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Northwest Fiber LLC 9/11/2020
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Northwest Fiber LLC 9/11/2020
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Entry Properties
Last modified
9/21/2020 11:17:10 AM
Creation date
9/21/2020 11:16:57 AM
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Contracts
Contractor's Name
Northwest Fiber LLC
Approval Date
9/11/2020
Council Approval Date
9/9/2020
End Date
8/3/2023
Department
Information Technology
Department Project Manager
Judie Shirley
Subject / Project Title
Increase bandwidth for Everett Channel
Tracking Number
0002419
Total Compensation
$3,600.00
Contract Type
Agreement
Contract Subtype
Technology
Retention Period
6 Years Then Destroy
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Zlpl fiber Fiber Broadband and OneVoice Schedule <br /> LEGACY and CT <br /> Business <br /> OneVoice SERVICE DESCRIPTION: <br /> o Main Line—business line with the following features: <br /> ■ Nationwide Unlimited-Unlimited domestic LD plus unlimited local(voice traffic only),Acceptable Use Policy applies.No call detail record provided for OneVoice <br /> Nationwide. <br /> o Optional All in Feature Package: Customer may choose any or all from the available feature list for an additional fee <br /> o Usage: <br /> • The following usage types WILL BE included in the plan: <br /> V Domestic outbound interstate,intrastate and IntraLATA long distance usage <br /> ✓Certain offshore outbound usage to U.S.Territories <br /> ■ The following usage types WILL NOT BE included in the plan: <br /> ✓Domestic and Canadian inbound(toll free)long distance usage <br /> ✓International usage <br /> V Directory Assistance <br /> V Information service calls(900) <br /> ✓Dial-up Internet calls(will be billed at$0.10 per minute) <br /> ✓Telesales and telemarketing applications using auto dialers <br /> Availability. OneVoice is available only for customers with a maximum of twenty-five (25) business lines. OneVoice is not available with Centrex lines,foreign <br /> exchange central office services or public telephone services and analog to digital conversion,digital PBX services or the equivalents of any such services. <br /> Acceptable Use Policy applicable on OneVoice Nationwide:OneVoice long distance minutes are only available on line(s)for commercial domestic outbound long <br /> distance voice usage.Customers with usage inconsistent with normal commercial applications and usage patterns may be converted to an alternative voice service <br /> with charges for local and long distance calling. <br /> Internet Acceptable Use Policy and Security. <br /> o Customer shall comply,and shall cause all Service users to comply,with Ziply Fiber's Acceptable Use Policy("AUP"),which Ziply Fiber may modify at any time. <br /> The current AUP is available for review at the following address,subject to change:http://www.ziplyfiber.com/policies/commercial aup/ <br /> o Customer is responsible for maintaining awareness of the current AUP and adhering to the AUP as it may be amended from time to time. Failure to comply with <br /> the AUP is grounds for immediate suspension or termination of Ziply Fiber Internet Service,notwithstanding any notice requirement provisions of the ZFSA. <br /> o Customer is responsible for the security of its own networks, equipment, hardware, software and software applications. Abuse that occurs as a result of <br /> Customer's systems or account being compromised or as a result of activities of third parties permitted by Customer may result in suspension of Customer's <br /> accounts or Internet access by Ziply Fiber. Customer will defend and indemnify Ziply Fiber and its affiliates with respect to claims arising from Customer's or third <br /> parties'usage of Ziply Fiber Internet access through Customer's hardware or software. <br /> Equipment. <br /> o Customer acknowledges and agrees that the Equipment and Services provided by Ziply Fiber hereunder are subject to the terms, conditions and restrictions <br /> contained in any applicable agreements(including software or other intellectual property license agreements)between Ziply Fiber and Ziply Fiber's vendors,and all <br /> applicable licenses are subject to the manufacturer's end user license terms and conditions. <br /> o Ziply Fiber retains title to leased Equipment. Ziply Fiber retains title to purchased Equipment until the Ziply Fiber is paid in full.Customer grants a security interest <br /> in the purchased Equipment to Ziply Fiber,pending full payment,and shall take all additional measures necessary to perfect such security interest at Ziply Fiber's <br /> request. <br /> o Equipment is warranted pursuant to the applicable manufacturer's standard warranty provisions,as outlined in the documentation packaged with the Equipment. <br /> This Schedule shall not be construed as granting a license with respect to any patent, copyright,trade name,trademark,service mark,trade secret or any other <br /> intellectual property, now or hereafter owned,controlled or licensable by Ziply Fiber or the third party manufacturers. Customer agrees that Ziply Fiber has not <br /> made,and that there does not exist,any warranty,express or implied,that the use by Customer of the Equipment will not give rise to a claim of infringement,misuse, <br /> or misappropriation of any intellectual property right.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,AND ZIPLY FIBER <br /> DISCLAIMS ALL OTHER WARRANTIES INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR <br /> FUNCTION,TITLE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. <br /> o The Equipment may contain certain software code that is developed by third parties,including software code subject to the GNU General Public License("GPL")or <br /> GNU Less General Public License("LGPL").Copies of the licenses and a downloadable copy of the source code for the open source software that is used in this <br /> product are available on the following website:https://ziplyfiber.com/helpcenter/categories/internet/other-services/open-source-software-portal. <br /> Early Termination Charge for Broadband <br /> o Notwithstanding section 4 of the ZFSA, if Customer terminates the Service for any reason other than breach by Ziply Fiber or by Ziply Fiber due to <br /> Customer's breach,then Customer shall pay Ziply Fiber a termination charge equal to the following calculations: <br /> o For a 12 month Service Term: Customer shall pay Ziply Fiber a termination charge equal to$33.33 multiplied by the number of months remaining in the <br /> Service Term and any applicable taxes and surcharges. Partial months shall be prorated. The cancellation charge shall not exceed$400.00. <br /> o For a 24 Month Service Term: Customer shall pay Ziply Fiber a termination charge equal to$25.00 multiplied by the number of months remaining in the <br /> Service Term and any applicable taxes and surcharges. Partial months shall be prorated. Customer The cancellation charge shall not exceed$600.00. <br /> o For a 36 Month Service Term:Customer shall pay Ziply Fiber a termination charge equal to$22.22 multiplied by the number of months remaining in the <br /> Service Term and any applicable taxes and surcharges. Partial months shall be prorated. The cancellation charge shall not exceed$800.00. <br /> Ver.11252019v3 <br /> Page 2of3 <br /> Doc ID:4c7fa30090d0b8eec147356e4ccf97f69e7db4d9 <br />
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