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HomeMy WebLinkAboutC12-166 Nomad Global Communiation Solutions Bandwidth Commitment Form CUSTOMER ACCOUNT INFORMATION Agreement Number: CID # 021 -60047 Contact Person: Barry Smith Email / Phone Number: Barry.Smith(&eaglecounty.us / (970) 328 -3545 Bandwidth Plan: Access Emergency Service Plan — 3.5Mbps x 1 Mbps, 3 Days per month Monthly Bandwidth Fee Rate: $250.00 Overage Bandwidth Costs: $60.00 per Day Voice Plan: VoIP, Four Channel Voice, 1000 minutes per month with 160Kbps CIR Monthly Voice Rate: $60.00 Monthly CIR Rate: $96.00 Overage Voice Costs: $.05 per Minute Contact Nomad prior to or during an emergency to increase the service minutes Beginning Date of Contract: 04/01/2012 Renewal Date: 03/31/2013 TECHNICAL NOTES 1. Services purchased from Nomad GCS, Inc. require a 12 -month commitment, unless other arrangements have been made beforehand and all overage cost will be billed at the end of each month. 2. Services disconnected prior to the completion of the 12 -month period will not qualify for any refund. 3. Notice For Discontinuation of Services: All monthly bandwidth payments are due on the first day of the month of service (monthly prepay) unless Customer has subscribed to an annual pre -paid plan. If payment has not been received by the 2 day of the month, a 7 -Day Suspension Notice will be issued by email to the Customer email contact on file to warn of an imminent service suspension 7 days from the issuance of the 7 -Day Suspension Notice. If payment has not been received within 7 days of this notice, all Network Services will be suspended at 12:01 am on the 9 day of the month. If a suspension occurs, full payment of all amounts due will be required prior to resumption of services. 4. After the 12 -month commitment has been fulfilled, the contract will automatically be renewed for an additional 12 -month commitment at the previously agreed to monthly rate unless the contract details have been changed by Nomad GCS or the CUSTOMER at least 30 days prior to renewal. 5. Nomad GCS, Inc. will notify CUSTOMER of rate changes in written form forty -five (45) days prior to automatic renewal. CUSTOMER must notify Nomad GCS, Inc. of intention to cancel contract in written form thirty (30) days prior to the automatic renewal date. 6. I have read and agree to The Technical Service Overview. CUSTOMER Rep sentative Signatu Date: .. . iwo". (Printed Name) • Technical Service Overview: 1) Definition of Terms. Nomad Global Communication Solutions, Inc. Post Office Box 865, Kalispell, MT 59903 406.755.1721 www.nomadgcs.com Page 1 of 7 Ca Lptf H VI/ tl) a. "Ground Station:" A terminal equipped to receive, or receive and transmit, signals to or from a communication satellite. b. "VSAT" — Very Small Aperture Terminal: A type of "Ground Station" used to contact a communications satellite. This term is typically used to describe the satellite equipment installed on vehicles and buildings at remote sites. c. "QoS" — Quality of Service: The prioritization of specific data by protocol type, port number, or IP Address. d. "Bandwidth ": The data transfer capacity of a network. Measured in bits per second. e. "Shared Bandwidth ": Bandwidth that is shared between subscribers. f. "CIR" — Committed Information Rate: A dedicated amount of bandwidth provided to a CUSTOMER on a specific shared bandwidth circuit. g. "Inbound ": Inbound is a directional statement in relation to the Teleport. This is also frequently referred to as the 'upload' speed at a given site and relates to data being sent from ('uploaded') a remote site (i.e. VSAT antenna) to the Teleport. h. "Outbound ": Outbound is a directional statement in relation to the Teleport. This is also frequently referred to as the `download speed at a given site and relates to data being brought in (`downloaded') to remote site (i.e. VSAT antenna) from the Teleport. i. "SLA" — Service Level Agreement: This is a performance agreement designed to describe the performance offered by a given Satellite Network Operator to the CUSTOMER. j. "Annual Period ": The twelve -month period beginning on the date (or anniversary thereof) that NOMAD began subscribing Network Services to a particular CUSTOMER for a particular CUSTOMER Site pursuant to a valid CUSTOMER Order Form and ending on the anniversary of such date. k. "Service Availability ": The ((sum of the total number of minutes per Annual Period minus Network Downtime), then divided by the total number of minutes per Annual Period)) multiplied by 100. 