Common use of Voice Services Clause in Contracts

Voice Services. In lieu of any other rates and discounts, Customer will receive a discount equal to 30% for the following Voice Services: International Outbound Voice Service, Including International Calling Card Service: Standard VBSIII Guide Type 23 rates for US originating International Outbound Voice Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates for International Toll Free Voice Service. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract years.

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

AutoNDA by SimpleDocs

Voice Services. In lieu of any other rates and or discounts, the Customer will receive a discount equal to of 30% for the following Voice Services: International Outbound Voice Service, Including International Calling Card Service: Standard VBSIII Guide Type 23 22 rates for US originating International Outbound Voice Service excluding usage originating Service. Data Services: In lieu of any other rates or terminating in discounts, Customer will receive the locations set forth in following a discount equal to 20% for the Voice section of this Summary under “Rates and Charges.” International Toll Free Voice Servicefollowing Data Services: Access: Standard VBSIII Guide rates local loop charges for International Toll Free Voice ServiceDS1 and DS3 Network Services Local Access Services. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If If, in any contract year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC in any Contract Year during the Initial TermAVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement; and (b) an "Underutilization Charge" in an amount equal to 7525% of the unmet AVCdifference between the AVC and Customer's Total Service Charges during that contract year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates the Agreement before the end of the Term for reasons other than CauseCause (as defined in the Agreement); or (b) the Company terminates the Agreement for Cause, Cause then the Customer shall will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 7525% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent contract year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer. CreditsCredit: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 3767% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Waivers: Access: Company will waive the Customer’s monthly recurring Access Coordination and Central Office Connection for Dedicated Access Service. Network Service Local Access Services AC/COC Charges: Company will waive the applicable Access Coordination (“AC”) and Central Office Connection (“COC”) charges for Network Access Local Access Services. Network Access Service Non-Recurring Charges: Company will waive the non-recurring charges associated with DS1 and DS3 Network Services Local Access Services. Installation Waiver: Company will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT/third party services (including International Access and Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice Over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Priority, and (xi) Services provided by Company incumbent local exchange carriers (ILECs) or by Cellco Partnership and its affiliates. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack or wiring charges), taxes to tax-like surcharges, or other Governmental Charges will not be waived. Inbound Voice Service Group Charges: Company will waive Customer’s monthly recurring charges per Service Group for Inbound Voice Service using Dedicated Access Line and Business Line terminations. Qualifying Condition: CustomerThis local discount is only for customers who are located at the Company’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based serviceheadquarters. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. PromotionPromotions: The Customer is eligible for the following promotion promotions as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract years.:

Appears in 2 contracts

Samples: enterprise.verizon.com, enterprise.verizon.com

Voice Services. In lieu of any other rates and discounts, Customer will receive a discount equal be charged fixed per-minute rates ranging from $0.0190 to 30% $0.0365 for the following Voice Services: International Domestic Voice Service: Domestic Outbound Voice Service, Including International including Interstate Calling Card Service: Standard VBSIII Guide Type 23 rates for US originating International Outbound Service and Domestic Inbound Voice Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates based on origination and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates for International Toll Free Voice Servicetermination type. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 7550% of unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term because the Agreement is terminated early by Customer without Cause; or by Company for Cause, Customer shall pay an “Early Termination Charge” equal to 50% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local UsageOne-Time Credit: Customer will receive a credit three credits, each equal to 37% multiplied times $9,654, applied against Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator 's designated Service Charges incurred for interstate and Directory Assistanceinternational services and any other services mutually agreeable by Company and Customer. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges OPTION NO 175763 (plus equipment charges)rev. Oct 11, excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment chargesAmendment 13) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Commencing on the 8th Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 the following in Total Service Charges in each twelve-month period during Charges: Contract Year 1: $200,000.00 Contract Year 2: $500,000.00 Contract Year 3: $500,000.00 Commencing on the Initial Term. As 8th Amendment Effective Date and for the remainder of the 2nd Amendment Effective DateTerm, Customer’s new AVC is will be $12,000 1,900,000 in Total Service Charges, or a pro rata portion thereof for the current any partial contract year and any subsequent contract yearsyear.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and or discounts, the Customer will receive a discount equal discounts ranging from 25% to 30% for the following Voice Services: International Outbound Voice Service, Including International Calling Card Service: Standard VBSIII Guide Type 23 24 rates for US originating International Outbound Voice Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates and Charges.” Service. International Toll Free Voice Service: Standard VBSIII Guide VBS3 rates for International Toll Free Voice Service. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 75% of the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Tariffed Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage usages charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment Bundles, excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount Classifications, Practices and Regulations: Underutilization and Consequences of Termination: If, in any Contract Year, Customer's Contributing Charges are less than the AVC, then Customer shall pay: (1) all accrued but unpaid charges incurred by Customer; and (2) an underutilization charge (which Customer hereby agrees is reasonable) equal to 50% of the credit will be applied to difference between Customer's Total Contributing Charges during such Contract Year and the AVC. If Customer terminates these Global Terms or a Service Charges (plus equipment charges)other than for Cause, excluding charges or Company terminates these Global Terms or a Service for intrastate telecommunications service. This credit will be reflected on Customer’s invoiceCause, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay Company the following with respect to all Company Services affected by the termination, which Customer acknowledges are liquidated damages reflecting a reasonable measure of actual damages and not a penalty: (a) all accrued but unpaid charges incurred through the date of such termination; (b) a pro rata portion of credits and waivers received by Customer hereunder (excluding credits to compensate for service failures), without setoff or deduction (except disputed amountscredits for service failures); foreign tax credits, if any; and any other credits or waivers explicitly Excluded elsewhere)]; (c) within 30 days of invoice date. Promotion: The Customer is eligible any termination charges or other costs or expenses incurred by Company for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration cancellation of the Termlocal access circuits or related services or equipment and other third party services in connection with the affected Service(s); and (d) an Early Termination Charge calculated in accordance with the sub-clauses entitled “Early Termination Charge for EALC Services” and “Early Termination Charges for Services included within Contributing Charges”. Early Termination Charges for Services included within Contributing Charges: For Services included within Contributing Charges, the Agreement will Early Termination Charge applies only if all the Services included within Contributing Charges are terminated. That Early Termination Charge shall be automatically extended on equal to 50% of the remaining aggregate of the AVC (s) (and a month-to-month basis unless either party terminates pro rata portion for any partial Contract Year), plus any amounts due under the Agreement upon at least sixty (60) days written notice prior to applicable Service Attachment or Service Order for termination of a Service before the end of the Initial Term (“Extended Term”)Service Commitment. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract years.Credits:

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and or discounts, the Customer will receive a discount equal to 3020% for the following Voice Services: International Outbound Voice no range Tariffed Usage: Tariffed usages charges and MRCs for Local and Long Distance Service Bundles, excluding EUCL charges, Operator Service Charges and Directory Assistance. Data Services: In lieu of any other rates or discounts, the Customer will receive a 25% discount off of r the following Data Service, Including International Calling Card : Interstate Private Line Service: Standard VBSIII VBS2 Guide Type 23 rates monthly recurring charges for US originating International Outbound Voice Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates following circuit types: DS1 and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates for International Toll Free Voice ServiceDS3 *Customer certifies that any private line circuit will carry more than 10% interstate traffic. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If If, in any Contract Year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC in any Contract Year during the Initial TermAVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 7525% of the unmet AVCdifference between the AVC and Customer's Total Service Charges during that Contract Year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under this Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates the this Agreement before the end of the Term for reasons other than Cause; or (b) the Company terminates the Agreement for Cause, Cause then the Customer shall will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 7525% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent contract year Contract Year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local UsageOne Time Credit: Customer will receive a $50,000 credit equal to 37% multiplied times applied against the Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Interstate Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract yearsCharge.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. Company reserves the right, in its sole discretion, to examine Customer’s voice calling usage pattern and adjust the rates or impose a surcharge if such usage pattern is not normal or customary under generally accepted industry standards for the type of voice Service being used (“Non-Customary Calling”). In lieu the event Company adjusts Customer’s rates due to Non-Customary Calling, Customer’s sole and exclusive remedy shall be to terminate the remaining usage commitment (if any) under the applicable CSO. In such event, Customer shall continue to be liable for any access loop monthly recurring charges through the remainder of the CSO Term. If 10% or more of Customer’s completed calls during any billing cycle constitute calls with a duration of less than six seconds in length (each, a “Short Duration Call”), Company may charge each Short Duration Call during such Billing Cycle (including those Short Duration Calls under the 10% threshold) an additional surcharge per call. Company shall rate all such calls to the fourth (4th) decimal. In the event of any other rates inconsistency between the provisions of this paragraph and discounts, Customer will receive a discount equal to 30% for the following Voice Services: International Outbound Voice Service, Including International Calling Card Service: Standard VBSIII Guide Type 23 rates for US originating International Outbound Voice Service excluding usage originating or terminating in the locations an applicable pricing table set forth in an Attachment or a CSO, the Voice section provisions in this paragraph shall control. If the completion percentage of this Summary under Customer’s attempted calls is in excess of 50% (the Rates and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates Non- Completed Call Percentage Threshold”) for International Toll Free Voice Service. Classificationsany given week on any given trunk group, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC Company may, in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 75% of the unmet AVC. Ifits sole discretion: (a) Customer terminates upon 30 calendar days’ email notice, disconnect any and all circuits providing the Agreement before the end of the Term for reasons other than Causeapplicable Service; or (b) charge a surcharge for all circuits providing such Service. The following minimum utilization requirement (“Utilization Commitment”) shall apply to end user dedicated 1+ outbound service and end user Dedicated 8xx Inbound Service: No Company terminates port (“Port”) to which any dedicated access loop (“DAL”) is connected may have zero traffic utilization for thirty (30) consecutive days following the Agreement first three (3) calendar months after connection of the Port to the DAL. If the Customer violates the foregoing Utilization Commitment, Company may, in its sole discretion and upon thirty (30) calendar days’ e-mail notice, disconnect the DAL from the Port. This will not excuse Customer from paying the monthly charge for Causesuch Loop or release Customer from any monthly usage commitment set forth in any applicable CSO. Subject to Company’s Underutilization Policy, then if in any applicable monthly or annual period, Customer’s total utilization is less than the Utilization Commitment, Customer shall pay, pay Company an underutilization charge (“Underutilization Charge”) equal to the difference between the Utilization Commitment and Customer’s total utilization of the applicable Services for such monthly or annual period. Such payment shall be in addition to any current usage or recurring monthly charges and shall be paid within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount receipt of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of an invoice containing such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”Underutilization Charge(s). Minimum Annual Volume Customer hereby agrees that the Utilization Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract yearsUnderutilization Charge(s) are reasonable.

