- Pre-installation terms
- Field Services Fee Schedule
- Disconnect Orders
- Administration Fee
- Regulatory Fees and Surcharges (RFS)
- Miscellaneous Charges
- Nitel SIP Trunking
- Long Distance
- POTS (Plain Old Telephone Service) Lines
- Fax to Email
- Warranty Disclaimers/Disclaimers of Liability
- 911 Service Limitations and Disclaimers
- Certain Services Not Supported
- Calling Party Number
- Certified IP Originated Traffic
- Theft of Service/Lawful Purposes Only
General Terms and Conditions
In accordance with Nitel’s Master Service Agreement (MSA), the terms and conditions of this Service Guide are subject to modification upon 30 days prior written notice to Customer (“Notice”). When providing notice under the MSA, Nitel may utilize one of the following methods, and Nitel will determine in its sole discretion which of the methods described here or set forth in the MSA is appropriate under the circumstances: (i) by bill insert or bill page notice; or (ii) via an email to Customer’s billing and/or technical contact of record. Nitel may determine that it is appropriate under certain circumstances to provide Notice via more than one method; however, such multiple Notices are not required. With respect to revisions of the Service Guide, Customer’s continued usage of or payment for any such affected Service after the effective date of any modification for which Customer has received Notice shall be deemed Customer’s acceptance of the modification(s).
Nitel and Customer acknowledge and agree that the only contractual terms and conditions governing Nitel’s provision of Services to Customer will be those set forth in the Nitel Master Service Agreement and the Service Order form(s) submitted by Customer. Any additional terms and conditions, including without limitation, terms and conditions proffered by Customer as part of a vendor onboarding process will be of no effect. The parties further agree that any requirement by Customer that Nitel agree to additional terms and conditions in order to receive payment for Nitel Services will be deemed a material default by Customer under the MSA and will entitle Nitel to the remedies provided for in the MSA, including Customer’s payment of early termination fees.
All Services
Pre-Installation Terms
Cancellation Before Start of Service
Cancellation Fees will be applied to the Customer’s account if an order is cancelled before the Start of Service Date by the Customer; or by Nitel due to Customer’s failure to cooperate in scheduling service installation, including lack of timely communication and/or not completing site readiness requirements as outlined in this Nitel Service Guide.
Customer agrees to pay a $500 Cancellation Fee plus any additional costs Nitel incurs from its providers for the cancelled order.
INSTALLATION CHARGE WAIVER
Installation charges will be waived for all Nitel provided Service Components listed below. If any such Service Component is disconnected during the Initial Term of the Service, after Start of Service, Customer must pay the full amount of the installation charge previously waived.
DS1: $2,500
DS3: $3,000
FE: $3,000
OC3: $5,000
GigE: $5,000
Broadband: $1,000
Cable: $1,000
DSL: $1,000
Ethernet over Copper (EoC): $1,000
Ethernet over Fixed Wireless (EoFW): $3,000
Ethernet over Hybrid Fiber Coaxial (EoHFC): $1,000
CUSTOMER SITE READINESS REQUIREMENTS
Local Contact (LCON) – The party ordering service from NITEL must provide a local contact’s name and phone number with whom the NITEL representative can speak regarding scheduling, building access and problem resolution, should the need arise. In order for NITEL to confirm the firm provisioning interval, the LCON must:
- Be familiar with the location where service has been requested
- Have decision making power to address the service requirements requested
- Have the authority to confirm the ready date for all requirements that are responsibility of the customer
Note: For resale orders, Customer is responsible for coordinating its end user’s compliance with the site readiness requirements listed herein and ensuring that the end user meets those requirements on a timely basis in order to avoid service order delays.
Fiber Cable Supporting Structure – A clear underground or aerial path is required from the property line where NITEL facilities exist, to the telephone equipment room to support the entrance fiber. For example, if conduit is used:
- Minimum 2” conduit with a pull rope from the property line to the point of entrance. A 4” conduit is recommended, and 4” conduit – schedule 40 is required in some regions.
- Minimum 3’ sweeping radius – no right angles – no more than three 90˚ angles without a pull box. Dimensions for pull box space – 12” x 12” x 18”
- A clear path with conduit or cable tray needs to be provided from the point of entrance to the demarcation location where the equipment will be placed (if applicable).
- Customer is encouraged to share this information with your Electrical Contractor
Power – Customer is required to provide permanent dedicated power for the equipment being installed.
Grounding – If the Customer site will be using a stand-alone, centralized bulk power plant (now or at any time in the future), then grounding is required as follows: #2 stranded ground is required from the Customer’s earth electrode system to the equipment room. This will be connected to a grounding bus bar, or otherwise directly connected to different components. A #6 stranded ground is required from the grounding bus bar to the network equipment.
