Common use of Installation Waiver Clause in Contracts

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE and (ix) Enhanced Call Routing. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COC: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection charges during the Term. Payment Arrangements: The Customer must pay for Company service within 30 days of the date of Company’s invoice. Participation by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greater, may purchase Services pursuant to the Agreement. Customer will remain financially responsible to Company for all obligations incurred by Customer Affiliates. The Services are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates will have no direct recourse to Company and will direct all matters relating to ordering, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates will be deemed a use of the Services by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – v3.0

Appears in 1 contract

Sources: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; Agreement except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (viv) Data Center, (viv) Paging, (viivi) Managed Services, (viiivii) CPE and (ix) Enhanced Call RoutingCPE. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COCQualifying Conditions: The In order to be eligible to receive Company will waive service under this option, the Customer must satisfy the following requirements at the time of option enrollment: Customer is a new customer of the Company. Customer has at least (2) 10M Burstable Select Internet circuits. Customer must have billed at least $50,000 in conferencing usage with all vendors combined in the month immediately preceding the 5th Amendment Effective Date. Customer must have been billed $5,000 per month, on average, with the Company Conferencing in the six (6) months preceding the 5th Amendment Effective Date. Customer must currently have an average monthly spend of $100,000 or more than Company Services. Network Access ordered and installed by Customer in a CLLI code mutually agreed upon by the Customer and the Company is located in a Company LIT facility. Customer’s monthly recurring Access Coordination Dedicated Internet, Domestic Private Line, VoIP, EVPL and Central Office Connection charges Local Services are all new services to the Company. Monitoring Conditions: In order to be eligible to receive the Company service under this option, the Customer must satisfy the following conditions during each annual period of the Term. Payment Arrangements: The Customer must pay for Company service within 30 days of order and install at least 2 Type 1, 1,000 Mbps Converged Ethernet Access (“CEA”) circuits in addition to the date of Company’s invoice. Participation Type 3 circuit at 1 CLLI code mutually agreed upon by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greaterand the Company. Should the Customer not satisfy this condition, may purchase Services pursuant Company reserves the right to monitor Customer’s account and to revise the Agreement. Customer will remain financially responsible to Company for all obligations incurred by Customer Affiliates. The Services are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates will have no direct recourse to Company and will direct all matters relating to ordering, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates will be deemed a use of the Services by CustomerType 3 CEA circuit rate. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Lit Building Access Promotion General Installation Waiver Promotion – v3.0V3.0 Initial Term: 24 months Commencing on the 4th Amendment Effective Date, the Initial Term will start anew and continue for 36 months following the expiration of the Ramp Period. Optional Renewal Term: Customer, at its sole discretion may extend the Agreement for one (1) additional one (1) year Term (“Renewal Term’). Customer must provide Company written notice of Customer’s intent to extend the Agreement no later than ninety (90) days prior to the expiration of the Initial Term. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice.

Appears in 1 contract

Sources: Service Agreement

Installation Waiver. Company will waive the one-time installation charges and other one-time, non-recurring, standard (non-expedite) Company Business imposed charges associated with the implementation of Company Business Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (viv) Data Center, (viv) Paging, (viivi) Managed Services, (vii) CPE, and (viii) CPE and (ix) Enhanced Call RoutingAdvantage VOIP Services. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any access or egress (or related) charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COCANI SERVICE DELIVERY WAIVER: The Company will waive $0.01 charge for ANI Delivery is waived for the Customer’s monthly recurring Access Coordination and Central Office Connection charges during the Term. Payment Arrangements: The Customer must pay for Company service within 30 days Term of the date of Company’s invoice. Participation by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greater, may purchase Services pursuant to the Agreement. Signing Bonus. Customer will remain financially responsible receive a credit in the amount of $40,000.00 to Company for all obligations incurred by Customer Affiliatesbe applied in the 3rd monthly period following the contract effective date of the agreement. The Services are intended solely signing bonus will be applied against customer's designated total service charges incurred for interstate and international Company Business Option 1, Option 2 and Option 3 services and any other services mutually agreeable by Company Business and customer, provided the use and benefit of Customer and Customer Affiliatescredit is applied to no more than 10 customer account numbers per month. Customer Affiliates will have no direct recourse designate, in writing, within 2 calendar weeks from achievement notification where credits are to Company and will direct all matters relating be applied in full against usage charges incurred within a period of x months (not to orderingexceed 8 months). Posting of credits cannot occur until final account direction is given. If written customer direction is not provided within two calendar weeks, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates credit will be deemed applied to the oldest customer balances. Billing Adjustment Credit. Customer will receive a use of the Services by Customer. Promotions: The Customer is eligible for the following promotions as set forth one-time billing credit in the Guide: General Installation Waiver Promotion – v3.0amount of $230,000.00 to be applied in the 3rd monthly period following the Ramp Period. The billing credit will be applied against customer's designated total service charges incurred for interstate and international Company Business Option 1, Option 2 and Option 3 services and any other services mutually agreeable by Company Business and customer, provided the credit is applied to no more than 10 customer account numbers per month. Customer will designate, in writing, within 2 calendar weeks from achievement notification where credits are to be applied in full against usage charges incurred within a period of x months (not to exceed 8 months). Posting of credits cannot occur until final account direction is given. If written customer direction is not provided within two calendar weeks, the credit will be applied to the oldest customer balances.

