Common use of Provision of Services and Equipment Clause in Contracts

Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer. b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services. d. Only authorized agents and representatives of Frrontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s option. e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by Customer. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or (iii) if the problem originated from a source unrelated to Frontier’s Network. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described in the applicable Schedule; and (ii) a well-lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third parties. Frontier shall not be responsible for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Network, and any wiring required to extend a communications termination and/or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s installation standards. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Services and Equipment. Customer is solely responsible for ensuring that all of Customer’s data are adequately secured, documented and backed-up at all times. Frontier and its contractors are not responsible or liable for data loss for any reason. j. Frontier will manage the Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the Equipment. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA and Customer will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-user of the Services and leased Equipment. Customer shall not resell or bundle the Services or leased Equipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 3 contracts

Samples: Frontier Services Agreement, Frontier Services Agreement, Frontier Services Agreement

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Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer. b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services Servic es and auxiliary third party services. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s option. e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred inc urred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by CustomerXxxxxxxx. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatiblemechanicallyincompatible); or (iii) if the problem originated from a source unrelated to Frontier’s Network. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described in the applicable Schedule; and (ii) a well-lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers xxxxxx rs or third parties. Frontier shall not be responsible for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Network, and any wiring required to extend a communications termination and/or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local l ocal codes, and Frontier’s installation standards. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Services and Equipment. Customer is solely responsible for (a) ensuring that all of Customer’s data are is adequately secured, documented and backed-up at upat all timestimes and (b) reimbursing Frontier for costs incurred by Frontier related thereto. Frontier and its contractors are not responsible or liable for data loss and/or unauthorized or fraudulent use of Customer Services or Equipment for any reasonreasonand Customer agrees to reimburse Frontier for costs incurred by Frontier related thereto. j. Frontier will manage the Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the Equipment. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA and Customer will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities with respect r espect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-user of the Services and leased Equipment. Customer shall not resell or bundle the Services or leased Equipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 1 contract

Samples: Frontier Services Agreement

Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer. b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design desi gn layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s option. e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by CustomerXxxxxxxx. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or (iii) if the problem originated from a source unrelated to Frontier’s Network. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described in the applicable Schedule; and (ii) a well-lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third parties. Frontier shall not be responsible for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Network, and any wiring required to extend a communications termination and/or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s installation standards. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Services and Equipment. Customer is solely responsible for (a) ensuring that all of Customer’s data are is adequately secured, documented and backed-up at all timestimes and (b) reimbursing Frontier for costs incurred by Frontier related thereto. Frontier and its contractors are not responsible or liable for data loss and/or unauthorized or fraudulent use of Customer Services or Equipment for any reasonreason and Customer agrees to reimburse Frontier for costs incurred by Frontier related thereto. j. Frontier will manage the Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the Equipment. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves reserv es the right to suspend Service for emergency maintenance to Frontier's Network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA and Customer will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-user of the Services and leased Equipment. Customer shall not resell or bundle the Services or leased Equipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 1 contract