Wall Backboard – 4’ x 8’ x 3/4” Fire rated Plywood fastened to studs. In some instances, at Customer request, a Customer-provided bay can be used in lieu of the wall backboard. This alternate arrangement must be discussed with the NITEL engineering representative.
- No expedites of quoted due dates will be considered until the room is ready for service.
- The Customer must have the site ready by the FOC Date to avoid any delays in providing the requested service. If delays are anticipated, the customer should contact their Nitel representative as soon as they are aware of the problem, so Nitel work forces can be re-scheduled.
CUSTOMER NOT READY (CNR)
If on the LEC FOC Date, Customer is not ready to use the Service (“CNR”) for any reason, including but not limited to, power or interconnecting facilities at the Customer site being unavailable, the unavailability of services or other products provided by a party other than Nitel, or Customer not providing the necessary access to the Customer location, Customer will promptly either accept for billing or cancel (under Section 10) and re-order the portion(s) of the Service that are ready for activation. If Customer will not be ready to accept the Service on the LEC FOC Date, Customer must provide Nitel with written notice to orders@nitelusa.com and provisioning@nitelusa.com at least five (5) business days prior to the LEC FOC Date. Upon receipt of timely notice from Customer, Nitel will attempt to change the Order with the underlying carrier. Customer will be liable for payment of any applicable change fees as set forth in the Service Guide. If Nitel is unable to change the Order with the underlying carrier or if Customer fails to provide the required notice and is not ready to accept Service on the LEC FOC Date and Customer chooses not to cancel the Service, Customer will be liable for payment of a monthly CNR fee which will be equal to the MRC for the Service. Customer will be liable for payment of the CNR fee until such time that Customer is ready to accept Service. Nitel reserves the right to cancel the Service at any time on or after the LEC FOC Date and charge Customer the applicable cancellation fee for the Service in addition to the CNR Fee (if applicable) up until the time of cancellation.
CHANGE ORDER
Service will be provisioned according to the location information and technical specifications detailed on the Service Order Form. Changes and modifications to this information must be submitted in writing to orders@nitelusa.com referencing your Nitel provided Order Number. Each change will incur a $500 Design Change Fee per location.
REQUESTED DUE DATE CHANGES
Changes to your Requested Due Date must be submitted in writing to provisioning@nitelusa.com referencing your Nitel provided Order Number. Each change will incur a $500 Due Date Change Fee per location.
Field Services Fee Schedule
View the Field Services Fee Schedule document.
Disconnect Orders
To disconnect a service, Customer must log into the MyNitel portal and submit a disconnect order via the Tickets tab. Customer must provide the required prior written notice of disconnection as set forth in the MSA (if any) between Nitel and the Customer. In the event that Nitel and Customer have not executed an MSA, then Nitel’s standard MSA shall govern. The End of Service Date for the terminated Service will be the last day of the month in which Customer’s notice of termination is effective.
Customer may cancel a disconnect request up until 5 business days prior to the End of Service Date by submitting a written request to the contacts that Nitel provides upon receipt of the disconnect request. Customer’s failure to provide notice at least 5 business days prior to the End of Service Date may result in the Service being disconnected and it may not be possible for Nitel to restore Service.
Administration Fee
NITEL charges an eight dollar ($8.00) per month billing administration fee. This is a single monthly billing administration fee per customer, not per Service.
Regulatory Fees and Surcharges (RFS)
All Regulatory Fees and Surcharges are detailed on the RFS page.
Miscellaneous Charges
| Description of Service or Service-Related Event | NRC |
| Form of Payment Rejection as when credit card is rejected or check is dishonored for insufficient funds. | $50 (or legal limit, if less). |
| Restoration of Service Fee | $500, payable when balance is cleared |
| Credit Card Processing Fee | 3.5% or legal limit, whichever is less |
Voice Services
Definitions and charges related to voice services ordered prior to March 1, 2016 can be found here.
Nitel SIP Trunking
Nitel SIP Trunking Provides telephone numbers and the ability to make and take calls from a customer owned PBX or other phone system. The product is typically delivered over a Nitel provided Dedicated Internet, Broadband, or MPLS connection with Nitel provided Managed CPE. The service may also be provided using Customer provided Internet. A Customer Administration Portal provides users and administrators with control over features and services.
