Service Installation Fees. Except as may be otherwise agreed by the Parties in the applicable Statement of Work, Contractor shall not charge fees for any re-performance made necessary because of Contractor’s error or breach of contract, or to remedy any non-conformity as may be designated by CTS. Contractors are responsible for installation of service to the location specified in the CTS Procurement Document and all costs associated with said installation must be included in the Contractor’s Response. Any additional costs not stated in its Response shall be borne by Contractor. Weekly Updates The Contractor will provide weekly updates detailing the progress made for service installation with estimated timeframes for major milestones. These updates will be delivered via email. Contractor Demarcation Point If CTS requests an extended Contractor Demarcation Point – Contractor is responsible for installing, maintaining, and servicing of the extended demarc including but not limited to cabling, telecommunications equipment, and any work done by a Subcontractor. Circuit Handoff Unless otherwise stated in the CTS Procurement Document, all tail Broadband circuits will be deliveredvia RJ-45 connector . Upload/Download Speeds If CTS determines, in good faith, that the upload/download speeds of a given Service are not materially meeting the speeds ordered, it may notify Contractor thereof and the parties shall cooperate in good faith in an attempt to resolve the issue. If (i) Contractor and CTS are unable to resolve the issue within two (2) weeks of CTS notifying Contractor of the same and (ii) the failure of the Service to provide the ordered upload/download speeds is not due to actions or inactions of CTS, a CTS User or their respective users, CTS may terminate the applicbale Service upon ten (10) days written notice to Contractor without penalty. For the avoidance of doubt, the parties ackowledge that (A) actual upload/download speeds will vary depending on the amount of users using the service and the type and quanity of data they are downloading and/or transmitting and (B) the failure of the upload/download speeds to meet the quoted speeds due to any such use shall be considered “due to the actions or inactions of CTS, a CTS User or their respective users.” Invoices In addition to the requirements addressed in Section 10 of the MSA, Invoice and Payment, Contractor agrees to the following provisions related to invoices: Contractor shall itemize all charges, taxes, and fees per circuit. In the event of multiple sites, the Contractor must itemize fees per circuit. This information may be itemized directly on the invoice or provided as supplemental documentation attached to the invoice as long as the requirements are met. All invoices must be delivered as an "E" xxxx in a standard paper (.pdf) format All invoices must include all applicable taxes. Billing shall commence after the circuit has been delivered to the location specified by CTS in the applicable SOW. Contractor shall calculate applicable disconnect date and associated billing, Termination Liability and other allowable fees based on the date the disconnection is requested by CTS. Technical Requirements The parties acknowledge and agree that it is the intent of the parties that a Service will be provided and available 24/7/365, it being understood that there may be Service Interruptions and that the remedies for the same shall be as set forth herein. Service Repair and Trouble Reporting The following applies to the provisioning of Services to CTS and CTS Users provided under this Addendum: Response to Trouble Reports Contractor must provide a toll-free trouble reporting number to CTS. Contractor must provide support for the Services delivered including twenty four (24) hours a day, seven (7) days a week, three hundred sixty five (365) days per year call center. Service Level Remedies In addition to the terms set forth in this Contract, Contractor shall use best efforts to perform the Services in accordance with the Service Level Agreements, as set forth in herein. In the event a Service experiences a Service Interruption, CTS shall be entitled to Service Level Credits as required by the “Service Level Credits” section below which CTS may apply against payment of the fees and charges payable by the CTS to Contractor in a subsequent calendar month. In the event that this Contract expires or terminates, Contractor shall pay an amount equal to any unused credits to CTS within thirty (30) days after such termination or expiration. The Parties acknowledge and agree that, because of the unique nature of the Services contemplated by this Contract, it is difficult or impossible to determine with precision the specific amount of damages that might be incurred by CTS or any CTS User as a result of a Service Interruption. It is further understood and agreed by the Parties that CTS shall be damaged by Service Interruptions, and that any credits that become payable in the nature of Service Level Credits are not penalties, are fair and reasonable under