1. "Network Downtime ": The time period commencing upon NOMAD's acknowledgement following notice from CUSTOMER or Satellite Network Operator that the Network Services are Unavailable to a CUSTOMER due to failure of the Network Services and ending upon notice to CUSTOMER that the Network Services have been restored to the CUSTOMER. m. "Packet Loss ": The term used indicates the loss of data packets during transmission over a computer network. This may happen because of high network latency or because of overloading of switches that are unable to process or route all the incoming data. n. "Unavailable ": (1) The point at which the applicable CUSTOMER is experiencing at least fifty percent (50 %) packet loss, as measured by the Satellite Network Operator, and (2) the applicable Satellite Network Operator and CUSTOMER personnel and other resources are available to assist NOMAD in connection with the resolution of the service failure (and shall not include time that the Satellite Network Provider and applicable CUSTOMER personnel or resources are not available). Unavailable does not include the exclusions set forth in Section 4. o. "Service Credit ": A credit against amounts owed to NOMAD for a particular CUSTOMER Site calculated in accordance with this Agreement. In the case where a service outage or degradation continues for more than twenty-four (24) hours after notice of such interruption has been received by the vendor, CUSTOMER will receive a CREDIT determined by dividing the length of the outage by the days in the month and multiplying that number times the total billing for a normal month. In the event of an interruption of the Service that continues for a period of twenty -four (24) hours or more, credit allowance will be made, at CUSTOMER'S written request, for an amount not to exceed the prorated monthly charges for CUSTOMER'S Service during the affected period. The credit will be available only where the interruption is in no part due to CUSTOMER'S acts or omissions whether negligent or otherwise or by interruptions caused by failure of any equipment or service not provided by NOMAD. One (1) Service Credit equals 1/720 of the amounts payable to NOMAD for NOMAD Network Services for the applicable Calendar Month, in respect to a particular CUSTOMER Site pursuant to the applicable CUSTOMER Order Form. Nomad Global Communication Solutions, Inc. Post Office Box 865, Kalispell, MT 59903 406.755.1721 www.nomadgcs.com Page 2 of 7 • 2) NOMAD Global Communication Solutions [NOMAD] is a Value Added Reseller (VAR) of voice, data and video products. NOMAD provides Tier 1 support and subscription services for satellite based communication technologies to our valued CUSTOMERs. Upon written Purchase Order (PO) request, CUSTOMER Order Form, and applicable payment, NOMAD will subscribe CUSTOMER to an appropriate satellite bandwidth plan determined by NOMAD and the CUSTOMER to best meet the operational bandwidth and budgetary requirements of each CUSTOMER. Unless otherwise denoted as a Single Channel Per Carrier (SCPC) satellite bandwidth service, CUSTOMER(s) will be subscribed to a satellite network that shares the capacity of the total network over many different customers and users supporting many different applications. Baseline network performance, bandwidth speeds, CIR availability and SLAs vary from one (1) satellite network provider to another. 3) NOMAD endeavors to assist our CUSTOMERs in the selection of the most appropriate bandwidth products for each CUSTOMER application and budget, but as NOMAD is a VAR for satellite network providers, and not the actual network provider, our CUSTOMERs must acknowledge the following: a) Due to the nature of a shared bandwidth network, bandwidth speeds can only be guaranteed by the purchase of CIR as a supplement to the standard shared bandwidth service plans. b) NOMAD is not the provider of satellite communication services. As NOMAD is not the provider of these services, the CUSTOMER acknowledges the following: a. NOMAD cannot be held liable for the quality of or the uninterrupted availability of satellite communications services b. NOMAD shall not be liable for CUSTOMER's inability to complete voice calls or to transmit data c. NOMAD has provided SLA documentation for the applicable Satellite Network Operator with this document for CUSTOMER'S review. d. NOMAD will represent the CUSTOMER to the Satellite Network Operator in an effort to procure any remediation due to the CUSTOMER if the Satellite Network Operators SLA has not been met for any applicable reasons. c) Upon written notice from CUSTOMER, NOMAD will facilitate service availability and/or changes with the satellite network provider. 