Common use of Minimum Term Service Clause in Contracts

Minimum Term Service. During the Initial Term, Customer shall not be required to commit to any overall minimum revenue requirement; however, Customer will be subject to a one year commitment per order for DS-3 Network Access Service, Metro Private Line, US Private Line SONET, Global Data Link, Internet Dedicated Ethernet, Internet Dedicated – Fast Ethernet Port Only and Internet DSL and Internet Cable service purchased under the Agreement (each a “Minimum Term Service”). If the Agreement terminates before the end of the one-year term commitment for a Minimum Term Service, the terms relating to that Minimum Term Service, including the General Terms and Conditions, continue in full force and effect until the end of the one-year commitment. Notwithstanding the above, Customer will commit to a three year minimum service term for Private IP Service commencing on the 2nd Amendment Effective Date and if the Agreement terminates before the end of the PIP Minimum Service Term, the terms of the Agreement will continue in full force and effect until the end of the PIP Minimum Service Term. Commencing on the 2nd Amendment Effective Date, the Initial Term shall being anew and continue for 36 months. Minimum Annual Volume Commitment (“AVC”): There is no minimum revenue commitment associated with the Agreement. For purposes of calculating credits, if any, “Total Service Charges” means all charges, after application of all discounts and credits, for the Services, excluding Taxes, Governmental Charges, equipment, Company ILEC, Company Wireless, Document Delivery Fax, non-recurring, goods and services acquired by Company as Customer’s agent, international pass-through access (Type 3/PTT), charges for security services provided by a Cybertrust Security Service Provider listed and the Guide, and other charges expressly excluded by the Agreement.

Appears in 2 contracts

Sources: Option Agreement, Service Agreement