the circumstances, and that such payments represent a reasonable estimate of fair compensation. Service Level Credits shall be applied to the account within two billing cycles from which the month that applicable Service Interruption occurred. Award of the credit in no way relieves the Contractor of responsibility to correct any Service Interruption. Service Level Credits shall constitute the sole remedy for CTS with respect to Service Interruptions, outage, unavailability, delay or other degradation in the Services or any Contractor failure to meet the objectives of the Services; provided, that, the foregoing shall not limit CTS’s right to terminate a Chronic Service pursuant to Section Titled “Termination for Default” of the MSA. Service Level Credits Contractor will provide a pro-rata credit against future payment of the net monthly recurring charge for a Service Interruption, except as specified below or as may otherwise be legally required (a “Service Level Credit”). For the purposes of calculating a Service Level Credit allowance, the Service Interruption period begins when CTS reports an interruption in the portion of the Service to Contractor, a trouble ticket is opened, and the Service is released to Contractor for testing and repair. The Service Interruption ends when the affected portion of the Service has been restored and Contractor has closed the trouble ticket. Service Interruption time does not include interruptions of less than thirty (30) minutes’ duration. Service Level Credits will be as follows:
Appears in 1 contract
Samples: Master Services Agreement
Service Installation Fees. Except as may be otherwise agreed by the Parties in the applicable Statement of Work, Contractor shall not charge fees for any re-performance made necessary because of Contractor’s error or breach of contract, or to remedy any non-conformity as may be designated by CTSWaTech. Contractors are responsible for installation of service to the location specified in the CTS WaTech Procurement Document and all costs associated with said installation must be included in the Contractor’s Response. Any additional costs not stated in its Response shall be borne by Contractor. Weekly Updates The Contractor will provide weekly updates detailing the progress made for service installation with estimated timeframes for major milestones. These updates will be delivered via email. Contractor Demarcation Point If CTS WaTech requests an extended Contractor Demarcation Point – Contractor is responsible for installing, maintaining, and servicing of the extended demarc including but not limited to cabling, telecommunications equipment, and any work done by a Subcontractor. Circuit Handoff Unless otherwise stated in the CTS WaTech Procurement Document, all tail Broadband circuits will be deliveredvia RJ-45 connector . Upload/Download Speeds If CTS WaTech determines, in good faith, that the upload/download speeds of a given Service are not materially meeting the speeds ordered, it may notify Contractor thereof and the parties shall cooperate in good faith in an attempt to resolve the issue. If (i) Contractor and CTS WaTech are unable to resolve the issue within two (2) weeks of CTS WaTech notifying Contractor of the same and (ii) the failure of the Service to provide the ordered upload/download speeds is not due to actions or inactions of CTSWaTech, a CTS WaTech User or their respective users, CTS WaTech may terminate the applicbale Service upon ten (10) days written notice to Contractor without penalty. For the avoidance of doubt, the parties ackowledge that (A) actual upload/download speeds will vary depending on the amount of users using the service and the type and quanity of data they are downloading and/or transmitting and (B) the failure of the upload/download speeds to meet the quoted speeds due to any such use shall be considered “due to the actions or inactions of CTSWaTech, a CTS WaTech User or their respective users.” Invoices In addition to the requirements addressed in Section 10 of the MSANSA, Invoice and Payment, Contractor agrees to the following provisions related to invoices: Contractor shall itemize all charges, taxes, and fees per circuit. In the event of multiple sites, the Contractor must itemize fees per circuit. This information may be itemized directly on the invoice or provided as supplemental documentation attached to the invoice as long as the requirements are met. All invoices must be delivered as an "E" xxxx bill in a standard paper (.pdf) format All invoices must include all applicable taxes. Billing shall commence after the circuit has been delivered to the location specified by CTS WaTech in the applicable SOW. Contractor shall calculate applicable disconnect date and associated billing, Termination Liability and other allowable fees based on the date the disconnection is requested by CTSWaTech. Technical Requirements The parties acknowledge and agree that it is the intent of the parties that a Service will be provided and available 24/7/365, it being understood that there may be