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Exhibit 10.51
COLLOCATION AGREEMENT
THIS COLLOCATION AGREEMENT (the "Agreement") is made as of the 23rd day of June,
2000 (the "Effective Date") between INTERMEDIA COMMUNICATIONS INC., having an
office at Xxx Xxxxxxxxxx Xxx, Xxxxx, Xxxxxxx 00000-0000 ("Intermedia"), and
XXXxxxx.xxx, having an office at 0000 X. 00xx Xxx., Xxxxx 000 Xxxxxxx, XX 00000
("Customer").
RECITALS
1. Intermedia owns or leases certain premises;
2. Customer desires to have access to a part of Intermedia's premises in
which to install and operate telecommunications equipment and cabling and to
interconnect such equipment and cabling with Intermedia's telecommunications
network; and,
3. Intermedia is willing to provide to Customer, the right to utilize a
part of its premises upon the terms and conditions set forth below.
TERMS AND CONDITIONS
1. Right to Locate. Intermedia hereby grants to customer a non-exclusive
right, subject to termination as provided herein, to locate, install, maintain,
monitor, operate, replace, repair and remove (collectively "locate") certain of
its telecommunications equipment (the "Equipment"), in a certain designated
space (the "Space") within a designated Intermedia facility (the "Premises").
2. Collocation Schedules. Attached to this Agreement are individual
"Collocation Schedules" for each separate site where collocation will be
established. Associated with each Collocation Schedule will be Facility
Drawings (described in section 4 below), identified as "Exhibit 1"; and
"Dispatch Labor Charges", identified as "Exhibit 2." All Collocation Schedules,
upon their execution by both parties, shall be incorporated herein and shall
become a part hereof. By executing a Collocation Schedule, Customer accepts the
Space on an "as is, where is" basis. Nothing in this Agreement shall be deemed
to obligate either party to enter into any given Collocation Schedule
3. Customer's Responsibilities.
A. Customer shall arrange for the transit delivery of all Equipment to
the Space at its sole cost and expense.
B. Customer shall provide Intermedia with reasonable prior notice (not
less than two (2) business days) of the actual delivery date of the Equipment.
C. Customer shall install, operate and maintain the Equipment at its sole
expense and such installation, operation and maintenance:
(i) shall not cause harm to the Space or the Premises or any other
facilities of Intermedia, or third parties;
(ii) shall not interfere in any way with Intermedia's use or
operation of the Premises or of its facilities or with the use or operation of
any third party facilities;
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INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
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(iii) shall not physically conflict or electrically interfere with
the facilities of Intermedia or third parties;
(iv) shall be in full compliance with telecommunication industry
standards, NEC and OSHA requirements, and in accordance with Intermedia's
requirements and specifications.
D. All Equipment must be mounted on racks, and using appropriate
brackets, except where otherwise expressly permitted in writing by Intermedia.
Customer is solely responsible for assuring that the Equipment is mounted in an
efficient and appropriate manner.
E. All cabling regardless of location, shall be tied and organized, run
to the side of the rack, and labeled. Connectors must be secured in the
interface socket.
F. Customer shall be solely responsible for all costs associated with
the configuration, installation, interconnection and operation of the
Equipment, including without limitation, transportation related costs, and any
electrical or other work which must be completed in order to interconnect the
Equipment.
G. Customer shall be solely responsible for all maintenance and repairs
on the Equipment and all costs therefor. All such work, except for emergency
repairs, shall be conducted only during normal business hours.
H. Customer must provide for remote access (via modem or other means)
where available, in order to administer, configure, monitor and operate the
Equipment.
I. Customer shall, at all times, comply with Intermedia's rules and
regulations regarding access to its facilities, including without limitation,
adequate notice before entry (not less than one business day), appropriate
dress and professional conduct. Intermedia may remove any personnel of Customer
not in compliance with its rules and regulations, and may prohibit access by
any person at its discretion.