Appears in 1 contract

Sources: Service Agreement

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this the Agreement; except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (viv) Data Center, (viv) Paging, (viivi) Company Managed Services, (viii) CPE and (ixvii) Enhanced Call RoutingCPE. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), services provided by ILECs or by Company Wireless, taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COC: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection charges during the Term. Payment Arrangements: The Customer must agrees to pay for all Company service charges (except disputed amounts, as defined in the Agreement) within 30 thirty (30) days of the date of Company’s invoice. Participation by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greater, may purchase Services pursuant to the Agreement. Customer will remain financially responsible to Company for all obligations incurred by Customer Affiliates. The Services are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates will have no direct recourse to Company and will direct all matters relating to ordering, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates will be deemed a use of the Services by Customerinvoice date. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver On the Network V Cross Connect Promotion – v3.0On the Network V Lit Building Access Promotion Initial Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $215,000 in Total Service Charges during each twelve-month period after the Effective Date. Commencing on the 3rd Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be as follows in Total Service Charges, or a pro rata portion thereof for any partial Contract Year: Year 1 - $ 720,000 Year 2 - $1,000,000 Year 3 - $1,200,000 Total Service Charges means all charges, after application of all discounts and credits, incurred by Customer for Service provided under this Agreement, excluding: Taxes, Governmental Charges, equipment; Company ILEC, Company Wireless, Document Delivery Fax, non-recurring charges, charges incurred for goods and services acquired by Company as Customer’s agent for customer, international pass-through access charges (i.e., Type 3/PTT) and charges for international service provided by Company (i.e., Type 1) and other charges expressly excluded by this Agreement.

Appears in 1 contract

Sources: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; Agreement except for the following Services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE and (ix) Enhanced Call Routing. Usage ECR Service usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COCThe Company will waive the Customer’s monthly recurring M13 Office Function charge. The Company will waive the Customer’s monthly recurring charge associated with paper invoices. Access: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection charges. The Company will waive the monthly recurring charges during per service group for Inbound Voice Service using Dedicated Access Line terminations and the Termmonthly recurring charges per service group for Inbound Voice Service using Business Line terminations. Payment Arrangements: The Customer must agrees to pay for all Company service charges (except Disputed amounts) within 30 thirty (30) days of the date of Company’s invoice. Participation by Affiliates: Affiliates receipt of the Customerinvoice by Customer (“Invoice Due Date”). Undisputed amounts not paid on or before the Invoice Due Date shall be considered past due, and Customer agrees to pay a late payment charge which shall accrue beginning on the forty-sixth (46th) day after receipt of the invoice by Customer in which the Customer has an equity ownership interest of fifty-one percent (51%) or greater, may purchase Services pursuant amount equal to the Agreement. Customer will remain financially responsible to Company for all obligations incurred by Customer Affiliates. The Services are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates will have no direct recourse to Company and will direct all matters relating to ordering, delivery, availabilitylesser of: (a) 1.5% per month, or quality of services to Customer. Use of (b) the Services maximum amount allowed by Customer Affiliates will be deemed a use of applicable law, or (c) where otherwise required in the Services by Customer. Promotions: The Customer is eligible for Tariffs, the following promotions as amount set forth in the GuideTariffs as applied against the past due amounts. Term: General Installation Waiver Promotion – v3.024 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $45,000.00 in Total Service Charges

Appears in 1 contract

Sources: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services Services, provided by Company affiliates, as applicable on behalf of the Company, within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / PTT/third party services (including International Access and Company Verizon International), (v) Data Center, (vivii) Paging, (vii) Managed Services, (viii) CPE and CPE, (ix) Voice Over IP Services, (x) Enhanced Call RoutingRouting and (x) Security Services. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COC: The Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection charges during the Term. Payment Arrangements: The Customer must pay for Company service within 30 days of the date of the Company’s invoice. Participation by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greater, may purchase Services pursuant to the Agreement. Customer will remain financially responsible to Company for all obligations incurred by Customer Affiliates. The Services are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates will have no direct recourse to Company and will direct all matters relating to ordering, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates will be deemed a use of the Services by Customer. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: General Installation Waiver Promotion – v3.0MCI Business Services Billing Guarantee MCI Business Services Install Guarantee Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will be extended for a period of 24 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $24,000.00 in Total Service Charges (“AVC”) during each contract year of the Term. Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s new AVC will be $200,000 in Total Service Charges, or a pro rata portion thereof for any partial Contract Year.