Service Interruptions and that the remedies for the same shall be as set forth herein. Service Repair and Trouble Reporting The following applies to the provisioning of Services to CTS WaTech and CTS WaTech Users provided under this Addendum: Response to Trouble Reports Contractor must provide a toll-free trouble reporting number to CTSWaTech. Contractor must provide support for the Services delivered including twenty four (24) hours a day, seven (7) days a week, three hundred sixty five (365) days per year call center. Service Level Remedies In addition to the terms set forth in this Contract, Contractor shall use best efforts to perform the Services in accordance with the Service Level Agreements, as set forth in herein. In the event a Service experiences a Service Interruption, CTS WaTech shall be entitled to Service Level Credits as required by the “Service Level Credits” section below which CTS WaTech may apply against payment of the fees and charges payable by the CTS WaTech to Contractor in a subsequent calendar month. In the event that this Contract expires or terminates, Contractor shall pay an amount equal to any unused credits to CTS WaTech within thirty (30) days after such termination or expiration. The Parties acknowledge and agree that, because of the unique nature of the Services contemplated by this Contract, it is difficult or impossible to determine with precision the specific amount of damages that might be incurred by CTS WaTech or any CTS WaTech User as a result of a Service Interruption. It is further understood and agreed by the Parties that CTS WaTech shall be damaged by Service Interruptions, and that any credits that become payable in the nature of Service Level Credits are not penalties, are fair and reasonable under the circumstances, and that such payments represent a reasonable estimate of fair compensation. Service Level Credits shall be applied to the account within two billing cycles from which the month that applicable Service Interruption occurred. Award of the credit in no way relieves the Contractor of responsibility to correct any Service Interruption. Service Level Credits shall constitute the sole remedy for CTS WaTech with respect to Service Interruptions, outage, unavailability, delay or other degradation in the Services or any Contractor failure to meet the objectives of the Services; provided, that, the foregoing shall not limit CTS’s WaTech’ss right to terminate a Chronic Service pursuant to Section Titled “Termination for Default” of the MSANSA. Service Level Credits Contractor will provide a pro-rata credit against future payment of the net monthly recurring charge for a Service Interruption, except as specified below or as may otherwise be legally required (a “Service Level Credit”). For the purposes of calculating a Service Level Credit allowance, the Service Interruption period begins when CTS WaTech reports an interruption in the portion of the Service to Contractor, a trouble ticket is opened, and the Service is released to Contractor for testing and repair. The Service Interruption ends when the affected portion of the Service has been restored and Contractor has closed the trouble ticket. Service Interruption time does not include interruptions of less than thirty (30) minutes’ duration. Service Level Credits will be as follows:
Appears in 1 contract
Samples: Network Services Agreement
Service Installation Fees. Except as may be otherwise agreed by the Parties in the applicable Statement of Work, Contractor shall not charge fees for any re-performance made necessary because of Contractor’s error or breach of contract, or to remedy any non-conformity as may be designated by CTS. Contractors are responsible for installation of service to the location specified in the CTS Procurement Document and all costs associated with said installation must be included in the Contractor’s Response. Any additional costs not stated in its Response shall be borne by Contractor. Weekly Updates The Contractor will provide weekly updates detailing the progress made for service installation with estimated timeframes for major milestones. These updates will be delivered via email. Contractor Demarcation Point If CTS requests an extended Contractor Demarcation Point – Contractor is responsible for installing, maintaining, and servicing of the extended demarc including but not limited to cabling, telecommunications equipment, and any work done by a Subcontractor. Circuit Handoff Unless otherwise stated in the CTS Procurement Document, all tail Broadband circuits will be deliveredvia RJ-45 connector . Upload/Download Speeds If CTS determines, in good faith, that the upload/download speeds of a given Service are not materially meeting the speeds ordered, it may notify Contractor thereof and the parties shall cooperate in good faith in an attempt to resolve the issue. If (i) Contractor and CTS are unable to resolve the issue within two (2) weeks of CTS notifying Contractor of the same and (ii) the failure of the Service to provide the ordered upload/download speeds