MIS SERVICE AGREEMENT Page 1 of 7
For Customer Service Call: 1-888-286-2685 ACC SA160
Revised 03 December 2003
ACC BUSINESS REPRESENTATION
Agent / Retention Manager: / CHANNEL ID # / Phone NumberAgent Name:
SubAgent Name:
ACCOUNT INFORMATION (Please provide a separate Service for each Service Location)
Please note that the fields in sections I, II, and III are required
COMPANY INFORMATION / BILLING INFORMATION (if different than company information)I. Company Name (Service Company Name) / II. Bill To:
Company Address / Street
City / State / Zip Code / City / State / Zip Code
Contact Person / Phone Number / Contact Person / Phone Number
Contact Email Address / Contact Fax Number / Contact Email Address / Contact Fax Number
III. REQUIRED FOR ALL: Legal Company Name (Parent Company)
MIS FACILITY INFORMATION
Demarc Address (if different than Business Address)
/Customer Point of Contact Name (required)
City / State / Zip Code /Customer Point of Contact Phone Number (required)
Demarc – Room Number & Floor Number (required)
/Customer Point of Contact Email Address (required)
Demarc – NPA-NXX (required)
/LSO (NPA-NXX of local office)FOR INTERNAL USE ONLY
/Diagnostic Phone Number -- dedicated analog line for the diagnostic modem (required for Included Managed CPE Service)
Remarks
ACCOUNT DETAIL INFORMATION
New Account / Tax Exemption (send certificate)Existing Account Account # / Federal: / State:
BILLING OPTIONS (refer to Billing Options document, found on A.I.M)
STANDARD BILLING (Single Account Billing)MULTI-ACCOUNT BILLING (Please provide separate Service Agreements for Each Account)
Multi-Account Service Option: 1 2 Headquarters Account Name (Company):
CORPORATE BILLING: $6.50/mo. Administrative Fee plus $3.00/mo. each service location
Corporate Billing Option: 1 2 3 4
Corporate Billing: Is the above Service address the Headquarters Location? (Y/N): YN / Corporate Billing: Location # of
Billing Report Options (please provide supporting paperwork): / Access-a-Bill
SERVICE CATEGORY
/ New Existing Change DisconnectSERVICE TERM AND PROMOTIONS
/ Term Plans / 12 Mo. 24 Mo. 36 Mo. / Tier:Promo Code(s):
SERVICE CHARGES & RATE PLANS
One-time Install Charges $ / Install Type: Tele-Install -OR- On-Site InstallService Type: Included Managed CPE -OR- Customer Provided & Managed CPE
MSA—Multi-Service Access (Must choose Included Managed CPE
above & Port Speed 56 -768 Kbps below)
Domain Name Service:
(max 15 domains) / Primary:
# of domains ______/ Secondary:
# of domains ______
Monthly Port Charges $ / Port Speed:
56 Kbps
128 Kbps
256 Kbps
384 Kbps
512 Kbps
768 Kbps / 1.5 Mbps = T1
3.0 Mbps = 2xT1
4.5 Mbps = 3xT1
6.0 Mbps = 4xT1 / 10 Mbps
15 Mbps
20 Mbps
25 Mbps
30 Mbps
35 Mbps
40 Mbps
45 Mbps = T3
155 Mbps = OC3
Monthly Access Charges $
ACC Business Sales Representative must attach:
* MILES page
* MIS local access pricing ( ifapplicable).
Special Charges & Pricing (must have supporting documentation attached):
OPTIONAL SERVICES & CHARGES – Managed Firewall Service, Router-Based
One-time Install Charges $$ /
Tele-Install
Triple-Homed Option
Monthly Service Charges $
CREDIT INFORMATION
NOTE: Credit Application must be Attached for New Customers.Most recent Bill Copy Summary Page must be Attached for T3 or OC3 service.
Credit Pre-Approved? / Pre-Approved by (ACC Business Credit Rep): / Pre-Approval Date:
SIGNATURE BELOW BY YOUR AUTHORIZED REPRESENTATIVE IS YOUR CONSENT TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT
You acknowledge that the Terms and Conditions set forth in this MIS Service Agreement (“Agreement”) apply to Your Service for the duration of the Service Period. Additional terms, conditions and charges can be viewed at www.att.com/serviceguide/business.Customer authorizes ACC Business (“ACC”) to request a credit report from a credit reporting agency in connection with this Agreement. Customer understands that upon request, ACC Business will advise if a credit report was requested and provide the name and address of the credit agency furnishing the credit report.