J. Except as specifically set forth herein in Section 7, Customer shall
utilize only Intermedia facilities and Intermedia's telecommunications network
for the provision of its telecommunications services, and facilities of third
parties or connections to third party facilities are prohibited. Customer
agrees to maintain a minimum level of billed Intermedia services each month as
specified in each Collocation Schedule. Rack or cabinet charges and/or pass
through service charges from LECs or other providers do not count towards the
minimum. Any party seeking to install any such facility or connection without
the express written authorization of Intermedia, shall be denied entry to the
Space.
4. Approvals.
A. Customer shall submit to Intermedia, architectural and engineering
drawings ("Facility Drawings") indicating the proposed installation for
approval, and including all building construction and electrical requirements.
Customer may not perform any construction or install any Equipment without
written approval from Intermedia. Intermedia reserves the right to accept or
reject Customer's design at its sole discretion. All costs of design work shall
be Customer's responsibility.
B. Intermedia shall inspect the completed installation and must approve
same before Customer is allowed to utilize the Equipment for any reason. Any
installations that do not comply with the approved Facility Drawings will be
subject to rejection by Intermedia. Intermedia also reserves the right to order
reasonable modifications to any installations.
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INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
COLLOCATION AGREEMENT PAGE -2-
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C. Customer is solely responsible for obtaining any and all necessary
building permits or other authorizations required for collocation of its
Equipment, and Customer shall not permit any lien or other encumbrance to
attach to the Premises as a result of the collocation of its Equipment
hereunder, and shall indemnify and hold harmless, Intermedia, from and against
any costs or liabilities arising from the placement and/or removal of any such
lien or encumbrance.
5. Term and Termination.
A. The minimum mandatory term of service of each Collocation Schedule
shall be set forth in each Collocation Schedule and the term shall commence on
the first day the Space is made available by Intermedia (the "Commencement
Date"). The term shall remain in effect, unless sooner terminated in accordance
with the provisions of this Agreement, and shall automatically renew on a
month-to-month basis, terminable on thirty (30) days notice by either party for
any or no reason, upon expiration of the minimum mandatory term of service.
This Agreement shall terminate upon expiration or termination of the last
Collocation Schedule executed hereunder.
B. Either party shall have the right to terminate this Agreement or any
given Collocation Schedule without further liability, at any time without
cause, by giving at least one hundred eighty (180) days prior written notice to
the other party; provided however, Intermedia may terminate this Agreement or
any Collocation Schedule without notice in the event: (i) an act of God or
other occurrence beyond its reasonable control prevents it from reasonably
complying with its obligations hereunder or under the Collocation Schedule;
(ii) it is forced to vacate the Premises for any reason; (iii) compliance with
the terms of this Agreement or of a Collocation Schedule is deemed unlawful or
is otherwise prohibited by the establishment of law or regulation or order of a
court or regulatory body having jurisdiction over such matters; or (iv)
Customer is subject to any proceedings, whether voluntary or involuntary,
regarding insolvency, bankruptcy, an assignment for the benefit of creditors,
or the appointment of a trustee or receiver, or any similar event.
C. Following termination of this Agreement as permitted hereunder,
neither party shall have any further liability to the other except that
Customer shall be liable for payments due and owing hereunder as of the date of
termination.
D. The Equipment is and shall remain the personal property of Customer
notwithstanding the fact that it may be affixed or attached to the Premises.
Upon termination of this Agreement or the applicable Collocation Schedule, all
Equipment shall be removed by Customer within five (5) business days. Any
Equipment not removed within such time shall be deemed abandoned, and may be
stored by Intermedia in the manner of its choosing. All costs of removal and
storage incurred by Intermedia in accordance with this provision shall be paid
by Customer prior to release of the Equipment to its care and custody. Any
Equipment not claimed within sixty (60) days of termination may be sold by
Intermedia in the manner of its choosing and any proceeds of such sale shall
first be applied to amounts owed under this Agreement, and then to pay for costs
of removal and storage and/or to reimburse Intermedia for any such costs it has
paid. Any proceeds remaining from such sale after payment of said costs shall be
paid to Customer upon written request. Intermedia shall make reasonable attempt
to notify Customer of any sale of Equipment. Intermedia shall not, under any
circumstances, be responsible for any damage resulting from removal of
Equipment, whether by Intermedia or Customer.