Appears in 1 contract

Samples: www.highcomm.com

Voice Services. In lieu of any other rates and or discounts, the Customer will receive a discount equal to of 30% for the following Voice Services: International Outbound Toll Free Voice Service, Including International Calling Card Service: Standard VBSIII VBS3 Guide Type 23 rates for US originating International Outbound Toll Free Voice Service based on origination and termination type, excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates and Charges.” International Toll Free Voice Data Services: In lieu of any other rates or discounts, the Customer will receive discounts ranging from 5% to 15% for the following Data Services: Access: Standard 3-Year Guide rates for Type 1 and Type 3 Converged Ethernet Access Service. Standard VBS3 Guide local loop charges for DS3 Network Services Local Access Services. Circuit Term: The Customer must commit to pay the applicable circuit monthly recurring charge for any Network Services Local Access Service circuit of DS3 or larger for a minimum of 12 months, which will begin at the circuit install date and is independent from the Term of the Agreement. Ethernet Service: Standard VBSIII VBS3 Guide rates monthly recurring charges for International Toll Free Voice ServiceEPL–Metro and EPL-National Services. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 7550% of the unmet AVC. If: (a) Customer terminates If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement before is terminated early by the end of the Term for reasons other than Customer without Cause; or (b) by Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) pay an amount “Early Termination Charge” equal to 7550% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. CreditsCredit: Local Service – CLEC Credit Based on Local UsageOne Time Credit: Customer will receive a one-time credit equal to 37% multiplied times $20,000.00, to be applied against the Customer’s Tariffed usage designated Service Charges incurred for Interstate and International Services and any other Services mutually agreeable by Company and Customer. Waiver: Installation Waiver: The Company will waive the one-time installation charges and MRCs for Local Service and Local and Long Distance Service Bundles associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and the Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Attachment excluding EUCL Priority, and (xvi) Services provided by the Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a the Company Wireless. Usage charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (plus equipment including access, egress, jack, or wiring charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoicetaxes or tax-like surcharges, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Governmental Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may will not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendmentwaived. Payment Arrangements: Customer will Except as otherwise set forth in a Service Attachment, Xxxxxxxx agrees to pay all the Company charges (except disputed Disputed amounts) within 30 thirty (30) days of Customer’s receipt of the invoice date(the “Payment Due Date”). PromotionCustomer will pay a late payment charge equal to the lesser of: The (a) 1.5% per month, (b) the amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law on all Past due amounts that remain unpaid more than 15 days beyond the Payment Due Date. A “Disputed” amount is one for which Customer has given Company written notice, adequately supported by bona fide explanation and documentation. Any invoiced amount not Disputed within 6 months of the invoice date is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years deemed to be correct and binding on Customer. OPTION NO: 64208906 . 57414901 Initial Term: 24 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 12,000.00 in Total Service Charges in (“AVC”) during each twelve-month period during contract year of the Initial Term. As Commencing on the 1st Amendment Effective Date and for the remainder of the 2nd Amendment Effective DateTerm, Customer’s new AVC is will be $12,000 36,000.00 in Total Service Charges, or a pro rata portion thereof for the current any partial contract year and any subsequent contract yearsyear.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and or discounts, the Customer will receive a discount equal discounts ranging from 15% to 3040% for the following Voice Services: Global Card Access: Standard Guide per-minute rates. Customer will pay the surcharges set forth in the Guide. International Outbound Voice Switched Data Service: Standard VBSII Guide rates for U.S.-originating International Outbound Switched Digital Service. International Inbound Switched Data Service: Standard VBSII Guide rates for terminating International Inbound Switched Digital Service. Data Services: In lieu of any other rates or discounts, Including International Calling Card Servicethe Customer will receive discounts ranging from 20% to 30% for the following Data Services: Access: Standard VBSIII Guide Type 23 rates local loop charges for US originating International Outbound Voice Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates DS-0 and Charges.” International Toll Free Voice DS-3 Access Service. Private Line: Standard VBSIII Guide rates monthly recurring charges for International Toll Free Voice U.S. Private Line Service. Access is not eligible for this circuit and is additional. Customer certifies that each private line circuit will carry more than 10% interstate traffic. Classifications, Practices and Regulations: AVC Underutilization and Termination with LiabilityCharges: If Customer's Total Service Charges do not reach the AVC If, in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 75% of Customer’s Total Service Charges do not meet or exceed the unmet AVC. If: (a) Customer terminates the Agreement before the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (ia) all accrued but unpaid charges incurred under this Agreement; and (b) an “Underutilization Charge” in an amount equal to 7525% of the unsatisfied difference between the AVC remaining during and the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges)during that Contract Year. If in any monthly billing period during the Extended Term, excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges do not meet or exceed the Extended Term Minimum then Customer shall pay: (plus equipment chargesa) – excluding all accrued but unpaid usage and other charges for intrastate telecommunications service – for incurred under this Agreement, and (b) an “Underutilization Charge” equal to 25% of the monthly billing period in which that credit is to be applied. Monitoring Condition: difference between the Extended Term Minimum and Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract yearssuch monthly billing period.