Customer / ACC Business
Company Name /
Signature By (x) / Signature By (x)
Name (Printed) / Name (Printed)
Title / Title
Agent / Retention Manager
Date / Date
TERMS AND CONDITIONS
MIS SERVICE AGREEMENT Page 1 of 7
For Customer Service Call: 1-888-286-2685 ACC SA160
Revised 03 December 2003
1. DEFINITIONS
1.1 CAPITALIZED TERMS USED BUT NOT DEFINED IN THIS AGREEMENT ARE DEFINED IN THE SERVICE GUIDE.
1.2 "AFFILIATE" OF A PARTY MEANS ANY ENTITY THAT CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH SUCH PARTY, AND, IN THE CASE OF ACC, IT ALSO MEANS ANY ENTITY THAT ACC HAS AUTHORIZED TO OFFER ANY SERVICE OR PART OF ANY SERVICE.
1.3 "CONTENT" MEANS INFORMATION MADE AVAILABLE, DISPLAYED OR TRANSMITTED IN CONNECTION WITH A SERVICE.
1.4 “EFFECTIVE DATE” MEANS DATE THIS AGREEMENT IS SIGNED BY YOU AND ACC.
1.5 "SERVICE" MEANS THE MIS SERVICE COMPONENT(S) YOU ORDER UNDER THIS AGREEMENT, AS MORE FULLY DESCRIBED IN THE SERVICE GUIDE.
1.6 THE "SERVICE GUIDE" CONSISTS OF THE STANDARD ACC SERVICE DESCRIPTIONS AND OTHER INFORMATION RELATING TO EACH OF THE SERVICES OFFERED UNDER THIS AGREEMENT, AS AMENDED FROM TIME TO TIME, AND IS LOCATED AT HTTP://WWW.ATT.COM/ABS/SERVICEGUIDE OR SUCH OTHER DESIGNATED LOCATION (THE “SERVICE GUIDE”). IF YOU DO NOT HAVE ACCESS TO THE INTERNET, CALL YOUR ACC BUSINESS CUSTOMER SERVICE CENTER OR SALES REPRESENTATIVE FOR INFORMATION.
1.7 EXCEPT AS SPECIFIED BELOW, THE "SERVICE ACTIVATION DATE" FOR A SERVICE COMPONENT MEANS THE DATE YOUR SERVICE IS ACTIVATED, AS MORE FULLY DESCRIBED IN THE SERVICE GUIDE.
1.8 "SCHEDULED SERVICE ACTIVATION DATE" FOR EACH SERVICE COMPONENT IS THE DATE SCHEDULED BY ACC FOR YOUR SERVICE COMPONENT TO BE ACTIVATED, AS MAY BE SPECIFIED IN THE SALES ORDER FOR YOUR SERVICE.
1.9 "INITIAL SERVICE PERIOD" FOR EACH SERVICE COMPONENT IS THE SERVICE PERIOD STATED ON SUCH SERVICES’ PRICING SCHEDULE THAT IS ATTACHED TO THIS AGREEMENT. THE INITIAL SERVICE PERIOD BEGINS ON THE SERVICE ACTIVATION DATE OF EACH SERVICE COMPONENT AND IS EXTENDED FOR ONE (1) YEAR IN THE EVENT OF UPGRADES TO SUCH SERVICE COMPONENTS.
1.10 “SERVICE PERIOD” FOR EACH SERVICE COMPONENT CONSISTS OF THE INITIAL SERVICE PERIOD FOR SUCH SERVICE COMPONENT AND ALL APPLICABLE RENEWAL SERVICE PERIODS FOR SUCH SERVICE COMPONENT (AS DESCRIBED IN SECTION 2.6).
1.11 "SALES ORDER" FOR EACH SERVICE COMPONENT DETAILS SPECIFIC PROVISIONING RELATED INFORMATION FOR YOUR ORDER AND IS COMPLETED AFTER THE SIGNATURE OF THE AGREEMENT, IN CONSULTATION WITH YOU. IT IS USUALLY COMPLETED DURING ANY ACC TECHNICAL INTERVIEWS FOR THE SERVICE.
1.12 "SERVICE COMPONENT" REFERS TO THE INDIVIDUAL PORTIONS OF THE SERVICE YOU ORDER UNDER THIS AGREEMENT, AS THESE COMPONENTS ARE MORE FULLY DESCRIBED IN THE SERVICE GUIDE.
