HomeMy WebLinkAboutContract 20652065
This Onvoy Services Agreement ("Agreement"}, dated
("Effective Date"} is between Onvoy, inc.
("Onvay"), a corporation organized under the laws of the
State of Minnesota, with its principal place of business at
300 South Highway 169, Suite 700, Minneapolis, MN
55426, and The City of G4fumbia Heights (the
'Customer'°}, with its principaR plaoe of business {oaated
at 590 4Ci`" Acre tNE, cotubia heights,MN. 5542'1-3878
(each a "Party," and oolleatively, the "Parties°').
Check fhe box if applicable:
This Onvay 5e;vices Agreement replaces and
supersedes the Onvoy Services Agreement dated
1. SCOPE OF AtaREEMENT. This Agreement sets forth
the terms and conditions under which Onvoy agrees to
provide the Customer with those services ("Service(s)"),
listed in the Addendum(s) and Exhibits to the
Addendums to the Agreement. Each Addendum and its
°„,-~j~elated Exhibits shall contain a description of Services
"Wand pricing. In the event of conflict between the terms of
this Agreement and the terms of an Addendum, the
Addendum terms shall govern.
2. EXCLUSIVE BENEFIT OF NA[VtEf3 PARTIES. The
provisions of this Agreement and its Exhibits are
intended far the exclusive benefit of the Parties named
above and pat for the benefit of any third party.
3. TERM. The term of this Agreement will commence an
the Effective Date provided that Customer has met
Onvoy's credit requirements, and shall oontinue, unless
earlier terminated as set forth in Section 11 (Termination)
below, until ail Service Terms set forth in the Addendums
and Exhibits terminate or expire.
4. SERVICE FEES AND PAYMENT. (a} The fees and
charges related to the Services (aollac#ively, the "Service
Fees") are set forth in the Addendum(s} and their
Exhibits as "Prices," "Rates," "Fees," or "Charges.°
(b) Customer acknowledges and agrees that Onvay has
the right to perform an investigation of Customer's
creditworthiness prior to Onvoy's acceptance of this
Agreement. This credit investigation shall include, but not
be limited to, contacting Customer's bank and trade
references. Onvoy may, at its sole discretion, require a
deposit, letter of credit or alternative form of payment to
satisfy its credit requirements. (Notwithstanding the
mutual dates of execution, the Agreement is expressly
conditioned upon Onvay's acceptance or Customer's
creditworthiness.
(c) Onvay and Customer agree to install Services upon a
mutually agreeable instalfatian date. Should that date be
moved due to Customer's request, actions, state of
readiness, or other fauffi of the Customer andlor their
subcontractor(s), the Customer agrees to pay any tees
Onvay may incur to accommodate the Customer delay from
underlying service providers. These fees may include but
are not limited to change of due date, canoellatian, porting,
and expedite oharges.
(d) The Customer agrees to pay Service Fees within thirty
(30) days of the invoice date. Ail charges not paid within
thirty (30) days will be assessed a late payment charge of
one and one-half percent (1.5%} per month or the highest
rate allowed by law, whichever is less. The Customer also
shall pay, as an additional charge, any applicable sales
andlor use tax,
(e} Customer has the affirmative obligation to provide Onvoy
with written notice of any dispute regarding Service Fees
within sixty (60) days of Customer`s receipt of the invoioe
captaining Service Fees. ff the Customer does not report an
invoice dispute within the sixty (60} day period, Customer
shah be deemed to have waived its dispute rights far that
invoice and shall be deemed to have agreed to pay fhe
invoice.
5. SERVICE LEVEL AGREEMENT. (a) Onvay warrants
that Services provided on Onvoy`s network, defined as
Onvay's [P infrastn.rcture, will be available an a continuous,
twenty-four hour per day seven day a week basis, with the
fallowing service level commitments;
(i) For all Services:
A Network Availability standard of 99.999°~ ar
better;
e An average round-trip delay (Latenoy} rate of 50
ms or less;
• A Packet Delivery standard of 99.8°la ar better.
(ii) For Converged IP Video apd Voice Services,
maximum delay variance (Jitter) of 20 ms
(iii) For Shared Web Hosting and Managed Application
Services:
An Application Availability standard of
89.9°/a (measured on HT-i"P sen.~ice for fVfanaged
Web Server; measured on SQL service for
Managed Database Sarver)
(iv) For Hardware Server Rental
® Replacement of failed hardware within four (4)
hours of problem determination
(b} For all Services other than Hosting Services, Servioe
Level standards shall be measured by Onvoy using monthly
averages of sample measurements taken between acre
Onvoy Proprietary and Contidantial
Onvoy Authorized Contract Template i of 5
5.9.07
,~ ~® t7rsvoy, tnc.
3008outh Highway'f69, Suite
700
Its the iutur~ Minneapolis, MN 55426
952.230.4100
952.230.4200 fax
www.onvay.aom
routers. For Hosting Services, the Senrioe Level
standards shall be measured by Onvoy using
measurements taken monthly between Onvoy monitoring
servers and Customer's selected Service.