is not due to actions or inactions of CTS, a CTS User or their respective users, CTS may terminate the applicbale Service upon ten (10) days written notice to Contractor without penalty. For the avoidance of doubt, the parties ackowledge that (A) actual upload/download speeds will vary depending on the amount of users using the service and the type and quanity of data they are downloading and/or transmitting and (B) the failure of the upload/download speeds to meet the quoted speeds due to any such use shall be considered “due to the actions or inactions of CTS, a CTS User or their respective users.” Invoices In addition to the requirements addressed in Section 10 of the MSA, Invoice and Payment, Contractor agrees to the following provisions related to invoices: Contractor shall itemize all charges, taxes, and fees per circuit. In the event of multiple sites, the Contractor must itemize fees per circuit. This information may be itemized directly on the invoice or provided as supplemental documentation attached to the invoice as long as the requirements are met. All invoices must be delivered as an "E" xxxx bill in a standard paper (.pdf) format All invoices must include all applicable taxes. Billing shall commence after the circuit has been delivered to the location specified by CTS in the applicable SOW. Contractor shall calculate applicable disconnect date and associated billing, Termination Liability and other allowable fees based on the date the disconnection is requested by CTS. Technical Requirements The parties acknowledge and agree that it is the intent of the parties that a Service will be provided and available 24/7/365, it being understood that there may be Service Interruptions and that the remedies for the same shall be as set forth herein. Service Repair and Trouble Reporting The following applies to the provisioning of Services to CTS and CTS Users provided under this Addendum: Response to Trouble Reports Contractor must provide a toll-free trouble reporting number to CTS. Contractor must provide support for the Services delivered including twenty four (24) hours a day, seven (7) days a week, three hundred sixty five (365) days per year call center. Service Level Remedies In addition to the terms set forth in this Contract, Contractor shall use best efforts to perform the Services in accordance with the Service Level Agreements, as set forth in herein. In the event a Service experiences a Service Interruption, CTS shall be entitled to Service Level Credits as required by the “Service Level Credits” section below which CTS may apply against payment of the fees and charges payable by the CTS to Contractor in a subsequent calendar month. In the event that this Contract expires or terminates, Contractor shall pay an amount equal to any unused credits to CTS within thirty (30) days after such termination or expiration. The Parties acknowledge and agree that, because of the unique nature of the Services contemplated by this Contract, it is difficult or impossible to determine with precision the specific amount of damages that might be incurred by CTS or any CTS User as a result of a Service Interruption. It is further understood and agreed by the Parties that CTS shall be damaged by Service Interruptions, and that any credits that become payable in the nature of Service Level Credits are not penalties, are fair and reasonable under the circumstances, and that such payments represent a reasonable estimate of fair compensation. Service Level Credits shall be applied to the account within two billing cycles from which the month that applicable Service Interruption occurred. Award of the credit in no way relieves the Contractor of responsibility to correct any Service Interruption. Service Level Credits shall constitute the sole remedy for CTS with respect to Service Interruptions, outage, unavailability, delay or other degradation in the Services or any Contractor failure to meet the objectives of the Services; provided, that, the foregoing shall not limit CTS’s right to terminate a Chronic Service pursuant to Section Titled “Termination for Default” of the MSA. Service Level Credits Contractor will provide a pro-rata credit against future payment of the net monthly recurring charge for a Service Interruption, except as specified below or as may otherwise be legally required (a “Service Level Credit”). For the purposes of calculating a Service Level Credit allowance, the Service Interruption period begins when CTS reports an interruption in the portion of the Service to Contractor, a trouble ticket is opened, and the Service is released to Contractor for testing and repair. The Service Interruption ends when the affected portion of the Service has been restored and Contractor has closed the trouble ticket. Service Interruption time does not include interruptions of less than thirty (30) minutes’ duration. Service Level Credits will be as follows:
Appears in 1 contract
Samples: Master Services Agreement