| Basic Trunk | Call Path with unlimited inbound. Outbound usage includes calls to everywhere in the continental U.S., Alaska, Hawaii, and Canada for $0.008/min. Outbound calls to Extended or International areas use rate table. |
| Enhanced Trunk | Call path with unlimited inbound calling and unlimited outbound calling to local calling area. Outbound usage for calls outside the local calling area to the continental U.S., Alaska, Hawaii, and Canada for $0.008/min. Outbound calls to Extended or International areas use rate table. |
| Unlimited Trunk | Call path with unlimited inbound and outbound calls to anywhere in the continental U.S., Alaska, Hawaii, and Canada. Outbound calls to Extended or International areas use rate table. An acceptable use policy of 2000 minutes of LD applies to this package. Minutes are pooled at the group level and long distance overages are billed at a rate $0.008 per minute. Subject to “intended use” limitations. |
| Active DID | 10 digit telephone number used to make/receive calls. |
| Reserve DIDs | Used when customer owns a block of DIDs with sequential numbers and wants to keep unused DIDs for growth. |
| Advanced DID Pack | Provides users advanced features on an individual DID that include, but are not limited to, Call Forwarding functions |
| Virtual Number | A Virtual Number is a foreign, US-based telephone number that is automatically forwarded to specified local telephone number owned by the customer. Virtual Numbers may only point to local 10 digit telephone numbers at the subscriber location that are not Toll Free, Virtual Fax, Fax Line, or other Virtual Number telephone numbers. A single point-to-number can only have ten (10) associated Virtual Numbers (softswitch limitation). |
| Toll Free Number | Allows callers to reach a number without long distance charges. Only accepts calls from U.S., Canada, and Caribbean. All calls to the Toll Free number are charged $0.02 per minute. |
| Analog Line | Call path with unlimited inbound and outbound calls to anywhere in the continental U.S., Alaska, Hawaii, and Canada. Outbound calls to Extended or International areas use rate table. An acceptable use policy of 2000 minutes of LD applies to this package. Minutes are pooled at the group level and long distance overages are billed at a rate $0.008 per minute. Subject to “intended use” limitations. |
| Fax Line | Fax Line is a service that allows a user to send and receive faxes using a traditional fax machine, while taking full advantage of HTTPS secure transmission. A proprietary Integrated Access Device (IAD), the Audio Codes Faxback MP-202, is provided to convert analog faxes into digital TIF images for secure PSTN fax delivery. 500 pages of inbound and/or outbound pages are included, overages are billed at the rate of $0.05 per page (PP). |
Long Distance
Domestic long distance calls are rated in 6 second increments and usage is rounded to the next higher six (6) second increment after the initial period.
International long distance calls are rated in 30 second increments and usage is rounded to the next higher 30 second increment after the initial period.
International long distance calls shall be rated using the table located here. Rates for International long distance may be changed at any time without notice to Customer.
Short Duration Calls: Nitel reserves the right to charge a full 60 seconds for excessive short duration calls. The number of short duration calls is considered excessive when greater than 10% of calls within a monthly billing cycle last less than 6 seconds.
Excessive Call Attempts: Nitel reserves the right to charge a full 60 seconds for excessive call attempts. The number of call attempts is considered excessive when greater than 50% of call attempts do not result in an answered call, busy condition, or ring no answer after 8 rings.
RBOC/Non RBOC Termination: Nitel requires that 80% of Customer traffic terminates in Regional Bell Operating Company (RBOC) territories. Should the non-RBOC termination rate exceed 20%, Nitel will rate all non-RBOC calls in excess of 20% at $0.15 per minute.
Fair Usage: Voice Services are subject to Nitel’s fair usage policy and are not to be used with: conference calling platforms, call centers, autodialers or any similar types of devices or applications. Nitel reserves the right to deny or terminate Voice Services used in violation of this provision.
POTS (Plain Old Telephone Service) Lines
Nitel POTS Lines are provided by a third party and delivers traditional telephone service; including a telephone number, dial tone, unlimited local calling, and a variety of calling features. Rates for POTS Lines, long distance, and features vary based on the underlying provider(s), and are subject to change at any time without notice to Customer.
Fax to Email
Nitel Fax to Email Service is provided by a third party and delivers a telephone number associated with one or more e-mail addresses for sending and receiving fax transmissions. Nitel does not represent, warrant, or guarantee in any manner whatsoever, either express or implied, that Customer will be able to use local number portability to port any number away from Nitel or Nitel’s third party provider of the Fax to Email Services.
Warranty Disclaimers/Disclaimers of Liability
Customer agrees that NITEL’s Voice Services are provided “as is”. NITEL is not responsible for invalid destinations, transmission errors, or corruption or security of Customer’s communications. NITEL does not represent, warrant, or guarantee the Voice Services to be uninterrupted or error-free. Customer understands and agrees that delays and disruptions of Voice Services are completely beyond NITEL’s control.
Customer agrees that Customer’s use of the Voice Services is Customer’s sole responsibility, is solely at Customer’s own risk, and is subject to all applicable local, state, national and international laws and regulations.
Customer agrees not to connect monitoring services or devices, such as security systems or medical monitoring devices, or the like, to the Voice Services. In addition, NITEL makes no representation, warranty, or guarantee of any kind that the Voice Services will operate without errors when used to connect (a) any device that requires a dial-up network connection, including, but not limited to, satellite television receivers, modems and digital video recorders; or (b) a facsimile machine. Customer waives any claim against NITEL and/or its affiliates, officers, directors, owners, agents, underlying service providers, suppliers, licensors and licensees for any injury and/or damages arising from interference with, or disruption of, any devices described in this section by the Voice Services.