Samples: Frontier Services Agreement

Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communicationsvoice, data and/or video service, including installation and maintenance services (collectively “Service”), and/or purchase or lease of related equipment (“Equipment”), described in this FSA pursuant to these Terms and Schedules executed by CustomerConditions. b. Customer acknowledges that certain Services may be governed by a written agreement with Frontier or a tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA these terms and conditions and an applicable agreement or tariff, the agreement or tariff shall control except with respect to pricingany matter addressed herein that is not in the applicable agreement or tariff, early termination charges or cancellation charges for which this FSA these terms and conditions shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”)Services, up to and including the point at which Frontier’s Network is the facilities and equipment are made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network componentsService and/or equipment, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services. Customer will cooperate in good faith and follow through with any coordination efforts required in a timely manner. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Networkwork. Any repair, alteration, configuration or servicing of Frontier’s Network, Services facilities or Equipment equipment by Customer or third parties without the written consent of Frontier is a material breach default of this FSA these terms and conditions and cause for termination at Frontier’s option. e. If Frontier is unable to commence performance of its maintenance obligations hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by CustomerXxxxxxxx. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network the equipment is altered, maintained or repaired by any party other than Frontier, without Frontier’s prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or and (iii) if the problem originated from a source unrelated to Frontier’s Networkthe Equipment. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network the Equipment in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described in the applicable Schedule; and (ii) a well-lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third partiescarriers. Frontier shall not be responsible for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Networknetwork and facilities, and any wiring required to extend a communications termination and/or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s installation standards. With respect to each Customer-designated location, Customer is responsible for taking all steps necessary to interconnect the Service at such location. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Services and Equipmentrelated equipment. Customer is solely responsible for ensuring that all of Customer’s data files are adequately secured, duplicated and documented and backed-up at all times. Frontier and its contractors are not responsible or liable for data loss for any reason. j. Frontier will manage the Frontier Network its network in Frontier’s sole discretion, discretion and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning Services. Customer’s use of the EquipmentService is subject to Frontier Network Management Policy posted at xxxxxxxx.xxx/xxxxxxxxx/xxxxxxxx. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA these terms and Customer conditions and it will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-user of the Services and leased Equipment. All use of the Service(s) must be lawful and consistent with Frontier’s Commercial Internet Acceptable Use Policy posted at xxxxxxxx.xxx/xxxxxxxxx/xxxxxxxx. You agree not to use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. Customers may not retransmit the Service or make the Service available to anyone outside the premises (i.e. Wi-Fi or other methods of networking). Customer shall not resell or bundle the Services or leased Equipmentequipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 1 contract

Samples: Terms and Conditions

Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer. b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or and/ or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made m ade available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing repa iring or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or and/ or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Front Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s optionion. e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by Customer. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or (iii) if the problem originated from a source unrelated to Frontier’s Network.to f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installationinstal lation, operation, and maintenance of Frontier’s Network in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described in the applicable Schedule; and (ii) a well-well - lighted and safe working area that complies with wit h all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering orderi ng facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third parties. Frontier shall not be responsible for the installation, operation, 1. repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Network, and any wiring required to extend a communications termination and/or and/ or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s installation standards. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against agai nst unauthorized or fraudulent use of the Services and Equipment. Customer is solely responsible for (a) ensuring that all of Customer’s data are adequately secured, documented and backed-backed - up at all timestimes and (b) reimbursing Frontier for costs incurred by Fr ontier related thereto. Frontier and its contractors are not responsible or liable for data loss and/ or unauthorized or fraudulent use of Customer Services or Equipment for any reasonreason and Customer agrees to reimburse Frontier for costs incurred by Frontier related thereto. j. Frontier will manage the Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the Equipment. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network Netw ork without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA and Customer will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required requ ired by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-end - user of the Services and leased Equipment. Customer shall not resell or bundle the Services or leased le ased Equipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 1 contract