1.13 "USER" MEANS ANYONE WHO USES OR ACCESSES ANY SERVICE PURCHASED BY YOU UNDER THIS AGREEMENT.
2. PRICING, RENEWALS, ORDERS AND BILLING
2.1 THE PRICING FOR YOUR SERVICE IS SHOWN ON THE FIRST PAGE OF THIS AGREEMENT AND IS FIXED FOR THE SERVICE PERIOD.
2.2 YOU SHALL PAY ACC FOR YOUR AND USERS' USE OF THE SERVICES AT THE RATES AND CHARGES SPECIFIED IN THIS AGREEMENT, WITHOUT DEDUCTION, SETOFF OR DELAY FOR ANY REASON. CHARGES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE OF ANY APPLICABLE TAXES. YOU MAY BE REQUIRED AT ANY TIME TO PAY A DEPOSIT IF ACC DETERMINES THAT YOU ARE NOT CREDITWORTHY.
2.3 YOU SHALL PAY ALL SHIPPING CHARGES, TAXES (EXCLUDING THOSE ON ACC'S NET INCOME) AND OTHER SIMILAR CHARGES (AND ANY RELATED INTEREST AND PENALTIES) RELATING TO THE SALE, USE OR PROVISION OF THE SERVICES, EXCEPT TO THE EXTENT A VALID TAX EXEMPTION CERTIFICATE IS PROVIDED BY YOU TO ACC PRIOR TO THE DELIVERY OF SERVICES.
2.4 PAYMENT IN U.S. CURRENCY IS DUE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THE INVOICE AND SHALL REFER TO THE INVOICE NUMBER. RESTRICTIVE ENDORSEMENTS OR OTHER STATEMENTS ON CHECKS ACCEPTED BY ACC WILL NOT APPLY. YOU SHALL REIMBURSE ACC FOR ALL COSTS (INCLUDING REASONABLE ATTORNEY FEES) ASSOCIATED WITH COLLECTING DELINQUENT OR DISHONORED PAYMENTS. AT ACC'S OPTION, INTEREST CHARGES MAY BE ADDED TO ANY PAST DUE AMOUNTS AT THE LOWER OF 1.5% PER MONTH OR THE MAXIMUM RATE ALLOWED BY LAW.
2.5 IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY ACC IN WRITING OF THE DISPUTE WITHIN NINETY (90) DAYS OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.
2.6 ALL SALES ORDERS SHALL BE FOR AN INITIAL SERVICE PERIOD OF ONE YEAR, UNLESS OTHERWISE AGREED BETWEEN US IN THE ORDER.
2.7 AFTER THE INITIAL SERVICE PERIOD, THE SERVICE SHALL CONTINUE UNDER THE TERMS OF THE AGREEMENT FOR ADDITIONAL CONSECUTIVE 1-YEAR RENEWAL SERVICE PERIODS, FOR EACH SERVICE COMPONENT, UNLESS EITHER PARTY PROVIDES THE OTHER WRITTEN NOTICE THAT IT DOES NOT DESIRE TO RENEW SUCH SERVICE. IF YOU DO NOT WISH TO RENEW, YOU MUST NOTIFY ACC IN WRITING WITHIN 30 DAYS AFTER THE LAST DAY OF THE APPLICABLE INITIAL OR RENEWAL SERVICE PERIOD AND SUCH NOTICE WILL NOT BE EFFECTIVE UNTIL 30 DAYS AFTER ACC RECEIVES SUCH NOTICE.
2.8 THE OPTIONS AND FEATURES OF EACH SERVICE COMPONENT WHICH APPLY TO YOU ARE CONTAINED IN A SALES ORDER OR ANY SIMILAR DOCUMENT USED FOR PROVISIONING YOUR SERVICE COMPONENT. YOU MUST ORDER A SERVICE COMPONENT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, OTHERWISE ACC MAY TERMINATE THIS AGREEMENT IMMEDIATELY UPON WRITTEN NOTICE. ADDITIONAL ORDERS OF SERVICE OR SERVICE COMPONENTS BY YOU SHALL NOT BE DEEMED A SUPPLEMENT OR MODIFICATION OF THIS AGREEMENT AND SHALL BE SUBJECT TO THE TERMS OF THIS AGREEMENT. TERMS AND CONDITIONS ON ANY NON-ACC ORDER FORM SHALL NOT APPLY.