Service Installation Fees. Except as may be otherwise agreed by the Parties in the applicable Statement of Work, Contractor shall not charge fees for any re-performance made necessary because of Contractor’s error or breach of contract, or to remedy any non-conformity as may be designated by CTS. Contractors are responsible for installation of service to the location specified in the CTS Procurement Document and all costs associated with said installation must be included in the Contractor’s Response. Any additional costs not stated in its Response shall be borne by Contractor. Weekly Updates The Contractor will provide weekly updates detailing the progress made for service installation with estimated timeframes for major milestones. These updates will be delivered via email. In addition, the Contractor will participate in a recurring conference call with CTS. Contractor Demarcation Point If CTS requests an extended Contractor Demarcation Point – Contractor is responsible for installing, maintaining, and servicing of the extended demarc d-xxxx including but not limited to cabling, telecommunications equipment, and any work done by a Subcontractor. Circuit Handoff Unless otherwise stated in the CTS Procurement Document, all Ethernet tail Broadband circuits will be deliveredvia RJ-45 connector delivered as Electrical/Copper connections. Upload/Download Speeds If Unless otherwise stated in the CTS determinesProcurement Document, all aggregation circuits will be delivered as Optical connections supporting Jumbo Frames. Contractor will provide two physical Ethernet handoffs from Contractor equipment in good faiththe vendor space (meet me room) to CTS at both the SDC and QDC at no additional cost (for a total of four (4) handoffs). Quincy Data Center The Contractor shall work with Xxxxx Data Centers directly, that and shall be responsible for all associated third party costs incurred in order for the upload/download speeds of a given Service are not materially meeting the speeds ordered, it may notify Contractor thereof and the parties shall cooperate in good faith in an attempt to resolve the issue. If (i) Contractor and CTS are unable to resolve the issue within two (2) weeks of CTS notifying Contractor of the same and (ii) the failure of the Service to provide the ordered upload/download speeds is not due to actions or inactions of CTS, a CTS User or their respective users, CTS may terminate the applicbale Service upon ten (10) days written notice to Contractor without penalty. For the avoidance of doubt, the parties ackowledge that (A) actual upload/download speeds will vary depending on the amount of users using the service and the type and quanity of data they are downloading and/or transmitting and (B) the failure of the upload/download speeds Quincy Data Center site to meet the quoted speeds due need to house any such use shall be considered “due on premise equipment in the provider space/meet me room. Contractor must obtain permission from Xxxxx Data Centers for any construction related to the actions or inactions services being sought. Contractor must obtain and comply with policies of Xxxxx for Contractor access to the facility. All Services will be delivered into the provider space/meet me room. State Data Center Contractor must sign CTS, a CTS User or their respective users.” ’ SDC provider space agreement to utilize the provider space. All Services will be delivered into the provider space/meet me room. Invoices In addition to the requirements addressed in Section 10 of the MSA, Invoice and Payment, Contractor agrees to the following provisions related to invoices: Contractor shall itemize all charges, taxes, and fees per circuit. In the event of multiple sites, the Contractor must itemize fees per circuit. This information may be itemized directly on the invoice or provided as supplemental documentation attached to the invoice as long as the requirements are met. All invoices must be delivered as an "E" xxxx in using .csv format as specified by CTS as well as a standard paper (.pdfpdf) format format. All invoices must include all applicable taxes. Billing shall commence five (5) days after the circuit has been delivered to the location specified by CTS in the applicable SOW. Contractor shall calculate applicable disconnect date and associated billing, Termination Liability and other allowable fees based on the date the disconnection is requested by CTS. Technical Requirements The parties acknowledge and agree that it is Contractor shall provide the intent of the parties that a Service will be provided and available 24/7/365, it being understood that there may be Service Interruptions and that the remedies for the same shall be as set forth herein. Service Repair and Trouble Reporting The following applies to the provisioning of circuit or Services to CTS meet the minimum, standards stated herein: Service Availability The service must perform and CTS Users provided under this Addendum: Response to Trouble Reports Contractor must provide a tollbe available twenty-free trouble reporting number to CTS. Contractor must provide support for the Services delivered