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HomeMy WebLinkAbout2001-052 AFN Agrmt - WebRingashlond fiber network f n TA SERVICES AGREEMENT Agreement between the City of Ashland by and through its Department of Electric Utilities, Ashland Fiber Network Division ("AFN") and Customer named below for ofnDATA services ("Data Services") on AFN's telecommunications system through its fiber optic network (the "network" or "system"). Customer Name: tA~/¢_..~ ~,/.-1~i; ~"~//c%, Billing Address: '~ ~O ~ %'~ Premises Address (if different): ,~l~u/-ci ~ ~'ST'b~¢i ~ ~.C,/~ , ~ , ~ata Semites Rat~ ,,~.~ ' ~ Installatian Okarge:~g~bps $ 75~.gg ~ 10Mbps + ~IP addresses = $ ~ /month I D 100Mbps $1,250.00 B 100Mbps + ~ IP addresses = $ /month ~ ~ Custom $ 1. SERVICES. Customer shall purchase and AFN shall provide to Customer: 1.1. DATA SERVICES. Data Services permit access by Customer to AFN's telecommunications system at the point of delivery located in the Customer's premises described above. The point of delivery is that location where the network and Customer's system are interconnected. 1.2. INSTALLATION SERVICES. Installation services consist of coordinating with Customer the necessary engineering, site survey, system configuration and other services necessary to provide Customer Data Services. These services shall be provided up to the date that the service testing is completed based on AFN's customary testing procedures and the service is available to the Customer ("the service acceptance date"). In addition, AFN will install such wiring, switches, routers, cabinets or other equipment ("collectively referred to as "AFN facilities") necessary to connect Custom er's facilities to the network. 2. TERM. This agreement will be effective upon the date executed by AFN and shall continue for one year, unless sooner terminated as provided in this agreement. In the event written notice is not given by either party to terminate this agreement at least 30 days prior to the termination date, this agreement shall be extended for successive one year periods on the same terms and conditions except for the rate specified in section 3. The rate for each extension period shall be the rate then in effect, as published by AFN, at least 45 days prior to the termination date. 3. CHARGES. 3.1. DATA SERVICES RATE. From the service acceptance date, Customer shall pay the rate specified above for each month of service. If the service does not begin on the first day of a billing cycle, then payments for the first month shall be prorated on a daily basis. All sums shall be paid within 20 days after the date of the monthly billing for services (the "due date"). 3.2. INSTALLATION SERVICES CHARGE. Customer shall pay the installation charge specified above for the installation services provided by AFN which charges shall be due and payable upon execution of this agreement (the "due date"). 3.3. LATE PAYMENTS, DEPOSIT. Payments received after the due date may be subject to a charge of 1 ½% per month on the unpaid balance at the discretion of AFN AFN may require Customer to pay a deposit in advance of the provision of any service. Any such deposit shall be held by AFN in a non-interest bearing account and used to satisfy (in whole or in part) any obligation of Customer under this agreement. 4. SERVICE LEVELS. AFN will exercise reasonable efforts to provide service on a 24-hour-a-day, 7-day-per-week basis. Customer understands and acknowledges that AFN does not warrant that its service will be provided without interruption. Customer also understands that the rates and speed for this service is based on the utilization of burstable data transmission methodology where the full bandwidth contracted for is to be utilized in bursts only and not continuously. AFN may monitor Customer's bandwidth utilization in order to ensure that Customer's 1 - OfnDATA Services Agreement (p:\tele\forms~AFN Data Se~ices k wpd)(5199)