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Intermedia Communications Inc. CONFIDENTIAL
Collocation Agreement Page -3-
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E. Upon the giving of thirty (30) days advance notice to Customer,
Intermedia may require Customer to relocate the Equipment to other space within
the Premises. In such event, Intermedia shall pay its own costs of such
relocation, and shall reimburse Customer for its reasonable costs, if any,
related to such relocation.
6. Payments.
A. Customer shall pay to Intermedia monthly in advance, the Monthly
Recurring Charges (MRCs) specified in each individual Collocation Schedule
beginning on the Commencement Date thereof and continuing on the first day of
each calendar month thereafter throughout the term of this Agreement. Time and
material charges for installation, operations, maintenance and other support
services provided by Intermedia will be included in the regular monthly invoice
or billed separately at Intermedia's discretion. Such services will be charged
at the rates specified in the Collocation Schedule. In the event that the
Commencement Date or the termination date of this Agreement are not on the
first day of the month, then the fees for such month shall be pro-rated based
upon a thirty (30) day month.
B. One Time Charges are due upon signature of this Agreement. Monthly
Recurring Charges are due on or before the first day of each month. Charges not
paid when due shall be subject to an interest charge of one-and-one-half
percent (1 1/2%) per month of the amount due after thirty (30) days. Recurring
charges for the first month shall be pro-rated if necessary.
C. Charges for utility service (electricity, etc.) shall be included in
the regular monthly invoices and paid monthly by Customer.
7. Non-Intermedia Services; Off-Net Services
A. Customer may employ non-Intermedia services only when such services
(or reasonable substitute services) are not offered by Intermedia. Any Space
that is located at a site not connected to Intermedia owned (or resold)
fiber-optic telecommunications facilities shall be deemed an "Off-Net" location
for purposes of this Agreement.
B. Use of any third party-provided services, including without
limitation, private line services connecting to any Off-Net location, are
subject to approval by Intermedia, at Intermedia's sole discretion. Such
decision may be based in whole or in part on the following factors: (a)
Customer's intended use of the desired service; (b) Customer's creditworthiness
and payment history; (c) the amount of Intermedia services revenue generated or
projected to be generated by Customer's use of the Space; and (d) other
business reasons at Intermedia's discretion.
C. Customer must provide reasonably adequate prior written notice (not
less than sixty (60) days in any case) of its desire to employ any third party
services. Such notice must include relevant technical specifications and
desired term of service. Intermedia will provide written notice of its decision
whether to allow Customer to employ third party service. Included in such
notice will be a description of any conditions Intermedia may reasonably
require of Customer before or concurrent with installation of the service.
D. Third party services, upon approval, will be ordered and arranged by
Intermedia. Charges for such services shall be included in Intermedia's regular
monthly invoices issued to Customer. Such charges shall include all third party
charges passed-through, plus any applicable Intermedia connection or
installation charges that are agreed upon by Customer in advance. Such charges
may include, without limitation, any costs
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INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
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incurred in modifying or adding facilities or equipment, or obtaining landlord
or other approvals for the installation of the services. Customer shall be
responsible for compliance with all applicable contractual terms and provisions
governing the services.
E. Intermedia shall not be responsible, in any manner, for Customer's use
of any third party facilities, and Customer shall indemnify and hold harmless,
Intermedia, from and against any claims or allegations of any third party
arising from Customer's use of such facilities. In addition, Intermedia shall
not be responsible, in any manner, to Customer for any failure(s) of any third
party services, and Intermedia's sole responsibility in case of any such
failure(s) shall be to reasonably assist Customer in obtaining relief from and
repair of such failure(s). Furthermore, Intermedia is not responsible for the
availability (or lack thereof) of any third party services, and lack of
availability shall not be grounds for any contractual relief whatsoever under
this Agreement.