4) CUSTOMER further acknowledges that satellite communications devices may not function properly under the following circumstances, and upon NOMAD's sole discretion, shall not be deemed Unavailable and/or eligible for any credit or liability for lack of connectivity: a. When a clear line -of -sight from the device's antenna to satellite(s) is obscured by any material through which satellite communications signals cannot penetrate (e.g. buildings, mountains, accumulation of snow, and other materials which absorbs or reflects the radio frequency used by the satellite communications device). b. During heavy rainfall, snowfall, falling ash, or other unpredictable weather. c. When other radiation, natural or unnatural, including interference from other electronic devices such as microwave ovens, cordless phones, or other wireless device(s) of the same frequency or other conflicting frequencies may exist in the area. d. When adequate and clean electricity is not provided to the equipment, or unusual electrical stress. e. If the satellite dish becomes misaligned due to changing seasons or humidity, settling of new or old buildings, outside factors, unusual physical stress or unexplained phenomenon. f. Traffic volumes in excess of those committed by the Satellite Network Operator. g. Negligence of the CUSTOMER Including, without limitation, violation of Policies contained herein, non - fulfillment of its obligations under the Agreement, or damage to any equipment used to access the network services. Nomad Global Communication Solutions, Inc. Post Office Box 865, Kalispell, MT 59903 406.755.1721 www.nomadgcs.com Page 3 of 7 1 NI p fi h. Anything beyond the reasonable control of NOMAD GCS, including, but not limited to act of God, fire, flood, adverse weather conditions, meteorological or atmospheric occurrences or disturbances (including sun outages), or other natural events, any irreparable satellite component failure, satellite unavailability, externally caused interference, acts of government, national emergencies, and the like. i. Scheduled maintenance. j. Slow data rates that do not render the network services unavailable. k. Unavailability resulting from CUSTOMER's failure to use NOMAD approved VSAT equipment. 1. Suspension of network services by NOMAD for failure of payment. 5) CUSTOMER thereby understands and agrees that satellite based communication paths require a centralized Ground Station facility that may require periodic maintenance. This Ground Station maintenance may be performed routinely, resulting in loss of service for indeterminable amounts of time. • Technical Service Reporting and Support: 6) NOMAD provides technical support at its Corporate Headquarters in Kalispell, MT and may be contacted by dialing (406- 755- 1721). NOMAD is available to support CUSTOMER's that may need assistance with utilization of the satellite hardware and will coordinate implementation of Network Services between the CUSTOMER and the Satellite Network Operator. 7) NOMAD will provide Tier 1 technical assistance to CUSTOMER for problems, questions or issues that relate directly to NOMAD provided and CUSTOMER purchased equipment, installation services, integrated software, maintenance services, Satellite Network Services or other contracted services. NOMAD may also provide, at NOMAD's sole discretion, technical assistance for problems, questions, or issues caused by CUSTOMER provided equipment, installation, software, or actions for the rates in Installation and Technical Services Rates Guide beyond the scheduled warranty period. 8) Reporting Unavailability a. CUSTOMER Investigation: Prior to reporting any potential issue of Unavailability of Network Services, CUSTOMER shall first ensure that the conditions noted in Section 4 of this document are not the cause of the Unavailability or technical services may be deemed billable. b. CUSTOMER Reporting: CUSTOMERs may contact NOMAD's CUSTOMER Service Department via telephone, or email to report the Unavailability of Network Services. NOMAD shall use its commercially reasonable efforts to respond to any report of Unavailability of the Network Services within two (2) hours following receipt of such report by either (a) telephone or (b) the same means by which the inquiry was submitted by CUSTOMER, which response shall acknowledge receipt of the report and issue a Trouble Ticket tracking number. 