F17: Dedicated Internet Access
formerly
With Offices at:
275 Kenneth Drive, Suite 100
Rochester, NY 14623
Send new orders to:
neworders@globalinx.com
Phone: 866-999-1133
Fax: 800-754-1291
5383 Hollister Ave, Suite 100
Goleta, CA 93111
www.GLOBALINXsolutions.com
Send adds, moves & changes to:
salessupport@globalinx.com
Phone: 866-999-1133
Fax: 800-754-1291
This service agreement is between GLOBALINX® and:
(Write in name of customer below)
Agent ID#:
Sub-Agent#:
Date:
Promo Code:
CUSTOMER/INSTALLATION INFORMATION
New Customer
Existing Customer, Account#:
(F01 Order Form Required)
Company:
Physical Address:
Billing Telephone Number (BTN):
City:
Is Installation Site A Manned Site?:
Yes
Describe Installation Address/Location:
State:
Zip:
No
CUSTOMER CONTACT Required
Contact:
Email Address:
Phone:
Cell:
Fax:
Phone:
Cell:
Fax:
VENDOR CONTACT Required
Contact:
Email Address:
RATES & CHARGES
Quote Information
Monthly Recurring Charges (MRC)
GLOBALINX® Quote #
Pricing Valid for 30 Days
GLOBALINX® Quote Date:
Priority Access (Qwest DS-1 Only)
Local Loop:
Port:
Yes
No
Non-Recurring Charges (NRC)
Loop:
Port:
$75 (Waived if added with New Order)
$75.00
CARRIER INFORMATION
Underlying Local Carrier: Enter/Type Name
Term Commitment:
Carrier: Choose Carrier
Choose Term Limit
Quantity:
Requested Installation Date:
Expedite Order:
Yes
No
Expedite Fee: $
CIRCUIT INFORMATION
Circuit Type:
DS-1
DS-3
OC3
Fast Ethernet (100 MB)
Gigabit Ethernet (1 GB)
Other:
GLOBALINX®
Local Loop Provider:
(see pricing above)
Customer Provided Access (see pricing below)*
Provided Access
* LEC Entrance Fees May Apply - Quote Required
MRC:$
NRC: $
Loop Provider Contact:
Phone:
Encapsulation Method:
Customer AS# (Please specify):
Type of Router:
Type of Routing:
Additional Services:
Cell:
BGP-4 Configuration
Static
BGP
Domain Name Registration
Circuit Type (if I.A. submit F.S.):
Concatenated:
Yes
No
Dedicated Internet Access Agreement F17
Routing Comment:
IP Addresses
Other:
Line Coding/Framing:
Protected:
Page 1 of 6
Yes
No
Rev. 12/13/2010
SERVICE INFORMATION
Speed:
1+1 Optical Protection:
Yes
Dual Entrance at the Customer Premises:
Line Coding & Framing:
No
Yes
No
Local Loop Mileage:
Diverse Fiber Routing:
Yes
NPA / NXX:
/
OC3
concatenated
No
non concatenated
IP INFORMATION / ADDRESSING
Is Customer an ISP:
Yes
No
New IP Addresses Required:
Yes
4 CIDR/30
8 CIDR/29
No
16 CIDR/28
256 CIDR/24
512 CIDR/23
Existing Portable Customer IP Address:
Customer’s ISP:
If Yes, Quantity of New IP Addresses:
32 CIDR/27
64 CIDR/26
1024 CIDR/22
128 CIDR/25
2048 CIDR/21
4096 CIDR/20
How Many are Portable
Portable IP Address
Portable IP ISP
SUBNET INFORMATION
Subnet Number
Subnet Mask
Hosts in 3
Months
Hosts Today
Usage
CIDR
Max # of Hosts
Per Subnet
GLOBALINX® DOMAIN NAME SERVICES
Domain Name Service Provided by:
Operating System:
Secondary DNS Required:
Primary DNS Required:
Number of Domain Names to be Serviced:
Domain Names To Be Serviced
ROUTING INFORMATION
BGPx Routing Required:
Number of Autonomous System Numbers for BGPx:
Autonomous System Numbers For BGP
Multi-Homed Information
Multi-Homed:
ISP
Routing Policy:
Multi-homing Type:
Connection Type
Type of Router
BGPx Feed Type:
Do You Have BGP Customers:
Autonomous System Numbers For Customers
Dedicated Internet Access Agreement F17
Page 2 of 6
Rev. 12/13/2010
TERMS & CONDITIONS
1.