8. Default; Indemnification.
A. In the event of failure of either Party to comply with any material
obligation of this Agreement, the other Party shall have the right to terminate
this Agreement upon thirty (30) days advance notice in writing, specifying the
default complained of. At the expiration of said 30 days, unless the Party in
default shall have cured or diligently commenced to cure, its default, the
other Party shall have the right at its election to terminate this Agreement
forthwith.
B. Customer shall indemnify and hold harmless Intermedia, its agents,
contractors, officers, directors and employees from and against any and all
claims, causes or damages, including injury or death to persons (including
claims from employees of Customer), or damage to property, both real and
personal, which may arise out of: (i) the presence of Customer's Equipment,
employees, contractors or agents at the Premises or in the Space; (ii) the
installation or removal of the Equipment from the Space; (iii) any inherent
defects in the Equipment; and (iv) the negligent or intentional acts or
omissions of Customer, its agents, employees or contractors.
9. Insurance; Limitation of Liability.
Intermedia provides no insurance coverage whatsoever for loss or damage to
any of the Equipment housed at its facility. Any such insurance coverage
desired or required by Customer shall be the sole responsibility thereof.
Furthermore, Intermedia shall not be responsible for loss or damage to
Customer's equipment regardless of how such loss or damage was caused, except
for gross negligence or willful misconduct by an employee, agent or
representative of Intermedia (not affiliated in any way with Customer).
IN NO EVENT SHALL INTERMEDIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR LOSS OF REVENUES OF CUSTOMER OR ANY THIRD PARTY,
WHETHER FORESEEABLE OR NOT, OCCASIONED BY ANY DEFECT IN ANY FACILITY PROVIDED
OR ARRANGED FOR CUSTOMER, OR THE PROVISION OF ANY SERVICE UNDER THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION, THE FURNISHING OF SPACE, OR FOR ANY OTHER CAUSE
WHATSOEVER, AND WHETHER PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES TO
INTERMEDIA HAS BEEN GIVEN.
Intermedia Communications Inc. CONFIDENTIAL
Collocation Agreement Page -5-
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INTERMEDIA HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO ANY SERVICES, FACILITIES OR SPACE PROVIDED OR
ARRANGED FOR CUSTOMER BY INTERMEDIA, INCLUDING BUT NOT LIMITED TO EQUIPMENT
HOUSING, ELECTRICAL SUPPLY OR TELECOMMUNICATIONS INTERCONNECTIONS.
Customer shall defend and indemnify Intermedia from any claims,
liabilities, losses, costs, or damages, including reasonable attorneys' fees
and costs, arising out of any transmission by Customer or any third party
authorized by Customer to utilize the equipment, that is libelous, slanderous,
an infringement of copyright, or which is otherwise illegal.
Customer will obtain and maintain, during the term of this Agreement and
any Collocation Schedule, insurance of the kinds and in the minimum amounts
specified below, or in amounts required by law, whichever is greater.
Intermedia may terminate this Agreement or any Collocation Schedule without
further notice in the event Customer fails to comply with requirements of this
section 9.
A. Worker's Compensation Insurance affording protection in accordance
with the Worker's Compensation Law of the State(s) in which the services are to
be performed.
B. Comprehensive General Liability Insurance in amounts not less than
$2,000,000 per occurrence with an annual aggregate of not less than $1,000,000
for bodily injury and $1,000,000 for property damage. Such insurance must
include coverage for liability assumed under this Agreement or any Collocation
Schedule, completed operations coverage and damage to the property of others in
the care, custody or control of the insured.
C. Such insurance policies shall, without limitation, cover claims
resulting from the operations of subcontractors and Customer shall require any
and all subcontractors to procure and maintain in good standing the same types
of insurance required by Customer.
D. Property and liability policies to be carried by Customer under this
Agreement shall name Intermedia as an additional insured. A certificate of such
insurance shall be delivered to Intermedia within ten (10) days after execution
of this Agreement by Customer. Renewals thereof shall be delivered to
Intermedia at a minimum of ten (10) days prior to the expiration of any such
policies. Each policy shall contain an agreement by the insurer that the
insurer will endeavor to provide Intermedia notice of any cancellation or
decrease in coverage of such policy upon thirty (30) days prior notice to
Intermedia.
