiring? Special Wiring Needs? ^ Yes ~ No Does the customer need additional cable drops? Qty NOTES of work to be done/service to be provided: NOTE: inside wiring is subject to standard field service rates. Quote is required for extra Field Services needs noted above. SE must contact Field Services to assess site. ^ Yes ~ No Isthis amulti-location project? If YES, a Sales Engineer must be involved. Include a Network Diagram and description ^ Yes ~ No Is the buildin ,office, or facility under construction? If YES, then what date will construction be corn lete? What type of ceilings are in Customer location? Dro Material What type of equipment will be needed to access the Ceilin s? ladder Customer hours of operation M - F 9 AM - 5 PM Data Services ~ Yes ^ No Will the customer be using either Norlight To qualify, the customer must be running an internal web services, Managed Router Services? such as a web server or email server? (i.e. Microsoft Exchange) ^ Managed Routing ~ Basic Managed Routing Which Routing Service will the customer be choosing? If customer does not choose Norlight's managed routing service, and there is no voice on the circuit, the customer must provide a router~rewall that accepts either a T1 or Ethernet directly and must have it configured by its network vendor. Yes ^ No Does the customer have a local area network? If NO, the customer must have a network vendor set uo their local area network Network Vendor Company Name Roger Hardy Contact Roger Hardy Contact Email rhardyCc~City ofJeff.net Phone 502-551-5225 The data DMARC is the ethernet port on Norlight equipment. Customer is responsible for the connection to their equipment/l~l N Does the customer need additional IP addresses (more than 6)? If a form G-IP Voice Services How many CSRs will be required? one per location no voice needed 8-SOW Norlight Inc Required by: SE Page 1 of 3 Updated: 12/19/08 BTNS t0 pull CSRs List as NPA-NXX-XXXX with ;between numbers (cell wraps) Who Is Customer's Current Local Service Provider? ^ Yes ^ No Does the customer have CLEC native numbers? If YES, customer must be made aware of the risk to his service of Norlight porting CLEC-native numbers! Telephone Equipment Company Contact Contact Email !Phone Norlight Inc and its associates can NOT act as a Vendor. Yes ^ No Is the Local Calling Area complete? if not complete, note this in SOW comments section Click here for LCAT Yes ^ rvo :Does the customer want Project Account Codes (PAC)? If yes, please submit a Form 4D -- PAC Request Form. Yes ^ No :Does Customer have a security system? If yes, we may need to use a POTS line ves ^ No Does the customer have a need for any UNE-Uresale lines? (not on T1) QtyC Examples of UNE-L/resale lines are a security system, credit card machine, Telecheck, elevator or payphone... Describe what is to be done with each of the customer's numbers. List as NPA-N~-xxxx ^ Yes ^ No ^ Yes.. ^ No < ^ No Does customer want any new telephone numbers? Vanity requests ($38 NRC) If YES, List requested #s Is customer converting any Toll Free numbers to Norlight? ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: ^ Port to Norlight ^ Disconnect ^ Leave with Current Provider Current Provider: cell will If Yes, complete a form 46 click here Qty Services Norlight, Inc. will provide the following products and/or services to the above address: 0 Number of lines/trunks (phone numbers listed on Q-Link Plus Layout) 3072k Amount of INTERNET Bandwidth yes Managed Routing Service (yes/no) no Hosted Products no Long Distance/Toll-Free service 0 How many Off T-1 lines will the customer need? 0 Number of PRIs 0 Minimum amount for dynamic bandwidth Explanation of work to be done/service to be provided: Customer will add another 1.5M T1 added to the existing Norlight 1.5M T1 for a total of 3.OM including managed routing. Da of Port On the Day of Port, Customer will experience service downtime. This downtime is unavoidable, but Norlight will use its best efforts to minimize inconvenience to Customer. Because the downtime may be due to circumstances beyond our control, Norlight cannot predict the amount of downtime the Customer will experience but it may last from several minutes to several hours. 8-SOW Norlight Inc Required by: SE - Page 2 of 3 Updated: 12/19/08 Customer Vendor/Cut Sheet Customer designates the following vendors Network Vendor Company Name Roger Hardy Telephone Equipment Company to be responsible for maintaining the internal phone systems of the Customer. Customer, Data Vendor and Phone Vendor are responsible for assuring that the services detailed in the Statement of Work and Circuit Layout are consistent with the services required. Data Vendor & Phone Vendor will be responsible for locating all lines prior to the Port Date that is provided by Norlight and agreed upon by the Customer and is responsible for connecting Customer's internal phone system to Norlight's demarcation point. Vendor must be present on the Port Date at the designated time. Norlight is not responsible for any damages to the Customer's service because of the Phone Vendor or Data Vendor's absence. Customer will be responsible for scheduling the Phone Vendor and Data Vendor for the Port Date and all expenses associated with having the phone vendor, as well as Network Vendor, on site. Norlight is providing Customer with details about the circuit and the services that ride that circuit (" Circuit Layout "). Circuit Layout is for the use of the Phone Vendor or Data Vendor. Due Date, Pro rammin & Expedite Fees 1) Once a due date is established for the circuit or the port, Norlight, Inc. will charge $150 to change any due date if the change is caused or requested by Customer. Customer understands that any changes made to services after execution of this SOW will result in a Due Date change and charge. 2) Norlight, Inc. will charge an additional $200 per business day, per circuit for expediting a due date eternally. If an order is requested by the customer to be expedited within Norlight standard interval, the charge will be an additional $500. 3) Any programming changes made on or within 24 hours of the port date will result in a $150 programming change fee plus any fees according to the rate card. 4) Requests for repair found past the Norlight demarcation point will require a $90 per hour charge, with a one hour minimum charge by Norlight. CLEC Native Numbers Under FCC-mandated rules, Customer may keep its telephone number ("TN") when changing service providers. In the case of TNs which were originally owned by a Competitive Local Exchange Company ("CLEC"), there exists a risk to the Customer's service: ported CLEC-native TNs may result in inbound calls not completing in areas served by a switch that does not perform LNP dips (LNP dips determine which phone company "owns' the TN). Norlight cannot know whether a particular switch performs LNP dips or not; therefore, Norlight cannot predict the extent of service impairment that Customer may experience. If Customer has been informed by Norlight that its TN is CLEC-native, Customer may opt to proceed with porting CLEC-native and accepts risks as stated in this SOW. Customer may also adopt new Norlight TN(s) which will avoid service issues as stated here. Or, Customer may cancel the Master Service Agreement without incurring the penalties described in paragraph five (5) of that Master Service Agreement. Sales Engineer/AE/AD: initial here that you have explained the risk to Customer Customer: I understand the risk to my service, and I wish to change telephone numbers Customer: I understand the risk to my service, and I wish to assume the risk and proceed. Date to Establish Service The date will be determined by an Operations Representative. Date to Establish Norlight Service Standard interval is 35 da s upon order rocessin . Any numbers that are ported over to Norlight service can take up to 24 hrs from actual port for all carriers to begin routing calls to Norlight This SOW acknowledges the work to be performed, but does not alter or amend the legal obligations of the parties. SE Date 4/20/2009 Date 4/20/2009 BP or SR 0 ~'~Sa s ~g~ 0 Who Completed Document? ^ SR^ BP ^ SE 8-SOW Norlight Inc Required by: SE Page 3 of 3 Updated: 12/19/08