911 Service Limitations and Disclaimers
THE VOICE SERVICES DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES VIA “911” IN THE SAME MANNER AS TRADITIONAL LANDLINE TELEPHONE SERVICE. THE VOICE SERVICES WILL ATTEMPT TO ROUTE 911 CALLS TO AN EMERGENCY SERVICES AGENCY SERVING THE ADDRESS ASSOCIATED WITH CUSTOMER’S ACCOUNT IN NITEL’S RECORDS, BUT NITEL DOES NOT REPRESENT, WARRANT, OR GUARANTEE IN ANY MANNER THAT ANY CALL TO 911 OR OTHER EMERGENCY SERVICES WILL BE COMPLETED; THAT ANY SUCH CALL WILL BE DELIVERED IN A MANNER THAT INCLUDES INFORMATION CORRECTLY IDENTIFYING THE NUMBER OR ADDRESS FROM WHICH THE CALL WAS PLACED (OFTEN KNOWN AS “ENHANCED 911” or “E911”); OR THAT ANY SUCH CALL WILL BE DELIVERED TO THE CORRECT RECIPIENT.
Customer cannot use the Voice Services to call 911 in the event of a power interruption at Customer’s Voice Services location or on any portion of the electrical network NITEL uses to deliver the Voice Services to Customer’s Voice Services location.
If the broadband service or modem or other equipment Customer’s Voice Services uses is malfunctioning for any reason or is installed incorrectly, Customer will not be able to place or receive 911 calls.
Following a power outage, Customer may have to reset its Integrated Access Device (IAD)(by disconnecting and then reconnecting the device’s power cord) in order to restore the Voice Services.
NITEL will attempt to deliver information to the agency receiving a 911 call that will identify the telephone number and address assigned to the IAD from which the call was placed. However, NITEL does not represent, warrant, or guarantee in any manner that the Voice Services will be able to correctly deliver such information. If a call is placed to 911 using the Voice Services and such call is disconnected or the caller is unable to speak or otherwise communicate his/her location to the agency receiving the 911 call, the agency receiving that call may not be able to determine Customer’s location or call back. Customer will ensure that anyone using the Voice Service to call 911 will immediately tell the dispatcher Customer’s location (or the location of the emergency, if different).
If Customer has activated Service features such as Call Forwarding, Call Blocking or Do Not Disturb at the time a call is placed to 911 through the Voice Services and the call is interrupted, the agency receiving the 911 call may not be able to call back at the number from which the 911 call was placed.
Customer agrees not to attempt to use the IAD from any location other than the service address associated with Customer’s service account in NITEL’s records. If Customer’s IAD is moved to a location other than the address associated with Customer’s account in NITEL’s records, a 911 call placed from Customer’s IAD will be directed to the 911 response center associated with Customer’s service address, not the location of Customer’s IAD. In addition, the Service will attempt to transmit information to the 911 responder that a call is originating from the address in NITEL’s records, not from Customer’s IAD’s new location. If Customer uses the Voice Services to call 911, the caller should immediately tell the responder the caller’s location (or the location of the emergency, if different). It is Customer’s sole responsibility to ensure that NITEL has the correct service address for the Voice Services. Calls placed from an incorrectly provisioned e-911 service, due to sending calls from an un-provisioned number or due to NITEL receiving incorrect information from Customer will result in a $350.00 service charge to Customer.
For technical reasons, there is a greater possibility that a 911 call placed using the Voice Services will result in a busy signal or take longer to answer, as compared to traditional 911 calls.
A 911 call placed using the Voice Services may not be compatible with all types of TDD, TTY or similar devices for the hearing impaired. NITEL does not represent, warrant, or guarantee in any manner that any such device will be able to successfully communicate with the agency responding to a 911 call placed using the Voice Services.
Customer agrees to inform all individuals present at Customer’s Voice Services location, and others who may use the Voice Services, about the above limitations on the Voice Services’ ability to support 911 or E911 capability.
Customer agrees to maintain an alternative means of reaching 911 from the Voice Services location(s), such as a wireless phone, in addition to the Voice Services.