10. Force Majeure. Neither party shall be deemed liable in any
respect (except to pay amounts due for services previously rendered) to the
other for any delay, interruption or failure in performance hereunder resulting
from causes beyond its reasonable control, including without limitation: fire,
flood, water, the elements, explosions, acts of God, war, accidents, labor
disputes, strikes, shortages of equipment or suppliers, failure of operational
environment (including without limitation, electrical utilities or air
conditioning), unavailability of transportation or other similar cause. In such
cases, either party shall have the right to terminate this Agreement or any
affected Collocation Schedule for any such cause that is not removed within
thirty (30) days of its first affecting
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INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
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performance hereunder. This provision shall not prevent either party from being
liable for a breach of its obligations hereunder, except if such party has
acted reasonably diligently to remove the cause preventing its performance.
11. Other Provisions.
A. Governing Law; Jurisdiction: This Agreement shall be governed
by,construed applied and enforced in accordance with the internal laws of the
State of Florida, except that no doctrine of choice of laws shall be used to
apply any law other than that of Florida, and no defense, counterclaim or right
of set-off given or allowed by the laws of any other state or jurisdiction, or
arising out of the enactment, modification or repeal of any law, regulation,
ordinance or decree of any foreign jurisdiction, be interposed in any action
hereon. The parties hereto expressly agree that any action, suit or other
proceeding brought by either party hereunder against the other arising out of
this Agreement shall be brought and maintained in those federal or state courts
located within Hillsborough County, Florida and Customer and Intermedia hereby
submit to the personal jurisdiction of those federal and state courts.
B. Assignment: Neither party may assign, sell or otherwise transfer its
rights or obligations under this Agreement without the prior written consent of
the other party; provided however, Intermedia may assign its rights and
obligations to an affiliate or pursuant to a sale of all or substantially all
of its assets.
C. Remedies Cumulative: The remedies provided in this Agreement shall be
cumulative, and the assertion by either party of any right or remedy shall not
preclude the assertion by such party of any other rights of the seeking of any
other remedies, including the recovery of damages.
D. Entire Agreement; Amendments: This Agreement represents the entire
agreement between Customer and Intermedia and supersedes any prior or
contemporaneous understanding or agreement with respect to the subject matter
hereof. Any amendment of the terms hereof shall not be valid unless reduced to
a writing signed by both parties.
E. Separability: The parties agree that each provision of this Agreement
shall be treated as a separate and independent clause, and the invalidity or
unenforceability of any one clause shall in no manner affect the validity or
enforceability of any of the other clauses hereof. If any one or more of the
provisions contained in this Agreement shall for any reason be held to be
excessively broad as to scope, activity or subject so as to be unenforceable at
law, such provision or provisions shall be construed by the appropriate
judicial body by limiting and reducing it or them so as to be enforceable to
the extent compatible with the applicable law as it shall then be in effect.
F. Counterparts: This Agreement may be executed in any number of
counterparts, some of which may be photocopies and all of which taken together
shall constitute one and the same instrument.
G. Not a Lease. Customer understands and agrees that it is not a tenant
of Intermedia, and that this Agreement is not a lease and is not intended to,
and shall not be deemed to, grant Customer any property rights in the Space. In
the event, however, that this Agreement is construed by the owner of the
Building in which the Premises are located to be such a grant, Customer agrees
to either enter into an agreement with the owner of the Building, or to
promptly remove the Equipment, and that Intermedia shall have no further
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INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
COLLOCATION AGREEMENT Page-7-
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liability to Customer in such case. Customer further understands and agrees
that it may not sublet or resell any of the Space, or otherwise make it
available to any third party.