2.9 UNLESS OTHERWISE SPECIFIED ON YOUR PRICING SCHEDULE, BILLING FOR ANY SERVICE COMPONENT YOU ORDER WILL BEGIN ON THE SERVICE ACTIVATION DATE OF THE SERVICE. HOWEVER, IF BY YOUR ACTIONS OR OMISSIONS THE SERVICE ACTIVATION DATE FOR YOUR SERVICE COMPONENT DOES NOT OCCUR BY THE SCHEDULED SERVICE ACTIVATION DATE, BILLING WILL BEGIN ON THE DAY AFTER THE SCHEDULED SERVICE ACTIVATION DATE FOR SUCH SERVICE.
3. TERMINATION
3.1. IF FOR ANY REASON OTHER THAN YOUR ACT OR OMISSION OR A FORCE MAJEURE EVENT (AS DESCRIBED IN SECTION 5 OF THIS AGREEMENT) ACC DOES NOT INSTALL ANY SERVICE COMPONENT WITHIN 30 DAYS AFTER SUCH SERVICE’S SCHEDULED SERVICE ACTIVATION DATE, YOU SHALL HAVE A ONE-TIME RIGHT TO TERMINATE SUCH SERVICE COMPONENT BY NOTIFYING ACC IN WRITING BEFORE THE SERVICE ACTIVATION DATE FOR THE SERVICE IN QUESTION.
3.2 YOU MAY TERMINATE ANY SERVICE, WITHOUT PAYMENT OF TERMINATION CHARGES, AT ANY TIME DURING THE SERVICE PERIOD IF YOU REPLACE SUCH SERVICE WITH A NEW INTERNET-RELATED SERVICE FROM ACC HAVING A REVENUE VALUE WHICH IS EQUAL TO OR GREATER THAN THE REVENUE VALUE OF THE SERVICE YOU ARE TERMINATING.
3.3 YOU MAY TERMINATE ANY SERVICE DURING THE INITIAL SERVICE PERIOD, OR ANY SUBSEQUENT RENEWAL SERVICE PERIOD, BY GIVING ACC AT LEAST SIXTY (60) DAYS’ PRIOR WRITTEN NOTICE AND PAYMENT OF ANY APPLICABLE TERMINATION CHARGES SET FORTH IN THIS AGREEMENT OR THE PRICING SCHEDULE FOR SUCH SERVICE.
3.4 ACC MAY TERMINATE THIS AGREEMENT OR ANY SERVICE UPON WRITTEN NOTICE TO YOU IF YOU DO NOT COMPLY WITH THE AUP (AS DEFINED IN SECTION 4.2).
3.5 ACC MAY TERMINATE THE MIS SERVICE, IN WHOLE OR IN PART, UPON NINETY (90) DAYS WRITTEN NOTICE TO YOU, IF AT&T DECIDES TO DISCONTINUE SUCH SERVICE, IN WHOLE ON IN PART.
3.6 IF A PARTY FAILS TO PERFORM OR OBSERVE ANY MATERIAL TERM OR CONDITION OF THIS AGREEMENT AND THE FAILURE CONTINUES UNREMEDIED FOR THIRTY (30) DAYS AFTER RECEIPT OF WRITTEN NOTICE, (I) THE OTHER PARTY MAY TERMINATE THIS AGREEMENT FOR CAUSE, OR (II) WHERE THE FAILURE IS A NON-PAYMENT BY YOU OF ANY CHARGE WHEN DUE, ACC MAY, AT ITS OPTION, TERMINATE OR SUSPEND SERVICE OR REQUIRE A DEPOSIT.
3.7 UPON TERMINATION OF ANY SERVICE BY YOU UNDER THIS SECTION 3, OR ACC UNDER SECTIONS 3.4 OR 3.6, YOU WILL BE RESPONSIBLE FOR PAYMENT OF ANY CHARGES INCURRED AS OF THE TERMINATION DATE, AS WELL AS ACCESS FACILITIES TERMINATION CHARGES OR OTHER THIRD PARTY CHARGES INCURRED BY ACC AS A RESULT OF SUCH TERMINATION.
3.8 IN ADDITION, YOU WILL BE RESPONSIBLE FOR THE TERMINATION CHARGES SET FORTH IN THIS AGREEMENT IF YOU TERMINATE A SERVICE UNDER SECTION 3.3 OF THIS AGREEMENT OR IF ACC TERMINATES OR SUSPENDS SUCH SERVICE OR TERMINATES THIS AGREEMENT UNDER THE RESPONSIBILITIES OF PARTIES SECTIONS OR UNDER SECTIONS 3.4 OR 3.6 OF THIS AGREEMENT.