DISCLAIMER OF LIABILITY, INCLUDING 911 SERVICE LIABILITIES: NITEL DISCLAIMS ALL RESPONSIBILITY FOR 911 SERVICE, INCLUDING BUT NOT LIMITED TO THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS. NITEL DOES NOT HAVE ANY CONTROL OVER ANY LOCAL EMERGENCY RESPONSE CENTER. THEREFORE, NITEL IS NOT RESPONSIBLE FOR WHETHER THEY ANSWER CALLS USING THE VOICE SERVICES, HOW THEY ANSWER CALLS USING THE VOICE SERVICES, OR HOW THEY HANDLE VOICE SERVICES CALLS. NEITHER NITEL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, INDEPENDENT CONTRACTORS, OR ANY OTHER SERVICE PROVIDER THAT FURNISHES ANY SERVICES OR CUSTOMER PREMISES EQUIPMENT TO CUSTOMER IN CONNECTION WITH NITEL’S VOICE SERVICES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, FINE, PENALTY, COST, AND EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF VOICE SERVICES, RELATING TO NITEL’S VOICE SERVICES, INCLUDING, WITHOUT LIMITATION, 911 DIALING, OR ANY CUSTOMER PREMISES EQUIPMENT.
Certain Services Not Supported
The Voice Services cannot be used to place the following types of calls: 900-, 976-, 1010xxx (sometimes known as “dial-around” calls), and “0+” calling (such as collect calls or third party billing). In addition, the Voice Service may not support some types of “N11” calls (such as 311, 511, etc.) other than 911 and 411 calling.
Calling Party Number
Neither Customer nor NITEL will take any steps to misrepresent or conceal the nature, origin or destination of any of Customer’s traffic. Customer will use all reasonable efforts to transmit in its signaling the Calling Party Number (CPN) or equivalent information regarding the end user originating each call. NITEL will transmit all of the signaling information it receives from Customer.
Certified IP Originated Traffic
All of Customer’s traffic delivered to NITEL for termination is and will at all times be IP Originated from an end user’s (i.e., dialing party’s) originating equipment. “IP Originated” shall mean voice traffic which (a) utilizes TCP/IP as a transmission protocol from an end user’s (i.e. dialing party’s) originating equipment to a TCP/IP gateway in Customer’s network and (b) constitutes “Information Services” or “Enhanced Services” according to the regulations of the Federal Communications Commission. If Customer delivers traffic to NITEL traffic which is not IP Originated, Customer shall indemnify and hold harmless NITEL from any losses, claims or other damages of whatever kind arising from, or related to, NITEL’s termination of, or representation of such traffic as being IP Originated. Further NITEL may: i) charge Customer an incremental $.08 per minute for such traffic which Customer cannot establish was IP Originated; and/or ii) immediately terminate the Service Schedule without liability.
Theft of Service/Lawful Purposes Only
Customer may not use or obtain NITEL’s Services and/or Voice Services in any manner that avoids NITEL policies and procedures, including an illegal, fraudulent, improper, or inappropriate manner. Customer will notify NITEL immediately if Customer believes that the Service and/or Voice Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner, or if Customer’s Customer Premises Equipment is lost or stolen. When Customer notifies NITEL of one of these events, Customer must provide the account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of the service. If Customer fails to notify NITEL in a timely manner, NITEL may disconnect the Services and/or Voice Services and impose additional charges against Customer. Until Customer notifies NITEL and NITEL takes action to prevent use of service using commercially reasonable efforts, Customer will be liable for all use of NITEL’s service using a device and/or Customer Premises Equipment lost or stolen from Customer and any stolen, fraudulent, or unauthorized use of NITEL’s service whether or not it involves a lost or stolen device or Customer Premises Equipment.
Data Services
Nitel Data Services refers to certain products listed in a Nitel-approved order form (“Order”) and obtained by Customer under the Agreement. Data Services include:
- Internet (Nitel Internet Access Service Description)
- MPLS
- Private Line
- Ethernet
Nitel Data Services are provided using a variety of access technologies. Nitel reserves the right to utilize whatever access technology it chooses to deliver a Data Service to a Customer. The specific access technology used to deliver a Customer’s Data Service will be disclosed upon request. Customer requests to utilize a specific access technology may affect Data Service availability, pricing and terms. The Service Level Agreement for each of Nitel’s Data Services may be found here.
Service Availability
Nitel uses a variety of proprietary and vendor provided service availability tools to determine access technology and bandwidth availability for each service address on each Service Order. Once Nitel begins processing a Data Service order for a specific service location, it may be determined that a specific access technology or bandwidth option is not available, or requires additional costs. Nitel will notify Customer in writing of changes to service availability, access technology or additional cost prior to the implementation of the Data Service for that service location. Depending on the changes required, Customer may approve the change of service by email response to Nitel or by working with Nitel to provide authorization via a new Service Order for the effected service location. If Customer does not agree to the changes or additional cost, Customer has the right to cancel the order for the service location without charge or penalty. If the customer does not respond within 10 calendar days of Nitel’s notice of changes to service availability or cost, Nitel will cancel the Service Order for the specific service location.