SERVICE DESCRIPTION
1.1
This Agreement sets forth the description of GLOBALINX ® Communications Dedicated Internet Access service
(referred to herein as the “Service” or the “DIA Service”). GLOBALINX® and the selected underlying carrier (“the Carrier”)
will provide the Service pursuant to the terms and conditions of this F17 Agreement and the terms and conditions set forth
in the F01 Order Form & Service Agreement.
1.2
The DIA Service is comprised of the following service components and features, and will vary depending upon the
dedicated Internet access port (“DIA Port”) that Customer orders: (i) a dedicated, high-speed network connection to the
Internet from the designated carrier point of presence (“POP) from the designated carrier’s domestic U.S. Internet
Protocol Network (“IP Network”); and (ii) routing services, based upon the Transmission Control Protocol/Internet Protocol
(“TCP/IP”) and (iii) local access when ordered through GLOBALINX® as defined in Section 1.3. The specific bandwidth
and, therefore, the speed or rate at which Customer may transmit and receive data via its Internet connection will vary
depending upon the DIA capacity that Customer orders. The Service provided hereunder is subject to the designated
carrier’s SLA, which is effective as of the first day of the second month after initial installation of Services.
1.3
“Local Access Service” can consist of one of the following: GLOBALINX ®’s Carrier Provided Access” or “Customer
Provided Access”.
(i) “GLOBALINX®’s Carrier Provided Access” consists of a “Leased Local Loop Circuit”, and is defined in Section 1.3.1.
(ii) “Customer Provided Access” can be provided via “Dedicated Facilities” and is defined in Section 1.3.2.
1.3.1 “Leased Local Loop Circuit” means Carrier provided local access circuit ordered and leased from another carrier
(specific carrier chosen is at the sole discretion of Carrier) by GLOBALINX® and the Carrier, on behalf of the Customer.
Leased Circuits are available in DS-1, DS-3, OC-3, OC-12, OC-48, 100Mbps Fast Ethernet and 1000Mbps Gigabit
Ethernet circuit types. A Local Loop Circuit will terminate at the common telecommunications facility or meet-me point
within the Service Address.
1.3.2 ”Customer Provided Local Access” or “CPA” refers to Customer ordering their own local access from a LEC or other
access provider to connect the Customer premises to the Carrier’s Domestic Network at a Demarcation Point specified by
the Carrier.
1.4
GLOBALINX® Communications’ provision of the Service to Customer and the availability of the associated pricing
as set forth herein is subject to availability of required: (i) SONET engineering; (ii) local exchange carrier (“LEC”) serving
wire center(s); and (iii) POP facilities. Customer must complete an Order Form in order to obtain Service. GLOBALINX ®
Communications shall be obligated to provide the Service only after such Order Form is accepted by GLOBALINX ®
Communications. Customer specifically agrees that all Order Forms relating to DIA Service submitted to GLOBALINX ®
Communications by Customer during the Term of the Agreement shall be governed by the rates, terms and conditions set
forth in this Agreement. Customer shall be obligated to pay all applicable charges that are set forth on any Order Form
accepted by GLOBALINX® Communications. GLOBALINX® Communications reserves the right to reject any Order Form
at its reasonable discretion.
1.5
Subject to availability, GLOBALINX® Communications will, on Customer’s behalf and written request, use
commercially reasonable efforts to: (i) order local access facilities connecting Customer’s premises to the underlying
carriers’ IP POP; and/or (ii) secure domain names and assign Internet address space for the benefit of Customer during
the Term; it being understood and agreed that neither Customer nor any of End Users shall have the right to route these
addresses. The designated carrier shall retain ownership of all such IP addresses, and upon termination of the
Agreement, Customer’s access to such IP addresses shall terminate.