Appears in 1 contract

Samples: enterprise.verizon.com

AutoNDA by SimpleDocs

Voice Services. In lieu of any other rates and or discounts, the Customer will receive a discount equal to 3025% for the following Voice Services: International Outbound Voice ServiceTariffed Usage: Tariffed usages charges and MRCs for Local and Long Distance Service Bundles, Including International Calling Card Service: Standard VBSIII Guide Type 23 rates for US originating International Outbound Voice excluding EUCL charges, Operator Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates Charges and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates for International Toll Free Voice ServiceDirectory Assistance. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If If, in any contract year during the Term, Customer's Total Service Charges do not reach meet or exceed the AVC in any Contract Year during the Initial TermAVC, then Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement; and (b) an "Underutilization Charge" in an amount equal to 7525% of the unmet AVCdifference between the AVC and Customer's Total Service Charges during that contract year. IfIf in any monthly billing period during the Extended Term, the Customer’s Total Service Charges do not meet or exceed 1/12 of the AVC then the Customer shall pay: (a) all accrued but unpaid charges incurred under the Agreement, and (b) an amount equal to 25% of the difference between 1/12 of the AVC and the Customer’s Total Service Charges during such monthly billing period. If (a) the Customer terminates the Agreement before the end of the Term for reasons other than CauseCause (as defined in the Agreement); or (b) the Company terminates the Agreement for Cause, Cause then the Customer shall will pay, within thirty (30) 30 days after such termination: (i) all accrued but unpaid charges incurred through the date off such termination, plus (ii) an amount equal to 7525% of the unsatisfied AVC remaining during the year of the termination, and for each subsequent contract year remaining in the Termterm, plus (iii) a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 . 196817, Amendment 1 Initial Term: 24 12 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment During the Extended Term, either party may terminate the Agreement upon at least sixty (60) days prior written notice. Full Extended Term: Customer has the option to extend the Term for a period of 12, 24, or 36 months by signing an addendum (“AVCMigration Promotion Addendum): Customer agrees ) to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract yearsAgreement.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and discounts, Customer will receive a discount equal be charged fixed per-minute rates ranging from $0.0220 to 30% $0.0300 for the following Voice Services: International Domestic Voice Service: Domestic Outbound Voice Service, Including International including Calling Card Service: Standard VBSIII Guide Type 23 rates for US originating International Outbound and Domestic Inbound Voice Service excluding usage originating or terminating in based on origination and termination type. Data Services: Access: In lieu of any other rates and discounts, the locations set forth in Customer will pay a fixed monthly recurring charge of $150.00 for DS1 TDM-based Network Services Local Access Service at 1 CLLI code mutually agreed upon by the Voice section of this Summary under “Rates Customer and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates for International Toll Free Voice Servicethe Company. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 7550% of the unmet AVC. If: (a) Customer terminates If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement before is terminated early by the end of the Term for reasons other than Customer without Cause; or (b) by Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) pay an amount “Early Termination Charge” equal to 7550% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. CreditsWaiver: Local Toll Free Service – CLEC Credit Based on Local UsageWaiver: Customer Company will receive a credit equal to 37% multiplied times waive Customer’s Tariffed usage charges monthly recurring charge for Switched Toll Free Service (CBL) and MRCs for Local Dedicated Toll Free Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment chargesDAL), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will Except as otherwise set forth in a Service Attachment, Xxxxxxxx agrees to pay all the Company charges (except disputed Disputed amounts, as defined below) within 30 thirty (30) days of Customer’s receipt of the invoice “Receipt of Invoice” means 10 days after Invoice date. PromotionPayments must be made at the address designated on the invoice or other such place as the Company may designate. Amounts not paid or Disputed on or before thirty (30) days from Customer’s receipt of the invoice shall be considered past due, and Customer agrees to pay a late payment charge equal to the lesser of: The Customer is eligible for (a) one-half percent (1.5%) per month, or (b) the following promotion amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law, as set forth in applied against the Guide: Regional Checkbook – Monthly Option – 2 Years past due amounts. OPTION NO: 64208906 59000900 (rev. Dec 09, Amendment 3) Initial Term: 24 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty thirty (6030) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual During the Extended Term, either party may terminate the Agreement upon at least thirty (30) days prior written notice. Term Volume Commitment (“AVC”): Requirement: The Customer agrees to pay the Company no less than $12,000 850,000.00 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract years.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and discounts, Customer will receive a discount equal pay fixed per-minute rates ranging from $0.0200 to 30% $0.0390 for the following Voice Services: International Domestic Voice Service: Domestic Outbound Voice Service, Including International including Calling Card Service: Standard VBSIII Guide Type 23 rates for US originating International Outbound and Domestic Inbound Voice Service excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates based on origination and Charges.” International Toll Free Voice Service: Standard VBSIII Guide rates for International Toll Free Voice Servicetermination type. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC AVC, in any Contract Year during the Initial Term, Customer shall pay: pay an "Underutilization Charge" equal to 7550% of the unmet AVC. If: (a) Customer terminates If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement before is terminated early by Customer without Cause or by the end of the Term for reasons other than Cause; or (b) Company terminates the Agreement for with Cause, then Customer shall pay, within thirty (30) days after such termination: (i) pay an amount “Early Termination Charge” equal to 7550% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will Except as otherwise set forth in a Service Attachment, Xxxxxxxx agrees to pay all Company charges (except disputed Disputed amounts, as defined below) within 30 thirty (30) days of invoice date. PromotionPayments must be made at the address designated on the invoice or other such place as Company may designate. Amounts not paid or Disputed on or before thirty (30) days from Customer’s receipt of the invoice shall be considered past due, and Customer agrees to pay a late payment charge equal to the lesser of: The Customer is eligible for (a) one percent (1.5%) per month, or (b) the following promotion amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law, as set forth in applied against the Guide: Regional Checkbook – Monthly Option – 2 Years past due amounts. OPTION NO: 64208906 55870001 (rev. July. 08, Amendment 2) Initial Term: 12 months Commencing on the 1st Amendment Effective Date, the Term will start anew and continue for a period of 24 months months. Commencing on the 2nd Amendment Effective Date, the Term will start anew and continue for a period of 36 months. Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 120,000 in Total Service Charges (“AVC”) during each contract year of the Term Commencing on the 1st Amendment Effective Date and for the remainder of the Term, Customer’s AVC will be $300,000 in each twelve-month period during the Initial TermTotal Service Charges, or a pro rata portion thereof for any partial contract year. As of Commencing on the 2nd Amendment Effective DateDate and for the remainder of the Term, Customer’s AVC is will be $12,000 500,000 in Total Service Charges, or a pro rata portion thereof for the current any partial contract year and any subsequent contract yearsyear.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and discounts, The Customer will receive a discount equal the following range of discounts 6% to 3010% for the following Voice Services: Interstate Outbound and Inbound Long Distance and Calling Card Usage: Standard Guide VBS2 Interstate Outbound and Inbound Long Distances and Calling Card Usage Service. International Outbound Voice ServiceOutbound, Including International Inbound (Toll Free) and Calling Card Service: Standard VBSIII Guide Type 23 rates VBS2 International Outbound, Inbound (Toll Free) and Calling Card service. Audio Conferencing and Net Conferencing Services: The Customer will receive a 20% discount for US originating International Outbound Voice Service excluding usage originating or terminating in the locations set forth in following Audio Conferencing Services: Audio Conferencing and Net Conferencing: Standard Guide VBS2 Audio Conferencing and Net Conferencing Services except for any charges for Operator Hosting (without limitation) and Seat-Based pricing Data Services: The Customer will receive the Voice section following range of this Summary under “Rates and Charges.” International Toll Free Voice discounts 8% to 35% for the following Data Services: Access: Standard Guide VBS2 monthly recurring charges for Access Services. Private Line Service: Standard VBSIII Guide rates for International Toll Free Voice ServiceVBS2 Domestic Private Line (IXC) Services. Classifications, Practices and Regulations: AVC Underutilization and Termination with LiabilityUnderutilization: If Customer's Total Service Charges do not reach the AVC If, in any Contract Year during the Initial Term, Customer's Total Service Charges do not meet or exceed the AVC, then Customer shall pay, upon receipt of written notice thereof: (a) all accrued but unpaid charges incurred under this Agreement; and (b) an "Underutilization Charge" in an amount equal to 25% of the difference between the AVC and Customer's Total Service Charges during that Contract Year. If, in any monthly billing period during the Extended Term, Customer's Total Service Charges do not meet or exceed 1/12 of the AVC then Customer shall pay: (a) all accrued but unpaid usage and other charges incurred under this Agreement, and (b) an "Underutilization Charge" equal to 7525% of the unmet AVC. If: (a) Customer terminates the Agreement before the end difference between 1/12 of the Term for reasons other than Cause; or (b) Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Credits: Local Service – CLEC Credit Based on Local Usage: Customer will receive a credit equal to 37% multiplied times Customer’s Tariffed usage charges and MRCs for Local Service and Local and Long Distance Service Bundles under this Service Attachment excluding EUCL charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges (plus equipment charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoice, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of during such credit exceed Customer's Total Service Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may not be comprised of more than 5% UNE-P based service. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial Term: 24 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates the Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 in Total Service Charges in each twelve-month period during the Initial Term. As of the 2nd Amendment Effective Date, Customer’s AVC is $12,000 for the current contract year and any subsequent contract yearsperiod.