Managed SASE Services
Nitel managed SASE (secure access services edge) services consist of:
- Managed SD-WAN
- Secure Remote Access
- Cloud Web Security
View the Nitel Managed SASE Service Description
Customer Premises Equipment
Customer Premises Equipment
The term Customer Premises Equipment (“CPE”) refers to those items of equipment listed in a NITEL-approved order form (“Order”) and obtained by Customer under the Agreement. CPE includes appropriate licenses to use related software provided in connection with CPE and all parts, cables, repairs, additions and accessories to CPE.
Delivery of CPE
NITEL will use reasonable efforts to deliver CPE to Customer according to a mutually-agreed schedule. All delivery dates provided by NITEL are approximate and are based on the then current lead-times and available inventory. NITEL will not be liable for failure to meet delivery or installation completion dates.
NITEL will pay for the shipment of CPE to Customer’s designated site(s) in the United States set forth in the Order. If Customer is not ready to accept delivery at the designated site, Customer must notify NITEL at least thirty (30) days before the delivery date to avoid special handling charges.
NITEL will provide telephone-based installation assistance to Customer and/or Customer’s designated technician(s).
Termination and Loss:
Upon termination/expiration of any Service, or when Customer replaces/upgrades CPE, Customer must return terminated or replaced/upgraded CPE to NITEL at Customer’s own expense within 15 days of termination or replacement/upgrade. NITEL will provide Customer with return instructions. Customer must deliver CPE to NITEL in the same condition as it was when first delivered to Customer, normal wear and tear excepted, and give NITEL written notice of such return. If CPE is not returned Customer will be invoiced for the unreturned CPE using the price tables listed below.
If any CPE, in whole or in part, is lost, stolen, damaged, or destroyed, or is taken in any condemnation or similar proceeding (an “Event of Loss”), Customer will immediately notify NITEL. Customer must immediately restore the affected CPE to good condition and working order, replace the affected item with identical CPE and software in good condition and transfer clear title and any sublicense to NITEL, or Customer will be invoiced for the effected CPE using the price tables listed below.
NITEL may invoice and collect from Customer all charges due under this section as a single amount. Customer may not sell or transfer title to any CPE without the express written consent of NITEL.
Carrier Managed Equipment
| Port Type/Speed | Non-Returned/Damaged Equipment Charge |
| Fractional T1 and T1 | $2,725.00 |
| Bundled T1 (3.0 and 6.0 Mbps) | $5,700.00 |
| Bundled T1 (7.5, 9.0, 10.5 and 12.0 Mbps) | $19,625.00 |
| Fractional T3 and T3 | $21,350.00 |
| OC3 | $28,200.00 |
| OC12 | $50,725.00 |
| OC48 | $50,725.00 |
| Ethernet | $18,300.00 |
Nitel Managed Equipment
|
Integrated Access Devices |
|
| Model | Non-Returned/Damaged Equipment Charge |
| TA-908 BATT | $175.00 |
| TA-908e BATT | $425.00 |
| TA-908e gen3 | $2,500.00 |
| TA-908e gen3 SBC | $2,500.00 |
| TA-924e | $2,995.00 |
|
Routers and Switches |
|
| Model | Non-Returned/Damaged Equipment Charge |
| Advantech-FWA-1010-VS110 | $1,000.00 |
| Advantech-FWA-1320-VS110E | $1,000.00 |
| Advantech-FWA-1010-VS120 | $2,000.00 |
| Advantech-FWA-2320-VS510E | $2,000.00 |
| Advantech-FWA-2320-VS520E | $2,500.00 |
| Advantech-FWA-3260A-VS800E | $6,000.00 |
| Advantech-FWA-3260A-VS810E | $7,000.00 |
| Advantech-FWA-5020-VS1000E | $12,000.00 |
| Catalyst 2960-X GigE POE 740W-2x10G SFP + Lan Base | $5,300.00 |
| Cisco 1841, Single T1 | $1,000.00 |
| Cisco 1841, Dual T1 | $1,000.00 |
| Cisco 1841, Triple T1 | $1,000.00 |
| Cisco 1841, Quad T1 | $1,000.00 |
| Cisco 2811, 5 T1 | $1,000.00 |