1.6
Burstable Billing Calculation and Usage Charges above the Committed Bandwidth amount (“Burst Usage”), if
applicable, shall be calculated as follows: Underlying Carrier will measure bandwidth usage in five minute intervals for
each point of connection between GLOBALINX® and Underlying Carrier IP Network in two categories: incoming and
outgoing. At the end of each month, all data samples in each category will be sorted from highest to lowest and the top
five percent (5%) of measurements will be discarded. The highest remaining data sample in the higher of the two
categories will then constitute the bandwidth usage level for that particular month. Burst Usage is the amount by which
bandwidth usage for the particular month exceeds Committed Bandwidth
2.
SERVICE TERM
2.1
As used in this Agreement, “Service Term” for each Service shall mean the specified period of time for which a
specific Service shall be provided by GLOBALINX® and the Carrier for Customer use as specified in the applicable
Dedicated Internet Access Agreement F17
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Rev. 12/13/2010
GLOBALINX® accepted Service Order Form (defined) plus any extension pursuant to section 2.2. Each Service Term
must be equal to or longer than twelve (12) consecutive months (“Minimum Service Term”).
2.2
The term of each DIA Service shall commence on the Start of Service Date (defined in Section 2.3). The term for
each DIA Service ordered shall continue for the applicable term for such DIA Service as indicated in the Order Form (the
“Minimum Service Term”). Upon expiration of the Term Commitment, each DIA Service shall automatically renew and
remain in effect for a consecutive like term, unless either party elects to terminate the DIA Service as of the expiration of
the then-current term by providing notice of such termination to the other party at least sixty (60) calendar days prior to the
conclusion of the then-current term.
2.3
The start of service for each DIA port (“Start of Service Date”) shall begin on the earliest to occur of (a) the date
on which Customer activates the DIA port or (b) the date on which the DIA port is available for Customer use as defined in
Section 5.1. If any Minimum Service Term or Renewal Term for any Service extends beyond the Term, the Agreement
shall remain in full force and effect but only as to the DIA Service with a remaining Minimum Service Term or Renewal
Term, and only through the end of such Minimum Service Term(s) or Renewal Term(s).
3.
SERVICE RATES
3.1
Customer shall be obligated to pay all applicable MRCs and NRCs as set forth in the DIA Order Form attached.
Unless otherwise set forth in a Service Exhibit or on an accepted Order Form, Customer is solely responsible for
coordination of all local access and, in any event, shall be solely responsible for any costs associated with such access,
extended wiring fees and including, without limitation, any early termination fees associated that may be imposed.
3.2
To the extent permitted by applicable law, in the event of Regulatory Activity, GLOBALINX® may at any time upon
written notice: (i) pass through to Customer all, or a portion of, any charges or surcharges directly or indirectly related to
such Regulatory Activity; or (ii) modify the rates, including any rate guarantees, and/or other terms and conditions
contained in the Agreement to reflect the impact of such Regulatory Activity. GLOBALINX® may adjust the rates or
charges, or impose additional rates and charges, in order to recover amounts it may be required by governmental or
quasi-governmental authorities to collect from or pay to others to support statutory or regulatory programs during the
course of the Agreement.
4.
SERVICE ORDERING
4.1
Customer shall submit completed order forms for Service (“Order Forms”). Incomplete Order Forms may be
rejected by GLOBALINX®. Customer may request a target Service installation date (Required Due Date) on the submitted
Order Form. Upon receipt of submitted Order Form, GLOBALINX® shall verify that all necessary information has been
provided by the Customer and that Service is available on the Carrier’s Domestic Network. If GLOBALINX® determines
that the submitted Order Form does not contain complete and accurate information necessary for GLOBALINX® to
process the Service order (including, but not limited to, all necessary circuit engineering documentation and design layout
records), GLOBALINX® shall notify Customer and Customer shall submit an updated Order Form.
