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<br />QWEST ISDN PRS I DSS Advanced SPRING ACTION OFFER <br />March 10, 2008 - June 6, 2008 <br /> <br />5. Charges and Billing. <br />5.1 Customer will pay the total monthly recurring charges ("MRC") and nonrecurring charges ("NRC") for the Service specified in <br />Exhibit 1. The MRC will not change during the Term of this Agreement. Customer must pay Qwest all charges by the payment due date on <br />the invoice. Any amount not paid when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge <br />specified in the Tariff, the amount due will be subject to late interest at the lesser of 1%0/0 per month or the highest rate permitted by <br />applicable law. Customer must also pay Qwest any applicable federal, state and local taxes, surcharges, and other similar charges ('Taxes") <br />assessed in connection with Customer's Service. Taxes are subject to change. Qwest may reasonably modify the payment terms or require <br />other assurance of payment based on Customer's payment history or a material and adverse change in Customer's financial condition. <br /> <br />5.2 The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered <br />and charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced <br />services from Qwest. <br /> <br />6. Service Changes. <br />6.1 Moves. Customer may move the physical location of all or part of Service to another location within a Qwest serving area, <br />provided the following conditions are met; (a) Service moved to the new location is provided to Customer by Qwest; (b) Customer <br />advises Qwest that Service at the new location replaces the existing Service; (c) Customer's request for disconnection of the existing <br />Service and installation of the Service at the new location are received by Qwest on the same date; (d) Customer requests that Qwest <br />install the Service at the new location on or prior to the disconnection date of the existing Service; and (e) Customer agrees to pay all <br />applicable rates and charges for the requested move and Service at the new location. <br /> <br />6.2 Additions to Service. Service may be added to this Agreement at the rates specified herein. Qwest will supply such additions <br />to Customer, subject to the following conditions: (a) Customer places order for such Service no later than June 6, 2008; (b) additional <br />Service must be installed and Customer must accept billing no later than July 7, 2008, unless a facility delay is caused by Qwest; (c) <br />the necessary facilities are available, as determined by Qwest, to provide the Service; and (d) a new Minimum Service Period is <br />established for each new addition to Service. <br /> <br />7. Tennination. <br />7.1 Either party may terminate Service andlor this Agreement in accordance with the applicable Tariff or for Cause. "Cause" <br />means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) for payment <br />defaults by Customer, within five days of separate written notice from Qwest of such default (unless a different notice period is specified <br />in the Tariff); or (b) or any other material breach, within 30 days of written notice (unless a different notice period is specified in the Tariff <br />or this Agreement). Customer will remain liable for charges accrued but unpaid as of the termination date. If, prior to the conclusion of <br />the Term, Service andlor this Agreement is terminated either by Qwest for Cause or by Customer for any reason other than Cause, <br />then Customer will also be liable for a termination charge ("Termination Charge"). <br /> <br />7.2 If termination is during the Minimum Service Period, Customer will pay a Termination Charge of 100% of the MRC for <br />terminated Service multiplied by the number of months (or fraction thereof) remaining in the Minimum Service Period, plus 75% of the <br />MRC multiplied by the number of months remaining in the Term after the Minimum Service Period. <br /> <br />7.3 If termination is after the Minimum Service Period, Customer will pay a Termination Charge of 75% of the MRC for terminated <br />Service multiplied by the number of months (or fraction thereof) remaining in the Term. <br /> <br />7.4 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and <br />signs a new service agreement(s) for any other Qwest provided service(s); (b) the new service agreement(s) have a total value equal to <br />or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, <br />applicable nonrecurring charges, or previously billed but unpaid recurring and/or nonrecurring charges); (c) Customer places the orders <br />to discontinue the Service and establish new service at the same time (within 30 calendar days of each other if service is in New <br />Mexico); (d) the new service(s) installation must be completed within 30 calendar days of disconnection of the Service, unless such <br />installation is delayed by Qwest; and (e) a new minimum service period goes into effect, if applicable, when the new service agreement <br />term begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. <br /> <br />8. Out-Of-Service Credit. If Qwest causes a Service interruption, an out-of-service credit will be calculated under the state local <br />exchange Tariff. If there is no applicable Tariff and the interruption lasts for more than 24 consecutive hours after Qwest receives <br />notice of it, Qwest will give Customer credit calculated by dividing the monthly rate for the affected Service by 30 days; and then <br />multiplying that daily rate by the number of days, or major fraction, that Service was interrupted. <br /> <br />9. Disclaimer of Warranties. QWEST DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT <br />LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br />NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR CONTRACTORS OR THEIR RESPECTIVE <br />EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE. <br /> <br />10. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY <br />INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR <br />REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF <br /> <br />Copyright @ Qwest. All Rights Reserved. <br /> <br />Page 2 <br />CONFIDENTIAL <br /> <br />v1.040908 <br />