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Product Rider- Dedicated Internet Access (Ver. 1-6)
<br />Product Rider- Dedicated Internet Access (Ver. 1-6)
<br />Confidential
<br />C Cogent Communications. 2008
<br />Under the "Aggregate Burst Billing" option available in conjunction with 95th percentile burst billing, excess bandwidth usage is calculated by COGENT as the
<br />difference between total aggregated bandwidth usage and the summed Bandwidth Commitment across all aggregated ports, where total aggregated bandwidth
<br />usage is determined by adding usage samples every 5 minutes across all aggregated ports. For example, if there are three aggregated ports, every 5 minutes three
<br />inbound samples and three outbound samples are collected added up to one bandwidth usage value per direction, and the higher of the two values is retained. In
<br />a 30-day billing period, the final 8,640 retained bandwidth usage values reflect the aggregated usage across all ports. These values are listed from highest to
<br />lowest. The highest 5% or 432 values are discarded (representing the top 5% of usage levels). The highest remaining value (value 433 in this example) is used to
<br />determine total aggregated bandwidth usage.
<br />Under both "Summed Burst Billing" and "Aggregate Burst Billing" options, a Master Service is defined in the Order Form, and all other Services involved in a
<br />Summed or Aggregate calculation are listed. Excess bandwidth usage (burst usage) calculated across the listed ports will be billed on the Master Service account.
<br />The relevant data (additional per Mbps charge for excess bandwidth usage and Billing Currency) pertaining to the Master Service will be used for calculating
<br />excess bandwidth usage fees across Master Service and all other involved Services. For example, if a customer orders ports in the UK, US, and Canada and
<br />defines the US port as the Master, all excess bandwidth usage wil I be billed on the US invoice in US dollars, at the burst fee indicated on the US port order form.
<br />3. Customer's Duties to Cooperate
<br />Customer or its representative must cooperate with COGENT in the installation process, which includes accurate completion of an Order Form containing
<br />detailed demarcation information and other onsite contact listings, and of the necessary technical questionnaires (IP Questionnaire, BGP Questionnaire, etc.) as
<br />provided by COGENT. Customer or its representative must be physically present at the time of installation. During installation and at all other times, the
<br />Customer will allow access and if necessary provide escort, for COGENT's or its representatives' necessary personnel to perform the installation and
<br />maintenance of the Service, to the designated building's phone closet(s) or telecommunications room or to the Customer's premises for the purposes of survey,
<br />installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer's failure to cooperate shall release COGENT from
<br />its obligations pertaining to the Installation Guarantee included in the SLA but shall not suspend the Service Date or billing start date.
<br />In the event of technical problems relating to the Service, the Customer will ensure that COGENT's or its representatives' service engineers have unrestricted
<br />access to the designated building's phone closet(s) or telecommunications room or to the customer premises equipment. Customer's failure to provide access
<br />shall release COGENT from its obligations pertaining to the Network Availability part of the SLA.
<br />4. Demarcation Point
<br />Within a COGENT data center: If Service delivery takes place within a COGENT data center, COGENT will deliver the Service at a demarcation point situated
<br />on the COGENT equipment COGENT will provide, maintain and operate the necessary wiring ("Cross-Connect") for Customer to connect to COGENT's
<br />service at the indicated demarcation point. COGENT will provide such Cross-Connect for the fee set forth on the Order Form.
<br />Within a third-party data center- If Service delivery takes place within a third party data center (i.e. that is not owned and/or operated by COGENT), COGENT
<br />will deliver the Service at a demarcation point situated on the COGENT equipment. Unless otherwise agreed, Customer will at its own cost provide, maintain and
<br />operate the necessary wiring ("Cross-Connect") to connect to COGENT's service at the indicated demarcation point. If Customer and COGENT agree that
<br />COGENT shall provide such Cross-Connect, then COGENT will provide such Cross-Connect against fees such as indicated on the Order Form and the Service
<br />demarcation point will remain on the COGENT equipment.
<br />Within an On-Net corporate building If Service delivery takes place within an On-Net corporate building, COGENT will deliver the Service at a demarcation
<br />point situated on the COGENT equipment within the Customer's suite. COGENT will provide, maintain and operate the necessary wiring ("Riser") between the
<br />building entry and the indicated demarcation point.
<br />At an O!-Net Customer Location. Off-Net Services are being delivered to the Customer Location indicated in the Order Form through a third-party local loop to
<br />be provisioned by COGENT on behalf of Customer. As such, the Customer and COGENT agree that the charges set forth in the Order Form for such Service
<br />assumes that such Service will be terminated at a pre-established demarcation point or minimum point of entry (MPOE) in the building housing the Customer
<br />Location, as determined by the local access provider. COGENT may charge Customer additional nonrecurring charges not otherwise set forth herein for such
<br />Service where the Customer or local access provider determines that it is necessary to extend the demarcation point or MPOE through the provision of additional
<br />infrastructure, cabling, electronics or other materials necessary to reach the Customer Location. It shalt be the Customer's responsibility to allow access to the
<br />facility for the local access provider, as well as to facilitate or coordinate with the property owner at the Customer Location, all additional space and electricity
<br />determined by the local access provider to be necessary to provide the Service. COGENT will notify Customer of any additional non-recurring charges, if any, as
<br />soon as practicable after COGENT is notified by the local access provider of the amount of such charges. From time to time, COGENT may provide, and
<br />Customer may accept, budgetary estimates for the extension of the demarcation point to the Customer Location along with the initial Order Form. These
<br />estimated costs may be based on certain known costs or typical installations that do not require extraordinary efforts by the provider to extend the service. In the
<br />event actual costs exceed the budgetary estimate, Cogent will notify the Customer as outlined above.
<br />In addition, the charges and the Tenn set forth in the Order Form for the Service assumes that such Service can be provisioned by COGENT through the local
<br />access provider selected by COGENT (and/or Customer) for the stated Term. In the event COGENT is unable to provision such Service through the selected
<br />local access provider or the selected local access provider requires a higher cost or longer Service Term than that set forth in the Order Form, COGENT reserves
<br />the right, regardless of whether COGENT has accepted the Order Form, to suspend provisioning of the Service hereunder and notify Customer in writing of any
<br />additional non-recurring charges, monthly recurring charges and/or Term that may apply, or to cancel the Service set forth on the Order Form. Upon receipt of
<br />such notice, Customer will have five (5) business days to accept or reject such changes. If Customer does not respond to COGENT within the five (5) business
<br />day period, such changes will be deemed rejected by Customer. In the event Customer rejects the changes (whether affirmatively or through the expiration of the
<br />five (5) business day period) or if COGENT elects to cancel the Service ordered herein, the affected Service will be cancelled without cancellation or termination
<br />liability of either party.
<br />CUSTOMER: C=CV of Santa Lana
<br />Title: Ar•1-i nr* Ci rv 7fanar•ar
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<br />Date: C9. G??V J
<br />Page 2 of 2
<br />Cogent Communications
<br />See Order Form or web site for full contact details.
<br />Accepted and agreed to:
<br />COGENT COMMUNICATIONS
<br />By:
<br />Title:
<br />Date:
<br />APPROVED AS TO
<br />www.cogentco co n
<br />Laura Stitt Sb
<br />Assistant City A
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