3.9 THE TERMINATION CHARGE DURING THE INITIAL SERVICE PERIOD, OR ANY SUBSEQUENT RENEWAL SERVICE PERIOD, WILL CONSIST OF: (1) 50% OF THE SCHEDULED PAYMENTS FOR EACH NON-LOCAL ACCESS MIS SERVICE COMPONENT, FOR EACH OF THE MONTHS REMAINING THROUGH THE FINAL MONTH OF THE SERVICE PERIOD; (2) ALL DISCOUNTS, IF ANY, RECEIVED BY YOU; AND (3) ACCESS FACILITIES CANCELLATION CHARGES OR OTHER THIRD PARTY CHARGES INCURRED BY ACC AS A RESULT OF SUCH CANCELLATION.
3.10 TERMINATION BY EITHER PARTY OF THIS AGREEMENT DOES NOT WAIVE ANY OTHER RIGHTS OR REMEDIES IT MAY HAVE UNDER THIS AGREEMENT.
4. RESPONSIBILITIES OF THE PARTIES
4.1 ACC AGREES TO PROVIDE SERVICES TO YOU, SUBJECT TO THE AVAILABILITY OF THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, AND AT THE CHARGES SPECIFIED IN THE AT&T SERVICE GUIDE, CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS.
4.2 YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND SHALL ASSURE THAT USERS WILL COMPLY WITH AT&T’S ACCEPTABLE USE POLICY FOR THE SERVICE (THE “AUP”). THE AUP DETAILS THE TYPES OF ACTIVITIES THAT ARE PROHIBITED FOR YOUR OR USERS USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO INTERFERING WITH OR DISRUPTING OTHER NETWORK USERS, NETWORK SERVICES OR NETWORK EQUIPMENT. THE AUP MAY BE REVISED FROM TIME TO TIME, AND IS AVAILABLE FOR REVIEW AT: http://www.business.att.com/policy/, OR AT SUCH OTHER ADDRESS AS ACC MAY SPECIFY BY POSTING OR EMAIL NOTICE ('AUP WEBSITE'). IF YOU WISH TO BE NOTIFIED OF ANY MODIFICATIONS TO THE AUP, PLEASE VISIT THE AUP WEBSITE AND SUBSCRIBE TO THE AUP MODIFICATION NOTIFICATION SERVICE.
4.3 ANY OF THE ACC SECURITY SERVICES WHICH YOU MAY ORDER, SUCH AS MANAGED FIREWALL SERVICES, ARE INTENDED FOR USE IN CONJUNCTION WITH A SINGLE ACC-APPROVED INTERNET CONNECTION TO YOUR NETWORK. ACC DOES NOT MONITOR OTHER ADDITIONAL INTERNET CONNECTIONS WHICH MAY BE MAINTAINED BY YOU UNLESS ACC SECURITY SERVICES ARE ORDERED FOR THE CONNECTIONS IN QUESTION. YOU ACKNOWLEDGE AND UNDERSTAND THAT MULTIPLE INTERNET CONNECTIONS, UNLESS PROTECTED BY AN INTERNET SECURITY PRODUCT OR SERVICE, MAY SIGNIFICANTLY DECREASE YOUR OVERALL NETWORK SECURITY LEVEL. TO THE EXTENT YOU DEEM NECESSARY, YOU WILL IMPLEMENT SECURITY PROCEDURES AND CONTROLS NECESSARY TO LIMIT ACCESS TO THE SERVICE AND YOU WILL MAINTAIN FACILITIES AND PROCEDURES EXTERNAL TO THE SERVICE FOR RECONSTRUCTION OF LOST OR ALTERED FILES, DATA OR PROGRAMS. ACC SECURITY SERVICES SUCH AS MANAGED FIREWALL SERVICE (MFWS) DO NOT GUARANTEE NETWORK SECURITY OR PREVENT SECURITY INCIDENTS. ACC ACCEPTS NO RESPONSIBILITY, NOR ANY LIABILITY FOR THE SECURITY OF YOUR ELECTRONIC ENVIRONMENT, WHETHER OR NOT ACC HAS INSTALLED ANY INTERNET SECURITY EQUIPMENT OR SERVICE.