| Cisco 2811, 6 T1 | $1,000.00 |
| Cisco 2811, 7 T1 | $1,000.00 |
| Cisco 2811, 8 T1 | $1,000.00 |
| Cisco 7201, DS3 | $4,000.00 |
| Cisco 7201, OC3 | $4,000.00 |
| Cisco 1841, FE EOC under 20M | $1,000.00 |
| Cisco-1921-1T1-with SL + FE | $2,000.00 |
| Cisco-1921-2T1-with SL + FE | $2,000.00 |
| Cisco-1921-SEC-KN | $1,600.00 |
| Cisco-7301-8T1-with SL | $2,000.00 |
| CISCO-2901-FE EOC under 100M + HWIC-1FE | $3,000.00 |
| Cisco-2901-3T1-with SL + FE | $2,400.00 |
| Cisco-2901-4T1-with SL + FE | $2,400.00 |
| Cisco-2901-5T1-with SL + FE | $2,800.00 |
| Cisco-2901-6T1-with SL + FE | $2,900.00 |
| Cisco-7301-GIGE | $2,500.00 |
| Cisco-7200-NPE-G2 | $3,500.00 |
| Cisco-ASR-920-12CZ-A | $8,000.00 |
| Cisco-ASR-1001 | $7,500.00 |
| Cisco-ASR-1001 X AX AVC AES Bundle 2.5G | $22,162.00 |
| Cisco-ASR-1001 X AX AVC AES Bundle 5G | $29,830.00 |
| Cisco-ASR-1001 X AX AVC AES Bundle 10G | $31,500.00 |
| Cisco ASR 1001-X | $12,000.00 |
| Cisco ASR 1002-X | $25,000.00 |
| Cisco C2960-24TC-L 24 Port Switch | $850.00 |
| Cisco C2960-48TC-L 48 Port Switch | $1,500.00 |
| Cisco C2960S-24PS-L 24 Port Switch POE | $2,500.00 |
| Cisco C2960S-48LPS-L 24 Port Switch POE | $4,100.00 |
| Cisco-WS-C2960XR-48LPS-I 48 Port Switch POE | $5,600.00 |
| Cisco-WS-C2960L-24TQ-LL | $1,700 |
| Cisco-WS-C2960L-24PS-LL | $1,200 |
| Cisco-ISR 1100 4G | $1,000.00 |
| Cisco-ISR 1100 6G | $1,500.00 |
| Cisco ISR 4331 | $5,000.00 |
| Cisco ISR 4551 | $6,200.00 |
| Cisco vEdge 100B-AC-K9 | $282.00 |
| Cisco vEdge 1000-AC-K9 | $2,000.00 |
| Cisco vEdge 2000-AC-K9 | $6,900.00 |
| Cisco ISR C1111-8P 4GB | $1,000.00 |
| Cisco ISR C1111-8PWYB | $1,900.00 |
| Cisco ISR C1111X-8P 8GB | $1,300.00 |
| Cisco IR1101-S-K9 | $750.00 |
| Lanner-FW-7551E-VS110 | $1,000.00 |
| Lanner-FW-7551D-VS120 | $2,000.00 |
| Lanner-FW-7573E-VS520 | $2,500.00 |
| Protectli FW6A-0-8-32 | $439.00 |
| Protectli FW6B-0-8-32 | $659.00 |
| VMware Edge 510 | $660.00 |
| VMware Edge 510 LTE | $950.00 |
| VMware Edge 610 | $850.00 |
| VMware Edge 610 LTE | $1,150.00 |
| VMware Edge 620 | $1,300.00 |
| VMware Edge 640 | $26,000.00 |
| VMware Edge 680 | $3,500.00 |
| VMware Edge 3400 | $4,500.00 |
| VMware Edge 3800 | $8,200.00 |
|
Firewalls |
|
| Model | Non-Returned/Damaged Equipment Charge |
| Barracuda-F18 | $1,000.00 |
| Barracuda-F80 | $2,000.00 |
| Barracuda F80b | $2,000.00 |
| Barracuda-F180 | $5,000.00 |
| Barracuda-F183 | $5,000.00 |
| Barracuda-F280 | $6,000.00 |
| Barracuda-F380 | $8,000.00 |
| Barracuda-F400 | $10,000.00 |
| Barracuda-F400-F20 | $15,000.00 |
| Barracuda F600-E20 | $30,000.00 |
| Barracuda-F600-F10 | $20,000.00 |
| Barracuda-F600-F20 | $24,000 |
| Barracuda-F800 | $29,000 |
| Barracuda-F1000-CE0 | $193,000 |
| Barracuda-F1000-CE2 | $235,000 |
| Barracuda-CloudGen Firewall-F-Series-F900 Model CFE (8Copper) | $74,443.00 |
| CISCO-ASA5505 CPE 50 User / 2 VPN (ASA5505-50-BUN-K9) | $1,000.00 |
| CISCO-ASA5520 CPE Unlimited User / 2 VPN | $2,000.00 |
| CISCO-ASA5506 CPE 300M / 2 VPN (ASA5506-FPWR-K9) | $1,500.00 |
| CISCO-ASA5516 CPE 1000M / 2 VPN (ASA5516-FPWR-K9) | $4,000.00 |
| CISCO-ASA5506 CPE 300M SEC PLUS / 2 VPN (ASA5506-SEC-BUN-K9) | $3,000.00 |
| Palo Alto PA200 | $2,770.00 |
| Palo Alto PA220 | $1,750.00 |
| Palo Alto PA220-HA | $3,000.00 |
| Palo Alto PA500 | $6,250.00 |
| Palo Alto PA500-HA | $12,000.00 |
| Palo Alto PA820 | $7,000.00 |
| Palo Alto PA820-HA | $13,500.00 |
| Palo Alto PA3020 | $19,380.00 |
| Palo Alto PA3020-HA | $38,000.00 |
| Palo Alto PA5250-HA | $85,000.00 |
| Network Interface Devices | |
| Model | Non-Returned/Damaged Equipment Charge |
| MetroNID TE | $750.00 |
| MetroNID TE-S | $750.00 |
| MetroNID AT-108 | $750.00 |
| MetroNID AMD-1000-TE-MC | $750.00 |
| Wireless Routers | |
| Model | Non-Returned/Damaged Equipment Charge |
| Cradlepoint IBR650LPE | $599.00 |
| CradlePoint IBR650B | $599.99 |
| CradlePoint IBR650C | $525.00 |