Samples: Frontier Services Agreement

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Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay pa y for the communicationsvoice, data and/ or video service, including installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by CustomerService ( Equipment ions. b. Customer acknowledges that certain Services may be governed by a written agreement with Frontier or a tariff or price schedule filed with the Federal Communications Commission and/or and/ or the state public utilities commission. In the event of any inconsistencies between this FSA betwee n these terms and conditio ns and an applicable agreement or tariff, the agreement or tariff shall control except with respect to pricingany matter addressed herein that is not in the applicable agreement or tariff, early termination charges or cancellation charges for which this FSA these terms and conditions shall controlcontr ol. c. Frontier will provideprovi de, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”)Services, up to and including the point at which Frontier’s Network is the facilities and equipment are made available for interconnection to Customer’s premises equipment Customer equip ment or inside wiring. Customer shall provide p rovide Frontier reasonable r easonable access to Customer’s Customer premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network componentsService and/ or equipment, including obtaining o btaining approvals, permits permit s or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or and/ or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s Custom er s behalf related to the Services and auxiliary third party services. Customer w ill cooperate in good faith and follow through with any coordination efforts required in a timely manner. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Networkwork. Any repair, alterationalterati on, configuration or servicing of Frontier’s Network, Services Frontier s facilities or Equipment equipment by Customer or third parties without the written writ ten consent of Frontier is a material breach default of this FSA these terms and conditions and cause for termination at Frontier’s Frontier s option. e. If Frontier is unable to commence performance of its maintenance obligations hereunder due to circumstances within Customer’s Customer s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by b y Customer. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network the equipment is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior Frontier s pr ior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operationoperatio n, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or and (iii) if the problem originated from a source unrelated to Frontier’s Networkthe Equipment. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network the Equipment in accordance with manufacturer’s manufacturer s documentation and Frontier’s Frontier s installation standards, more fully described in the applicable Schedule; and (ii) a well-wel l- lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities facil ities of other carriers. Frontier may, when authorized by Customer Xxxxxxxx and as may be agreed to by Frontier, act as Customer’s Customer s agent for ordering facilities provided fa cilities provide d by other carriers to allow such connection c onnection of Customer’s Customer s locations to Frontier’s Network Frontier s network or to the network networ k of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third partiescarriers. Frontier shall not be responsible for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided pr ovided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Networknetwork and facilities, and any wiring required to extend a communications termination and/or and/ or demarcation at the Customer premises. Customer Custome r will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with ser vice wit h suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s Frontier s installation standards. With respec t to each Customer - designated location, Customer is responsible for taking all steps necessary to interconnect the Service at such location. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection protec tion against unauthorized or fraudulent use of the Services and Equipmentrelated eq uipment. Customer is solely responsible for ensuring that all of Customer’s Customer s data files are adequately secured, duplicated and documented and backed-up at all times. Frontier and its contractors are not responsible res ponsible or liable for data loss for any reason. j. Frontier Frontie r will manage the its network in Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the EquipmentServices. Customer vice is subject to Frontier will endeavor to provide Network Management Policy posted at reasonable notice prior to any scheduled maintenance, planned enhancements or o r upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state sta te and local laws, administrative and regulatory requirements and any other authorities having jurisdiction ju risdiction over the subject matter of this FSA these terms and Customer conditions and it will be responsible for applying for, obtaining and maintaining all registrations and certifications c ertifications which may be required by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-end - user of the Services and leased Equipment. All use of the Service(s) must be lawful and consistent with Frontier s Commercial Internet Acceptable Use Policy posted at xxxxxxxx.xxx/ corporate/ policies . You agree not to use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; postin g, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. Customers may not retransmit the Service or make the Service available to an yone outside the premises (i.e. Wi - Fi or other methods of networking). Customer shall not resell or bundle the Services or leased Equipmentequipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 1 contract

Samples: Terms and Conditions

Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer. b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s option. e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by CustomerXxxxxxxx. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or (iii) if the problem originated from a source unrelated to Frontier’s Network. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described descr bed in the applicable Schedule; and (ii) a well-lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third parties. Frontier shall not be responsible respons ble for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Network, and any wiring required to extend a communications termination and/or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s installation standards. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Services and Equipment. Customer is solely responsible for (a) ensuring that all of Customer’s data are is adequately secured, documented and backed-up at all timestimes and (b) reimbursing Frontier for costs incurred by Frontier related thereto. Frontier and its contractors are not responsible respons ble or liable for data loss and/or unauthorized or fraudulent use of Customer Services or Equipment for any reason. j. Frontier will manage the Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the Equipment. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA and Customer will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees employees, patients, residents and visitors shall be the only permitted end-user of the Services and leased Equipment. Customer shall not resell or bundle the Services or leased Equipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.. Ver. 04252022 Page 1 of 5 DocuSign Envelope ID: B584E153-71E5-4400-A68A-2068F699C4B3 Terms and Conditions Frontier Confidential

