The following additional terms and conditions are applicable to Sales Orders for Onemind’s Ethernet Dedicated Internet Service
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.
“Estimated Availability Date” means the target date for delivery of Service.
“HFC Network” means a hybrid fiber-coax network
“Interconnection Facilities” means transmission capacity provided by OneMind, Customer or a third-party supplier to extend the OneMind Equipment from a OneMind terminal to any other location (e.g., a local loop provided by a local exchange company or other communications company).
“Off-Net” means geographical locations that are outside of Onemind’s service area and/or geographical locations that are within Onemind’s service area generally, but are not readily accessible by Onemind network facilities. All Off-Net Services are provided by third-party service providers. Off-Net Services provisioned over a fiber-optic network are referred to as “Off-Net Fiber.”
“On-Net” means geographical locations where Onemind currently provides Services through its OneMind network. On-Net Services may be provisioned over a fiber-optic network (“On-Net Fiber”), or via an HFC Network (“On-Net HFC”), as available through OneMind.
“Service(s)” means Ethernet Dedicated Internet Services.
This attachment shall apply to Ethernet Dedicated Internet Service. A further description of the Service is set forth in Schedule A-1 hereto which is incorporated herein by reference.
On-Net Service shall be provided by Onemind Business Communications, LLC.
On-Net Service provided over the HFC Network and Off-Net Services is available in a limited number of markets.
For information on service availability, call 408-540-6771 OPTION 5.
Once OneMind accepts a Sales Order for Services, OneMind will invoice the Customer for all Custom Installation Fee(s). Customers will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Sales Order.
Following its acceptance of a Sales Order, OneMind shall notify the Customer of the Estimated Availability Date applicable to that Sales Order. OneMind shall use commercially reasonable efforts to provide the Services on or before the Estimated Availability Date; provided, however, that Onemind’s failure to the provision by said date shall not constitute a breach of the Agreement.
OneMind shall inform Customer when Service is available and performing in accordance with the “Technical Specifications” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify OneMind that the Service does not comply materially with the Technical Specifications (defined in Article 8); or (C) the date on which Customer first uses the Service. In the event that a Service Term has not been expressly set forth in a Sales Order, the Service Term for such Sales Order shall be twelve(12) months
The charges set forth or referenced in each Sales Order have been extended to the Customer in reliance on the Service Term.
6.2Termination Charges for On-Net Services.
In the event that On-Net Service is terminated following Onemind’s acceptance of the applicable Sales Order, but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by OneMind in installing or preparing to install the On-Net Service plus twenty percent (20%).
In the event that On-Net Service is terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to a percentage of the monthly recurring charges remaining for the unexpired portion of the then-current Service Term, calculated as follows: (i) 100% of the monthly recurring charges with respect to months 1-12 of the Service Term; plus (ii) 80% of the monthly recurring charges with respect to months 13-24 of the Service Term; plus (iii) 65% of the monthly recurring charges with respect to months 25 through the end of the Service Term; plus (iv) 100% of any remaining, unpaid Custom Installation Fees.
Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by OneMind through the date of cancellation or termination.
Termination Charges for Off-Net Services. In the event Customer terminates Off-Net Service following Onemind’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees. Customer shall also pay any third-party service provider ancillary fees incurred by Onemind due to the early termination of Service by the Customer.
6.3Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Onemind’s material and uncured breach in accordance with the General Terms and Conditions.
6.4Portability. Customer may terminate an existing On-Net Service (an “Existing Service”) and turn up a replacement On-Net Service (i.e., activate Service with termination points on Onemind’s network that are different than those of the Existing Service) (a “Replacement Service”) without incurring Termination Charges with respect to the Existing Service, provided that: (a) the Replacement Service must have a Service Term equal to or greater than the remaining Service Term of the Existing Service, but in no event less than twelve (12) months; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Onemind for the Replacement Service within ninety (90) days after termination of the Existing Service and that Sales Order is accepted by Onemind; (d) Customer reimburses Onemind for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Onemind in installing and provisioning the Replacement Service.
6.5Upgrades. Customer may upgrade the speed or capacity of an Existing Service without incurring Termination Charges, provided that: (a) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service, but in no event less than twelve (12) months; (b) the Upgraded Service must have the same points of termination on Onemind’s network as the Existing Service; (c) Customer submits a Sales Order to OneMind for the Upgraded Service and that Sales Order is accepted by OneMind; (d) Customer pays Onemind’s applicable nonrecurring charges for the upgrade; and (e) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade. Upgrades to Off-Net Services are subject to the applicable third-party service provider rules and availability. OneMind has no obligation to upgrade the Customer’s Off-Net Service.
As necessary for the interconnection of the Service with services provided by third parties, OneMind may request (as applicable), and the Customer will provide to OneMind, circuit facility assignment information, firm order commitment information, and design layout records necessary to enable OneMind to make the necessary cross-connection between the Service and Customer’s other service provider(s). OneMind may charge Customer nonrecurring and monthly recurring cross-connect charges to make such connections.
The technical specifications applicable to the Service are set forth in Schedule A-1 hereto (“Technical Specifications”). The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto and incorporated herein by reference.