| CradelPoint IBR200 | $399 |
| BellNet MB 7900 | $499.00 |
| Sierra Wireless AirLink RV50 | $599.00 |
| Proxicast PocketPORT™ 2 | $199 |
| Verizon Wireless USB 730L | $259 |
| Routers and Switches | |
| VMware Edge 510N | $660.00 |
| VMware Edge 610N | $850.00 |
| VMware Edge 620N | $1,300.00 |
| VMware Edge640N | $2,600.00 |
| VMware Edge 680N | $3,500.00 |
| Cisco 8200-1N-4T | $3,600.00 |
Title, Personal Property and UCC’s
Title and Personal Property. NITEL will have title to CPE. Customer acquires only the opportunity to use CPE for the Term. CPE will at all times remain personal property regardless of its manner of attachment. NITEL may, at its own expense, affix plates or markings to CPE indicating NITEL’s ownership interest. Customer may not remove such plates or markings. Customer, at its own expense, will at all time keep CPE free and clear of all liens and encumbrances except for those arising through NITEL, and otherwise cooperate to defend NITEL’s interest in CPE and to maintain the status of CPE as personal property. As between NITEL and Customer, Customer will bear the entire risk of loss, theft, casualty, destruction or damage to the CPE following its delivery to Customer, from any cause whatsoever (collectively, “CPE Loss”), until returned to NITEL. Customer will indemnify, defend and hold harmless NITEL, its affiliates, and contractors for any CPE Loss. Customer agrees to advise NITEL in writing within five (5) business days of any CPE Loss. In no event will CPE Loss relieve Customer of the obligation to pay NITEL any amounts due hereunder.
Maintenance
Customer shall allow NITEL reasonable access to the CPE. If NITEL CPE requires maintenance or repair, NITEL or its independent contractors/agents shall either arrange to repair the CPE at Customer’s premises or ship an equivalent pre-configured replacement to Customer. Customer shall return any faulty CPE to NITEL within ten (10) days of receiving the replacement equipment or Customer will be invoiced for the effected CPE using the price tables listed above.
Customer shall reimburse NITEL, on a time and materials basis as documented in an invoice, for the entire cost to repair and/or replace any of the CPE in the event that CPE requires replacement due to (a) misuse, (b) failure to exercise reasonable care, (c) altering original NITEL configuration, (d) damage, (e) theft, or (f) disaster. Any service interruptions due to equipment repair or replacement due to (a) misuse, (b) failure to exercise reasonable care, (c) altering original NITEL configuration, (d) damage, (e) theft, or (f) disaster, for any Nitel provided product will not be eligible for service outage credits under the applicable service level agreement(s).
Warranty and Disclaimers
NITEL PROVIDES CPE “AS IS.” NITEL DOES NOT WARRANT THAT THE OPERATION OF CPE WILL BE UNINTERRUPTED OR ERROR FREE. NITEL MAKES NO EXPRESS OR IMPLIED WARRANTIES FOR CPE INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. TO THE EXTENT THAT ARTICLE 2A OF THE UCC APPLIES TO AN ORDER AND CUSTOMER HAS CERTAIN RIGHTS THEREUNDER AND TO THE EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY RIGHTS OR REMEDIES IT MAY HAVE UNDER UCC ARTICLE 2A-508 THROUGH 5-222 INCLUDING, WITHOUT LIMITATION, RIGHTS OF REJECTION, REVOCATION, CANCELLATION, RETENTION OF SECURITY INTERESTS, AND RECOVERY FOR BREACH OF WARRANTY (EXCEPT TO THE EXTENT CUSTOMER IS SPECIFICALLY GRANTED ANY RIGHTS IN AN ORDER).
Additional Limits of Liability
If CPE contains a firewall or other security features, NITEL makes no warranty, guarantee, or representation, express or implied, that all security threats and vulnerabilities will be detected or that the performance of the Services will render Customer’s systems invulnerable to security breaches. Customer is responsible for Customer’s own network security policy and security response procedures.