Ethernet Access Term Plan

 

1.         Unless otherwise specified in the Customer’s agreement with the Company, the provisions set forth in this Section 1 apply. 

 

Customer may subscribe to Ethernet Access under the provisions of a term and volume commitment (Plan) set forth elsewhere in this Guide.  Except as set forth in this Section, the provisions of the Plan, including volume requirements, termination liability and discounts, will apply.  The term of service for Ethernet Access will equal the term of service remaining in the Plan at the time the Customer subscribes to Ethernet Access, except that, if less than one annual period remains in the term of service of the Plan, the Customer must commit to a term of which equals or exceeds one year.  Customers who fail to satisfy the term of service, will be billed and required to pay an early termination charge equal to all of the monthly recurring charges for the terminated service for each monthly period remaining in the term of service period.

 

2.         If specified in the Customer’s agreement with the Company, the provisions set forth in this Section 2 apply.

 

Customers of Ethernet Access must enroll in term plans of 1, 2, 3, 4, or 5 years. 

 

            The following provisions apply:

 

1.         Cancellation or Discontinuance

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Without Liability:  A Customer may terminate Ethernet Access furnished under a Term Plan prior to the expiration of the Term Plan term of service without termination liability for the terminated service, subject to the following conditions:

 

All terminated service must have been installed for period which equals or exceeds 12 months;

 

At the time of the Customer's termination of service under a

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Term Plan, the Customer must:

 

·                  enter into a Company term commitment, with a term of service equal to or greater than the term of service of the terminated Term Plan, for provision of Company service between the same points as, and with total bandwidth which equals or exceeds the bandwidth of, the terminated service (New Service); and, 

 

·                  request that New Service be installed no later than 90 days following

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the Customer's termination of service.

 

2.         Cancellation or Discontinuation With Liability:  Except as set forth in

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this section, a Customer who:

 

·        terminates all Ethernet Access, excluding Types 2 and 3 Converged Ethernet Access, furnished under a Term Plan with a one year term of service prior to the expiration of the term of service will be billed and required to pay a charge in an amount equal to all of the monthly recurring charges for the terminated service for each monthly billing period remaining in the term of service at the time of termination;

 

·        terminates all Ethernet Access, excluding Types 2 and 3 Ethernet Access, furnished under a Term Plan with a term of service which exceeds one year prior to the end of the first annual period of the term of service and prior to the expiration of the term of service will be billed and required to pay a charge in an amount equal to all of the monthly recurring charges for the terminated service for each monthly period remaining in the first annual period of the term of service plus 50 percent of the monthly recurring charges for the terminated service for each monthly billing period remaining in the term of service after the first annual period;

 

·        terminates all Ethernet Access, excluding Types 2 and 3 Ethernet Access, furnished under a Term Plan with a term of service which exceeds one year after the first annual period of the term of service and prior to the expiration of the term of service will be billed and required to pay a charge in an amount equal to 50 percent of the monthly recurring charges for each monthly billing period remaining in the term of service; and,

 

·        terminates all Types 2 and 3 Ethernet Access furnished under a Term Plan prior to the expiration of the term of service will be billed and required to pay a charge equal to all of the monthly recurring charges for the terminated service for each monthly period remaining in the term of service at the time of termination.

 

In lieu of the charges set forth in this Section, the Customer will be billed and required to pay any disconnection, early cancellation or termination charges for Type 2, and Type 3 Ethernet Access reasonably incurred and paid to third parties by Company on behalf of Customer if the amount of such charges exceed the amounts set forth in this Section.