Appears in 1 contract

Sources: Amendment 28

Installation Waiver. Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; Agreement except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company International), (viv) Data Center, (viv) Paging, (viivi) Managed Services, (viiivii) CPE and (ix) Enhanced Call RoutingCPE. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COCQualifying Conditions: The In order to be eligible to receive Company will waive service under this option, the Customer must satisfy the following requirements at the time of option enrollment: Customer is a new customer of the Company. Customer has at least (2) 10M Burstable Select Internet circuits. Customer must have billed at least $50,000 in Conferencing usage with all vendors combined in the month immediately preceding the 5th Amendment Effective Date. Customer must have been billed $5,000 per month, on average, with the Company Conferencing in the six (6) months preceding the 5th Amendment Effective Date. Customer must currently have an average monthly spend of $100,000 or more than Company Services. Network Access ordered and installed by Customer in a CLLI code mutually agreed upon by the Customer and the Company are located in a Company LIT facility. Customer’s monthly recurring Access Coordination Dedicated Internet, Domestic Private Line, VoIP, EVPL and Central Office Connection charges Local Services are all new services to the Company. Monitoring Conditions: In order to be eligible to receive the Company service under this option, the Customer must satisfy the following conditions during each annual period of the Term. Payment Arrangements: The Customer must pay for Company service within 30 days of order and install at least 2 Type 1, 1,000 Mbps Converged Ethernet Access (“CEA”) circuits in addition to the date of Company’s invoice. Participation Type 3 circuit at 1 CLLI code mutually agreed upon by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greaterand the Company. Should the Customer not satisfy this condition, may purchase Services pursuant Company reserves the right to monitor Customer’s account and to revise the Agreement. Customer will remain financially responsible to Company for all obligations incurred by Customer Affiliates. The Services are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates will have no direct recourse to Company and will direct all matters relating to ordering, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates will be deemed a use of the Services by CustomerType 3 CEA circuit rate. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: On the Network V Lit Building Access Promotion General Installation Waiver Promotion – v3.0V3.0 Initial Term: 24 months Commencing on the 4th Amendment Effective Date, the Initial Term will start anew and continue for 36 months following the expiration of the Ramp Period. Optional Renewal Term: Customer, at its sole discretion may extend the Agreement for one (1) additional one (1) year Term (“Renewal Term’). Customer must provide Company written notice of Customer’s intent to extend the Agreement no later than ninety (90) days prior to the expiration of the Initial Term. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice.

Appears in 1 contract

Sources: Service Agreement

Installation Waiver. Company Verizon will waive the one-time installation charges and other one-time, non-recurring, standard (non-expedite) Verizon Business imposed charges associated with the implementation of Verizon Business Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following Servicesservices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Company Verizon International), (viv) Data Center, (viv) Paging, (viivi) Managed Services, (vii) CPE, and (viii) CPE and (ix) Enhanced Call RoutingAdvantage VOIP Services. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any access or egress (or related) charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. AC/COCANI SERVICE DELIVERY WAIVER: The Company will waive $0.01 charge for ANI Delivery is waived for the Customer’s monthly recurring Access Coordination and Central Office Connection charges during the Term. Payment Arrangements: The Customer must pay for Company service within 30 days Term of the date of Company’s invoice. Participation by Affiliates: Affiliates of the Customer, in which the Customer has an equity ownership interest of fifty-one percent (51%) or greater, may purchase Services pursuant to the Agreement. Signing Bonus. Customer will remain financially responsible receive a credit in the amount of $40,000.00 to Company for all obligations incurred by Customer Affiliatesbe applied in the 3rd monthly period following the contract effective date of the agreement. The Services are intended solely signing bonus will be applied against customer's designated total service charges incurred for interstate and international Verizon Business Option 1, Option 2 and Option 3 services and any other services mutually agreeable by Verizon Business and customer, provided the use and benefit of Customer and Customer Affiliatescredit is applied to no more than 10 customer account numbers per month. Customer Affiliates will have no direct recourse designate, in writing, within 2 calendar weeks from achievement notification where credits are to Company and will direct all matters relating be applied in full against usage charges incurred within a period of x months (not to orderingexceed 8 months). Posting of credits cannot occur until final account direction is given. If written customer direction is not provided within two calendar weeks, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates credit will be deemed applied to the oldest customer balances. Billing Adjustment Credit. Customer will receive a use of the Services by Customer. Promotions: The Customer is eligible for the following promotions as set forth one-time billing credit in the Guide: General Installation Waiver Promotion – v3.0amount of $230,000.00 to be applied in the 3rd monthly period following the Ramp Period. The billing credit will be applied against customer's designated total service charges incurred for interstate and international Verizon Business Option 1, Option 2 and Option 3 services and any other services mutually agreeable by Verizon Business and customer, provided the credit is applied to no more than 10 customer account numbers per month. Customer will designate, in writing, within 2 calendar weeks from achievement notification where credits are to be applied in full against usage charges incurred within a period of x months (not to exceed 8 months). Posting of credits cannot occur until final account direction is given. If written customer direction is not provided within two calendar weeks, the credit will be applied to the oldest customer balances.

Appears in 1 contract

Sources: Service Agreement