Appears in 1 contract

Samples: Frontier Services Agreement

Provision of Services and Equipment. a. Frontier will provide and the Customer agrees to pay for the communications, installation and maintenance services (collectively “Service”), and/or purchase or lease equipment (“Equipment”), described in this FSA and Schedules executed by Customer. b. Customer acknowledges that certain Services may be governed by tariff or price schedule filed with the Federal Communications Commission and/or the state public utilities commission. In the event of any inconsistencies between this FSA and an applicable tariff, the tariff shall control except with respect to pricing, early termination charges or cancellation charges for which this FSA shall control. c. Frontier will provide, maintain and repair the Frontier owned facilities and equipment used to provide the Services (“Frontier(‘s) Network”), up to and including the point at which Frontier’s Network is made available for interconnection to Customer’s premises equipment or inside wiring. Customer shall provide Frontier reasonable access to Customer’s premises during normal business hours for the purpose of installing, inspecting, testing, rearranging, repairing or removing any Frontier Network components, including obtaining approvals, permits or licenses from third parties as necessary. Customer will cooperate in good faith and provide all reasonable information and authorizations required by Frontier for the purpose of installing Services and/or Equipment, performing routine network grooming, maintenance, upgrades, and addressing emergencies, including but not limited to design layout records of any Customer or third party network elements to be connected to the Services and Letters of Agency allowing Frontier to act on the Customer’s behalf related to the Services and auxiliary third party services. d. Only authorized agents and representatives of Frrontier Frontier may perform maintenance work with respect to Frontier’s Network. Any repair, alteration, configuration or servicing of Frontier’s Network, Services or Equipment by Customer or third parties without the written consent of Frontier is a material breach of this FSA and cause for termination at Frontier’s option. e. If Frontier is unable to commence performance hereunder due to circumstances within Customer’s control, any related costs incurred by Frontier, including but not limited to travel at normal rate and overtime labor rate expenses, will be reimbursed by CustomerXxxxxxxx. Customer will reimburse Frontier for all costs incurred for installation, maintenance and repair if: (i) Frontier’s Network is altered, maintained or repaired by any party other than Frontier, without Frontier’ prior written consent, (ii) the malfunction of the Service or Equipment is the result of mishandling, abuse, misuse, improper operation, improper storage, or improper installation by anyone other than Frontier (including use in conjunction with equipment electrically or mechanically incompatible); or (iii) if the problem originated from a source unrelated to Frontier’s Network. f. Customer will provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the installation, operation, and maintenance of Frontier’s Network in accordance with manufacturer’s documentation and Frontier’s installation standards, more fully described in the applicable Schedule; and (ii) a well-lighted and safe working area that complies with all local safety standards and regulations. g. The Services or Equipment may be connected with the services or facilities of other carriers. Frontier may, when authorized by Customer and as may be agreed to by Frontier, act as Customer’s agent for ordering facilities provided by other carriers to allow such connection of Customer’s locations to Frontier’s Network or to the network of an underlying carrier or service. h. Customer is responsible for all charges billed by other carriers or third parties. Frontier shall not be responsible for the installation, operation, repair or maintenance or performance of equipment, facilities, software or service not provided directly by Frontier. Customer is responsible to provide equipment compatible with the Service or Equipment and Frontier's Network, and any wiring required to extend a communications termination and/or demarcation at the Customer premises. Customer will provide suitable building facilities for the provision of Services in accordance with local codes, including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with the National Electrical Code and local codes, and Frontier’s installation standards. i. Customer is solely responsible for the selection, implementation and maintenance of security features for protection against unauthorized or fraudulent use of the Services and Equipment. Customer is solely responsible for (a) ensuring that all of Customer’s data are is adequately secured, documented and backed-up at all timestimes and (b) reimbursing Frontier for costs incurred by Frontier related thereto. Frontier and its contractors are not responsible or liable for data loss and/or unauthorized or fraudulent use of Customer Services or Equipment for any reasonreason and Customer agrees to reimburse Frontier for costs incurred by Frontier related thereto. j. Frontier will manage the Frontier Network in Frontier’s sole discretion, and reserves the right to substitute, change or rearrange any equipment or facilities used in delivering Services or provisioning the Equipment. Frontier will endeavor to provide reasonable notice prior to any scheduled maintenance, planned enhancements or upgrades, which may result in a degradation or disruption in Service. Frontier reserves the right to suspend Service for emergency maintenance to Frontier's Network without notice to Customer. Customer shall designate a primary contact for receipt of such notice. k. Customer represents and warrants that its use of the Service and Equipment will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this FSA and Customer will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities with respect to such use. l. Except as expressly identified in a Schedule, Customer and its employees shall be the only permitted end-user of the Services and leased Equipment. Customer shall not resell or bundle the Services or leased Equipment, nor permit any third party to access the Services or leased Equipment in exchange for compensation of any kind.

Appears in 1 contract

Samples: Frontier Services Agreement

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