9) NOMAD Resolution a. Following the receipt of a report of Unavailability of Network Services or Hardware, NOMAD will work with the CUSTOMER to investigate and resolve such Unavailability and restore Network Services or Hardware. CUSTOMER shall ensure the appropriate personnel and other resources are available to assist NOMAD in connection with the resolution of the service failure during all periods of Unavailability otherwise NOMAD's technical service rates may apply. b. If a network Unavailability condition exists where the Satellite Network Operators SLA is not met, NOMAD will represent the CUSTOMER to the Satellite Network Operator to procure any remediation, monetary or otherwise, due the CUSTOMER as stated in the Satellite Network Nomad Global Communication Solutions, Inc. Post Office Box 865, Kalispell, MT 59903 406.755.1721 www.nomadgcs.com Page 4 of 7 \ IVliitk Operators SLA. c. Service Credit Accrual. Beginning on NOMAD'S confirmation of the service failure, (1) Service Credit shall accrue for each hour that the Service Availability is less than 99.5% as measured over each Annual Period. Service Credits shall not accrue for any time that CUSTOMER shall fail to make appropriate personnel and resources available to NOMAD. d. No Refunds. Service Credits shall be applied only to the applicable Monthly Recurring Fees following the Annual Period during which the event - giving rise to the Service Credit occurred. In no event shall CUSTOMER be provided a Service Credit in cash, refund, or any other form other than a credit against applicable Monthly Recurring Fees. e. Exclusive Remedy. Regardless of any provision of this Agreement or otherwise, Customer's sole remedy for NOMAD'S failure to provide Network Services as indicated shall be the Service Credits provided. • Warranty Coverage: 10) NOMAD agrees to warrant all NOMAD manufactured equipment for a period of one (1) year from date of purchase or installation, whichever is later. a. NOMAD provides extended warranty coverage for additional cost. 11) NOMAD agrees to warrant all NOMAD installation and network configuration services for a period of ninety (90) days. a. NOMAD provides extended warranty coverage for additional cost. 12) NOMAD agrees to extend the factory warranties for any non -NOMAD equipment provided by NOMAD to the CUSTOMER. a. NOMAD further agrees to function as the warranty conduit for all non -NOMAD equipment provided by NOMAD for one (1) year from the date of purchase or installation, whichever is later. b. NOMAD will provide warranty details to the CUSTOMER for any non -NOMAD equipment provided by NOMAD. Note: Some non -NOMAD equipment comes with warranty periods less than one (1) year. c. Any service and or assistance required replacing or repairing CUSTOMER equipment within factory warranty and occurring after NOMAD's one (1) year warranty conduit will be billed to the CUSTOMER at the standard Billing Rates described in the Installation and Technical Services Rates Guide. • Warranty and Service Exclusions: 13) NOMAD will only provide Equipment Replacement for causes resulting from normal use. Malfunctioning of Equipment caused by the following (the "Warranty and Service Exclusions ") shall not constitute normal use and shall not be covered under warranty: a. CUSTOMER's unauthorized attempt to repair, or modify, or maintain the Equipment or improper use or operation. b. Damage to the Equipment from fire or other casualty, mischief, theft or other criminal act or willful misconduct, or damage due to the acts of CUSTOMER or any other person. c. Operational fault or negligence of the CUSTOMER. d. Abuse or misuse of Equipment for purposes other than the designed purpose. e. Damage to Equipment caused by transportation, alterations, or supplies not suitable for the Equipment. Nomad Global Communication Solutions, Inc. Post Office Box 865, Kalispell, MT 59903 406.755.1721 www.nomadgcs.com Page 5 of 7 f. Failure to keep NOMAD supplied and installed electronics equipment (router, controller, modem, switch, phones, UPS, etc.) free from dust, grime, water or other liquids, or failure to provide sufficient airflow or supply of power free from significant or frequent power surges; acts of God; power failure; localized RF interference; fire; flood; water; lightning; vandalism; as long as the cause is not created by NOMAD or the agents of NOMAD. g. Service Visits where technician access is denied to service equipment. h. Equipment malfunctioning that could have been avoided or resolved had CUSTOMER contacted NOMAD for technical assistance. 