H. Notices: All notices, demands, consents, requests and approvals given
by either party to the other hereunder shall be in writing and shall be
personally delivered or sent by registered or certified mail, return receipt
requested, postage prepaid, to the parties at the following addresses:
If to Intermedia: If to Customer:
Intermedia Communications Inc. XXXxxxx.Xxx
Mail Code FLT-HQ5 0000 X. 00xx Xxxxxx
Xxx Xxxxxxxxxx Xxx Xxxxx 000
Xxxxx, Xxxxxxx 00000-0000 Xxxxxxx, XX 00000
Attn: Contract Administration Attn: Xxx Xxxxxx, EVP
I. Headings: The headings and section titles in this Agreement are
inserted for convenience only and shall not affect the meaning or
interpretation of this Agreement or any article or provision hereof.
By their authorized signatures below, the parties hereto have signed and
executed this Agreement effective on the date first written above.
XXXXXXX.XXX
INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
COLLOCATION AGREEMENT PAGE -8-
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I. Headings: The headings and section titles in this Agreement are
inserted for convenience only and shall not affect the meaning or
interpretation of this Agreement or any article or provision hereof.
By their authorized signatures below, the parties hereto have signed and
executed this Agreement effective on the date first written above.
XXXXXXX.XXX
By: /s/ X.X. Xxxxxx
Name: X.X. Xxxxxx
Title: EVP Operations
INTERMEDIA COMMUNICATIONS INC.
By: /s/ Xxx Xxxxxx
Name: Xxx Xxxxxx
Title: Dir - Local Transport
INTERMEDIA COMMUNICATIONS INC. CONFIDENTIAL
COLLOCATION AGREEMENT PAGE -8-
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COLLOCATION SCHEDULE A
This Collocation Schedule is effective for the designation Collocation Site as
of this date, June 6, 2000, and is subject to all terms and conditions of the
master Collocation Agreement executive between INTERMEDIA and XXXxxxx.Xxx on
June 6, 2000. Customer commits to maintain a minimum Three Thousand ($3,000.00)
per month per rack or cabinet in associated Intermedia Services. Rack or cabinet
charges and any authorized Pass Through services from LEC or other providers do
not count towards the minimum.
1) Address of Collocation Site:
0000 XX 00xx Xxx., Xxxxx, XX 00000
2) Type of Collocation:
Cabinets 1
Racks 0
3) Monthly Collocation Recurring Fees
$525 per Cabinet
4) Additional Monthly Collocation Fees (NONE)
5) Collocation Non-Recurring Fees $1500
6) Technical Support Level Chosen [X] Standard [ ] Optional [ ] Custom
7) Escort Services. Escort Service is [ ] Required [X] Optional each time
Customer obtains access to this collocation facility.
8) Requested Service Date July 15 or soonest possible
9) Minimum Term 3 Yr.
10) Renewal Period 1 year
11) Exhibits to this Schedule depict the actual collocation facilities, work
tasks and applicable special terms and conditions and dispatch labor
charges and collectively are contained within the framework of this
agreement.
XXXXXXX.XXX INTERMEDIA COMMUNICATIONS INC.:
By /s/ X.X. Xxxxxx By /s/ Xxx Xxxxxx
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Date 6/14/00 Date 6/23/00
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EXHIBIT 1 To COLLOCATION SCHEDULE A
FACILITY DRAWINGS
(to be attached)
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EXHIBIT 2 To COLLOCATION SCHEDULE A
General Description of INTERMEDIA Work Tasks:
General Description of Customer Work Tasks:
Special Terms and Conditions:
Facilities collocation customer must:
- Adhere to INTERMEDIA facilities interconnection policies,
- Furnish INTERMEDIA with a one year forecast of space power and entrance
facility requirement,
- Give 24 hour prior notification to INTERMEDIA for escorted location
access (except in emergency situations),
- Have equipment which conforms to INTERMEDIA equipment installation
procedures,
- Negotiate with Telco or other vendors for the provision of inside wire
when required,
- Give ten (10) working days prior notification to INTERMEDIA of dates
for equipment shipment to either existing or new locations,
- Ensure that all customer equipment shipped to the location must require
inside delivery and be clearly labeled and contain all necessary
documentation (INTERMEDIA does not have available the necessary
equipment to move large items),
- Alert the technical staff when a visual inspection is required and
provide direction to the staff who are performing routine technical
assistance,
- Provide their own rack-mounted AC power back-up (where desired),
- Make a conscious decision on the option of locking cabinets and open
racks, and
- Understand that agreements are coterminous.