including twenty four (24) hours a per day, seven (7) days a week, three hundred sixty five (365) days per year call centeryear. Service Level Remedies In addition Packet Remarking Contractor shall honor QOS markings and shall not re-xxxx CTS data, packets, or traffic. Contractor may not xxxx, alter or remark any traffic. All traffic leaving a CTS/ or Shared Use Constituents’ site shall arrive after traversing the Contractor’s network with the same markings it left with. MTU Size Contractor shall provide Services with a minimum MTU size of 1546 at no additional cost. VLANS Contractor shall provide and deliver up to five (5) VLANs for no additional costs. Contractor’s Ethernet Services must provide support for virtual local area network (VLAN) via the terms set forth in this ContractIEEE 802.1Q standard. Link Agregration Contractor’s Ethernet Services must provide support for link aggregation (LACP) via the IEEE 802.3ad standard. This service will be implemented any time a CTS User requires two or more circuits at a site. Equipment Space and Power Contractor shall be responsible for the purchase, installation, configuration, and maintenance of all equipment required to provide Ethernet Services to CTS, Following receipt of a SOW, Contractor must disclose whether Contractor owned equipment requires more than one-quarter rack space, 20 amperes power, or DC power. If so, Contractor must disclose the technical specifications of the type of equipment to be installed as part of the procurement response. Contractor must provide a UPS for its equipment that provides a minimum four (4) hours of run time at no additional cost to CTS. Contractor must utilize dual power feeds to all equipment supporting CTS User Services at the SDC and QDC locations. Ethernet Standards Contractor’s Ethernet Services shall use best efforts to perform the Services be provided in accordance compliance with the Service Level Agreements, as set forth in herein. In the event a Service experiences a Service Interruption, CTS shall be entitled to Service Level Credits as required by the “Service Level Credits” section below which CTS may apply against payment current version of the fees MEF standard within a CTS determined reasonable time, not less than 12 months, of new standards being released or a within a timeframe greater if authorized by CTS. Point to Point and charges payable by Point to Multi- Point Contractor shall support both: Point to multi point circuits, terminating at both the SDC and QDC-and- Point to point circuits that terminate at a CTS specified location(s). Unless otherwise stated in the CTS to Contractor in a subsequent calendar month. In the event that this Contract expires or terminates, Procurement Document Contractor shall pay an amount equal deliver all circuits as point to any unused credits to CTS within thirty (30) days after such termination or expiration. The Parties acknowledge multi point circuits, terminating at both the SDC and agree that, because of the unique nature of the Services contemplated by this Contract, it is difficult or impossible to determine with precision the specific amount of damages that might be incurred by CTS or any CTS User as a result of a Service Interruption. It is further understood and agreed by the Parties that CTS shall be damaged by Service Interruptions, and that any credits that become payable in the nature of Service Level Credits are not penalties, are fair and reasonable under the circumstances, and that such payments represent a reasonable estimate of fair compensation. Service Level Credits shall be applied to the account within two billing cycles from which the month that applicable Service Interruption occurred. Award of the credit in no way relieves the Contractor of responsibility to correct any Service Interruption. Service Level Credits shall constitute the sole remedy for CTS with respect to Service Interruptions, outage, unavailability, delay or other degradation in the Services or any Contractor failure to meet the objectives of the Services; provided, that, the foregoing shall not limit CTS’s right to terminate a Chronic Service pursuant to Section Titled “Termination for Default” of the MSA. Service Level Credits Contractor will provide a pro-rata credit against future payment of the net monthly recurring charge for a Service Interruption, except as specified below or as may otherwise be legally required (a “Service Level Credit”). For the purposes of calculating a Service Level Credit allowance, the Service Interruption period begins when CTS reports an interruption in the portion of the Service to Contractor, a trouble ticket is opened, and the Service is released to Contractor for testing and repair. The Service Interruption ends when the affected portion of the Service has been restored and Contractor has closed the trouble ticket. Service Interruption time does not include interruptions of less than thirty (30) minutes’ duration. Service Level Credits will be as follows:QDC.
Appears in 1 contract
Samples: Master Services Agreement