14) Standard Service and Warranty does not include: a. On -Site Service or Warranty. b. Relocating Equipment. c. Adding or removing accessories. d. Furnishing supplies or accessories. e. Performing manufacturer's preventative maintenance requirements or recommendations as prescribed and supplied by and individual manufacturer. f. System engineering due to non -NOMAD authorized Equipment or installation alteration (such as removing dish for roof work). g. Any maintenance, repair or replacement required due to Warranty and Service Exclusions. 15) Service technician dispatches where a No Trouble Found (NTF) event is identified due to NOMAD equipment or services may be invoiced to CUSTOMER, at NOMAD's sole discretion at the rates identified in the Installation and Technical Service Rates Guide. NTF Events are defined as: a. No trouble is found. b. The trouble found at the site is caused by equipment not provided by NOMAD. c. The existence of a condition described in Sections 4 or 5 above. 16) hi all such NTF cases, any resulting dispatches will be billed to CUSTOMER at the time and materials rates defined in the Installation and Technical Service Rates Guide. CUSTOMER acknowledges and agrees that NOMAD is not the manufacturer of all Equipment and Software and that NOMAD's ability to provide Warranty and Service is contingent upon its ability to obtain hardware and software repair and the upgrade services from manufacturers. 2012 Installation and Technical Service Rates Guide Nomad Global Communication Solutions, Inc. Post Office Box 865, Kalispell, MT 59903 406.755.1721 www.nomadgcs.com Page 6 of 7 The following hourly billing rates, material charges, and travel charges apply to special service and /or technical on- site support and maintenance services provided by Nomad Global Communication Solutions (GCS), outside of basic warranty issues. Nomad Service Provided Rate 1. Labor Billing Rates: a. Straight Time: Hourly Rates for work performed during Business Hours (lam to 6pm) on any Business Day $105.00 /hour b. Weekday Overtime and Saturday: Work performed on Saturday or in excess of eight (8) hours on any day $157.50 /hour c. Double Time / Holidays: Work performed on Sunday, Holidays or in excess of twelve (12) hours on any given day $210.00 /hour d. Travel Time: Time required for travel to and from Customer location for technicians and equipment $80.00 /hour dispatched (minimum charge = $40.00) e. Minimum One (1) Hour Billing: Initials: There is a one (1) hour minimum billing. Travel Time is not included in the minimum one (1) hour billing time, but is calculated as an additional and separate fee. In the event Nomad determines that completion of repairs will be more than four (4) hours, Customer authorization to continue repairs will be required. 2. Materials: Applies to all materials required to restore service: Nomad Price or Cost + 25% if non- Standard 3. Travel Charges: Travel rates are applied to all installation and service calls. Travel charges are in addition to the minimum hourly rates (stated in Item 1 above) and are calculated from 3240 Highway 2 East in Kalispell, MT, where Nomad provides service: Cost plus 25% 4. Shipping Prices: Shipping charges incurred outside Normal Business Hours (M -F, 8 -5) will be subject to an Expedite Fee at the Customer's expense. Pricing is dependent on the mode of shipping and the cost through the shipping company (e.g. if shipping or delivery is requested to be made on a weekend or holiday, or delivery is requested for earliest variable delivery time): Nomad invoice payments are due according to the payment terms shown on the invoice. Delinquent accounts will be charged interest at the rate of 2% per month (24% per annum), or the maximum allowed by law, on all past due accounts. All equipment purchased from Nomad shall remain in the property of Nomad until fully paid for. Nomad equipment sales are final. Nomad Global Communication Solutions, Inc. 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