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EXHIBIT 3 TO COLLOCATION SCHEDULE A
Dispatch Labor Charges
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Standard Technical Support Part of standard facilities collocation
service at manned sites (4 Hour maximum,
then $85/Hr.)
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Optional Technical Support $85/Hr. (4 Hour Minimum @ Unmanned Sites)
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Customized Technical Support $100/Hr. (4 Hour Minimum @ Unmanned Sites)
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Technical Support
INTERMEDIA offers three levels of technical support services for its facilities
collocation customers. This support is only available at manned sites. Manned
sites are defined as INTERMEDIA COs where technical support personnel work on a
full time basis and/or are available for after hours support. A standard level
of technical support is provided with the facilities collocation service.
OPTIONAL OR CUSTOM LEVELS OF SUPPORT MUST BE REQUESTED AT THE TIME OF ORDERING.
SPECIFICS OF THE SUPPORT PROVIDED ARE NEGOTIABLE.
Any requested technical support services which exceed the normal levels of
service are charged in addition to the base facilities collocation cost. A field
service authorization form must be signed by the customer to verify hours for
billing the customer for all of the service levels.
STANDARD TECHNICAL SUPPORT:
The standard facilities collocation service includes the visual inspection of
customer equipment during the normal work week of Monday through Friday and
normal business hours of 8:30 AM to 5:30 PM (AT MANNED SITES ONLY). This level
of support excludes all INTERMEDIA designated holidays and unmanned sites. The
customer must request visual inspection, however, because INTERMEDIA will not
proactively monitor the customers' equipment. Upon receiving such a request, the
INTERMEDIA technician will, per the customer's instruction, visually inspect the
equipment and promptly report the results back to the customer. A visual
inspection can quickly pinpoint a system problem based on status indicators
commonly located on the front panel of the customer's equipment. At the
customer's specific request, INTERMEDIA will also reboot the equipment for the
customer.
TECHNICAL SUPPORT PLUS:
Technical Support Plus services provide an added level of routine test
assistance to facilities collocation customers during normal business hours. As
with standard support, INTERMEDIA performs Technical Support Plus under the
customer's direction. This more specialized assistance requires that INTERMEDIA
technicians obtain a working knowledge of the customer's equipment and its
operational characteristics. INTERMEDIA can only obtain this level of customer
equipment knowledge from equipment documentation provided by the customer and
physical demonstration of actions to be performed. Technical Support Plus is an
optional feature which is billed in hourly increments and limited to card change
outs, rebooting and swapping cables.
CUSTOMIZED TECHNICAL SUPPORT:
INTERMEDIA can provide customized levels of technical support on an individual
case basis during normal business hours. The customer must uniquely define the
required support in a statement of work for each location where required.
INTERMEDIA cannot change-out equipment
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chip sets, software rev levels, or exchange equipment. Some of the technical
support activities INTERMEDIA can perform for the customer includes:
- INTERMEDIA installation, operation and maintenance of specific customer
equipment,
- INTERMEDIA build out and monitoring of special power requirements equipment,
and
- INTERMEDIA limited repair services for specific equipment.
Each statement of work must define in great detail the responsibilities of both
INTERMEDIA and the customer. This definition must include who will perform
which part or all of the work and detail the upfront and recurring charges. The
specific level of technical support required in respective installation,
operation, or maintenance activities must be detailed for each piece of
equipment. These details must also address the level of specialized training
required by INTERMEDIA technical staff. The customer must provide INTERMEDIA
with 48 hour notification for contracted but non-scheduled work including joint
access to the equipment with the customer. A four hour minimum is required on
call outs of INTERMEDIA personnel at the standard service rate. INTERMEDIA
assumes no liability with the performance of its maintenance services.