4.2
Customer may request on the Service Order Form that GLOBALINX®: (i) provide Local Access Services (as
defined in Section 1.3.1) on behalf of the customer or (ii) provide connectivity to Customer Provided Local Access (as
defined in Section 1.3.2).
4.3
In the event that Customer submits an Order Form requesting that GLOBALINX® provide connectivity to CPA,
Customer must provide GLOBALINX® an acceptable Letter of Authorization (LOA) before GLOBALINX® can provide a
Customer Commit Due Date for CPA connectivity. GLOBALINX® will provide Customer a Customer Commit Due Date for
the Services to be provided by GLOBALINX® along with an estimated availability date for the Local Access Services or
CPA services. Customer further understands that there may be additional charges associated with such request.
4.4
If Customer requests GLOBALINX® connectivity to CPA on the Order Form for Services, GLOBALINX® may
accept or reject such CPA connectivity request in GLOBALINX®’s sole discretion. If GLOBALINX® does not approve of
Customer’s selected third-party provider, then Customer shall either: (i) request that such a CPA be provided by another
third-party provider acceptable to GLOBALINX®, or (ii) order the Local Access Services through GLOBALINX®. Unless
otherwise agreed to by GLOBALINX® in writing, Customer shall have the sole responsibility for installation, testing and
operation of CPA and any services and equipment other than those specifically provided by GLOBALINX®.
4.5
GLOBALINX® shall use reasonable commercial efforts to install each ordered Service on or before the Customer
Commit Due Date; however, the inability of GLOBALINX® to deliver the ordered Service by such date shall not constitute
Dedicated Internet Access Agreement F17
Page 4 of 6
Rev. 12/13/2010
a default giving rise to Cause under this Agreement. GLOBALINX® reserves the right to change pricing and/or the
Customer Commit Due Date if Customer requests changes after GLOBALINX®’s acceptance of an Order Form.
5.
LOCAL ACCESS & DIA SERVICE DELIVERY/ACCEPTANCE
5.1
For GLOBALINX® provided Local Access Services, GLOBALINX® shall provide Customer notice that the Service
(Local Access and the DIA Port) is ready for Customer’s acceptance by delivering to Customer a service acceptance
letter. Customer shall be deemed to have accepted the Service on the Start of Service Date. As used herein, the “Start of
Service Date” shall be the earlier of (i) the date that the Customer places live traffic on the Service; or (ii) five (5) calendar
days after GLOBALINX® sends Customer the service acceptance letter.
6.
CUSTOMER OBLIGATIONS/PAYMENT
6.1
GLOBALINX® shall invoice Customer all Service MRCs one month in advance and all Service NRCs in arrears in
accordance with this Agreement or any attached Exhibits, if applicable. Billing for a particular Service will begin on the
Start of Service Date for that Service. If the Start of Service Date for any Service falls on any day other than the first day
of the month, the first invoice to Customer shall consist of: (i) the pro-rata portion of the applicable MRCs covering the
period from the Start of Service Date to the first day of the subsequent month; and (ii) the MRC for the following month
and (iii) any NRC’s, if applicable.
6.2
Customer shall be responsible for payment of all MRCs, NRCs and other charges for Services regardless of
whether or not the associated Local Access Services are provided by GLOBALINX®, ordered on behalf of Customer or
obtained directly by Customer as CPA. If Customer obtains CPA, or any party other than GLOBALINX® provides the Local
Access Services, the unavailability, incompatibility, delay in installation or other impairment of such non-GLOBALINX®
provided Local Access Services and CPA shall not excuse Customer’s obligation to pay GLOBALINX® all rates and
charges applicable to the Services regardless of whether such Services are being used by Customer. If GLOBALINX®
provides Local Access Services on the Carriers Domestic Network in conjunction with Services provided hereunder and
such Local Access Services are delayed beyond the date upon which GLOBALINX® provides the Customer notice of the
Service availability for use or testing, the Start of Service Date shall be delayed until GLOBALINX®-provided Local Access
Services are available to Customer (at which time billing will begin for the Services).