Appears in 1 contract

Samples: enterprise.verizon.com

Voice Services. In lieu of any other rates and discounts, Customer will receive a discount equal be charged fixed per-minute rates ranging from $0.0190 to 30% $0.4000 for the following Voice Services: Domestic Voice Service: Domestic Outbound Voice Service, including Calling Card and Domestic Inbound Voice Service based on origination and termination type. International Outbound Voice Service, Including including International Calling Card: International Outbound Voice Service, including International Calling Card originating in the following locations: Canada, Germany, India, Netherlands and United Kingdom. International Toll Free Voice Service: International Toll Free Service terminating in the following location: Canada. Discounts: Voice Services: The Customer will receive discounts ranging from 10% to 25% for the following Voice Service: International Voice Services: Standard VBSIII Guide Type 23 rates for US originating International Outbound Voice Service, international Inbound Voice Service based on origination and termination type, excluding usage originating or terminating in the locations set forth in the Voice section of this Summary under “Rates and Charges.” International Toll Free Voice ServiceTariffed Usage: Standard VBSIII Guide rates Tariffed usages charges and MRCs for International Toll Free Voice ServiceLocal and Long Distance Service Bundles, excluding EUCL charges, Operator Service Charges and Directory Assistance. Classifications, Practices and Regulations: AVC Underutilization and Termination with Liability: If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay: an "Underutilization Charge" equal to 7550% of the unmet AVC. If: (a) Customer terminates If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement before is terminated early by the end of the Term for reasons other than Customer without Cause; or (b) by Company terminates the Agreement for Cause, then Customer shall pay, within thirty (30) days after such termination: (i) pay an amount “Early Termination Charge” equal to 7550% of the unsatisfied unmet AVC remaining during the year of termination, and for each subsequent contract year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. CreditsWaiver: Local Service – CLEC Credit Based on Local UsageInstallation Waiver: Customer The Company will receive a credit equal to 37% multiplied times Customer’s Tariffed usage waive the one-time installation charges and MRCs for Local Service and Local and Long Distance Service Bundles associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and the Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE, (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Published Service, (xv) Telecommunications Service Attachment excluding EUCL Priority, and (xvi) Services provided by the Company incumbent local exchange carriers (“ILECs”) or by Cellco Partnership and its affiliates d/b/a the Company Wireless. Usage charges, Operator Service Charges and Directory Assistance. The resulting dollar amount of the credit will be applied to Customer's Total Service Charges monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (plus equipment including access, egress, jack, or wiring charges), excluding charges for intrastate telecommunications service. This credit will be reflected on Customer’s invoicetaxes or tax-like surcharges, adjustment memo or other billing document within two billing cycles after the billing cycle on which it is based. Notwithstanding the foregoing, in no event may the amount of such credit exceed Customer's Total Service Governmental Charges (plus equipment charges) – excluding charges for intrastate telecommunications service – for the monthly billing period in which that credit is to be applied. Monitoring Condition: Customer’s Local CLEC usage (Total Service Charges) may will not be comprised of more than 5% UNE-P based servicewaived. Should Customer exceed this threshold, Company reserves the right to change the Local CLEC discount to 15% via an amendment. Payment Arrangements: Customer will pay all Company charges (except disputed amounts) within 30 days of invoice date. Promotion: The Customer is eligible for the following promotion as set forth in the Guide: Regional Checkbook – Monthly Option – 2 Years OPTION NO: 64208906 Initial 245948 Term: 24 30 months Upon expiration of the Initial Term, the Agreement will be is automatically extended (“Extended Term”) on a month-to-month to month basis unless either party terminates the Agreement upon at least sixty (60) days provides written notice six months prior to the end of the Initial Term (“of its intention to not renew the Agreement at the conclusion of the Initial Term. The Extended Term will continue until either party terminates it upon six months prior written notice. The terms of the Agreement will continue to apply during any service-specific commitments set forth in a Service Attachment that extend beyond the Term”). Minimum Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $12,000 2,050,355.00 in Total Service Charges in during each full twelve-month period during after the Initial Term. As Effective Date (“Contract Year”) and after the first two Contract Years, if the Term does not continue to reach a full Contract Year, a pro rata portion of the 2nd Amendment Effective DateAVC for any period remaining in the Term that is less than twelve (12) months (“Partial Contract Year”), Customer’s i.e., the pro rata portion of the AVC is $12,000 for that will be required during any such Partial Contract Year shall equal one-twelfth of the current contract year and any subsequent contract yearsAVC multiplied by the number of months in such Partial Contract Year.

Appears in 1 contract

Samples: enterprise.verizon.com

Time is Money Join Law Insider Premium to draft better contracts faster.