7.
SERVICE ORDER CANCELLATION
7.1
If Customer cancels an Order Form after the date on which GLOBALINX ® accepts submitted Order Form and
prior to GLOBALINX® issuing a service acceptance letter as described in Section 5, Customer shall pay a cancellation fee
for each cancelled Service ordered in the amount indicated in the Order Cancellation Fee Schedule in Exhibit A, Section
1.0. Customer shall also pay all third-party charges incurred in connection with the cancelled Service up through the date
of cancellation, including any third-party cancellation and/or termination charges.
7.2
If Customer cancels an accepted Order Form on or after the Customer Commit Due Date but prior to acceptance
in accordance with Section 5, Customer shall pay to GLOBALINX® all Termination Liability Charges for each cancelled
Order Form as described in Exhibit A Section 1.1. Customer shall also pay all third-party charges incurred in connection
with the cancelled Service up through the date of cancellation, including any third-party cancellation and/or termination
charges.
7.3
GLOBALINX® and Customer agree that GLOBALINX®’s damages in the event of Service cancellation shall be
difficult or impossible to determine. GLOBALINX® and Customer therefore agree that this Section 7 is intended, therefore,
to establish damages in the event of cancellation and the associated cancellation charges are not intended as a penalty.
8.
SERVICE TERMINATION
8.1
Customer may terminate an accepted Service prior to expiration of the full Service Term by providing
GLOBALINX® with sixty (60) calendar days advance written notice of such termination. Upon receipt by GLOBALINX® of a
written request to disconnect an installed Service prior to the end of the applicable Service Term, GLOBALINX® shall send
Customer a written circuit disconnect order acknowledgement, confirming the request to terminate the Service, the date of
Service disconnection and setting forth the Termination Liability Charges, if any, then due and payable. Billing for Service
terminated under this Section 8.1 shall cease thirty (30) calendar days from GLOBALINX®’s receipt of the termination.
8.2
Customer acknowledges that the MRCs, NRCs and other charges for the Services are based on the commitment
of Customer to utilize the Services for a specified minimum period of time (the Service Term). As a result, if Customer
terminates an accepted Service or this Agreement for any reason prior to the expiration of the Service Term or Renewal
Term, Customer shall pay GLOBALINX® the Termination Liability Charge (defined in Exhibit A) for each terminated
Dedicated Internet Access Agreement F17
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Rev. 12/13/2010
Service, which shall be at once due and payable by Customer regardless of whether or not the Service Term has expired
and may be collected by GLOBALINX® from Customer as a single amount.
SERVICE EXHIBIT A
DEDICATED INTERNET ACCESS SERVICE RATE SCHEDULE
1.0
For all DIA Service Orders cancelled prior to issuing a Service Acceptance Letter as described in Section 7.1,
Customer agrees to pay the following charges for each accepted Order Form:
DS1 = $1000.00
DS3 = $3000.00
OCx = $5000.00
FastE = $1000.00
GigE = $2000.00
Other = ICB
1.1
For all DIA Services and related Ancillary Services, Customer shall Pay to GLOBALINX® all rates, fees and
Charges which accrue under this Service Exhibit for each Service up through the date of termination, plus:
(a) An Early Cancellation Charge equal to the then-current monthly recurring charges for Services multiplied by
the number of months, or portion thereof, remaining in the then-current term; plus
(b) An additional Early Cancellation Charge of fifty percent (50%) of the total MRCs that Customer would have
had to pay through the end of the Minimum Service Term or Renewal Term; plus
(c) The reimbursement amount of any NRC discount or waiver given to Customer in the event early cancellation
occurs in the initial term.
The total charge as calculated above shall be referred to as the “Termination Liability Charge”.
SPECIAL REQUESTS & COMMENTS
SIGNATURES
Customer Signature:
Print Name:
GLOBALINX®
Acceptance:
Agent Name:
Date:
Agent Phone:
Agent Email:
Agent Fax:
Dedicated Internet Access Agreement F17
Title:
Date:
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Rev. 12/13/2010