(a) Customer`s sale remedy far any failure by Onvay to
meet any of the Senriae Level commitments noted in
subsection 5(a} above steal! be for Customer to receive a
Service- Credit from Onvay to compensate Customer for
the foss of or degradation in Service Quality ("service
Credit"). For Onvoy's failure to meet its Latency, Jitter, or
Packet Delivery Service Level commitments, the Service
Credit shall be aqua( to one day of Customer`s mantttly
recurring Service charges for the affected Services} for
the month during which the measurement commitment is
not met. {n the event that Onvoy fai{s to meet its
Network Availability or Application Availability Service
level commitment due to an Onvoy network outage
(other than during a maintenance period ar planned
service outage), Customer will ice eligible to receive a
Seniice Credit squat to two (2} days of its monthly
recurring Service charges for each cumulative hour that
the Onvay Service was unavailable during the month that
the outage occurred, not to exceed one month`s Service
fees. For purposes of computing Service Credit under
this subsection 5(a), a month shall consist of thirty (3d}
days.
Customer does not release Services far testing andlar repair
and continues to use Serriaes on an impaired basis; (v) are
due to unauthorized or unlawful use of the Services by
Customer ar its end users; ar (vi) are attributable to events
listed in Secfion 13{j) (Force Majeure) of this Agreement.
(f) THE WARRANTY PROVIDED FOR iN SUBSECTION
5{A} OF THE AGREEMENT IS iN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED AND IMPLCED, AND ALL
OTHER WARRANTIES ARE HEREBY DISCLAIMED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR
A PARTICULAR PURPOSE, AND THOSE ARISING BY
STATUTE OR OTHERVt~ISE IN LAVG+, OR FROM A
COURSE OF DEALING OR USAGE IN TRADE.
6. ADD-CtN FEATEIREB. Onvay offers its customers certain
add-on features ("Add-On Features"} to supplement Onvoy's
standard Service offerings. Customer may select Add-On
Features based an Customer's individual requirements.
Add-On Features are offered on a month-ta-month term
basis only. Pricing far Add-On Features is available from
Onvoy upon Customer's request. All Add-On Features
provided to Customer by Onvoy sha11 be subject to the terms
of this Agreement. Onvoy reserves the right to change long
distance and directory assistance rates upon thirty (3G} days
advance written notice to Customer.
(d} At the end of a calendar month, Customer may
submit a request for Service Credit to Onvay. The
request shaC be in the form of a written report far that
month and shall Hate the time, day, and length of the
Service outage ar deficiency, including, if applicable, the
technical support ticket number. Within thirty (t3Q) days of
Onvay's receipt of Customer's request, and after
verification of the Service outage or deficiency, Onvoy
will issue a Service Credit to the Customer. Service
Credit may only be used fay Customer against future
Onvoy invoices. Customer waives any claim far Service
outages or deficiencies if Customer falls to submit a
report by the fifth (5th) business day of the month
following the month in which the Service outage or
deficiency occurred.
(e} Customer shall not be eligible for Service Credit
where interruptions, outages, Service deficiencies, or
access or use problems: (i} are caused by Customer (ar
Customer premises hardware ar software); (ii} are
caused by network maintenance, repair, improvements,
or modifications deemed necessary by Onvoy in its sole
discretion; (iii) are attributable to local, regional, or
national carriers that provide transport services to Onvay
or to Customer; (iv) occur during time periods when
Onvoy does not have access to the premises where
access lines to Services are terminated or when
7, ONVOY PdLICEES. (a} Onvoy's Acceptable Use Policy.
The Customer agrees to aompiy with Onvay`s Acceptable
Use Policy as it may be revised from time to time. A current
copy of the Paiiay is posted at Onvoy's web site located at
htk p: //w ww. a n vo y. c o m.
(b} Domain Names and lP Addresses.
(i} The Services described in an Addendum to this
Agreement may Inc;iude certain Internet domain name
registration and maintenance services. The Customer
acknowledges that such services do not Include the
legal research necessary to deten-nine whether the
Customer`s selection of a domain name might aonf(ict
with, infringe upon, ar dilute the trademark, trade
name, or service mark rights of a third party. The
Customer agrees to assume any and ail risks
associated with the Customer's selection of an Internet
domain name, including, but Hat limited to, claims far
infringement or daisy attributable to the registration
company. Internet Protocol addresses that are
assigned to Customer pursuant to this Agreement will
remain the property of Onvay and may Hat be
transferred or used by the Customer in the event that
this Agreement ar the Service Term expires or is
terminated.
Onvoy Proprietary and Confidential
Onvoy Authorized Contract Tempiaee ? of 5
5.9.07
/~}l ~1 V~ 00 ®Y~ Inc,
V' 300 South Highway 169, Suite
Its floe fature~ Minneapolis, MN 55426
952.230.4100
952.230.4200 fax
www.onvay,com
(ii} Gustamers receiving an 1P Address Aliooation in
conjunction with this Agreement shall be subject to
flnvay`s IP Address Policy as it may he revised
fram time to time. A current aopy of the Pot'ray is
posted at Onvay's web site located at
http:,/www.anvay. com.
(a) C3nvay"s Toll Fraud Poliay. The Gustomer agrees to
comply with Onvay's To]I Fraud Policy as it may- be
revised fram time to time, A current copy of the Poliay is
posted at bnvoy's web site located at
http:liwww.onvay.oom.
8. CO~dFIC?EPdTidtLfTY. (a) During the term of this
Agreement, C7nvoy and Gustomer may disclose to one
another certain information proprietary to a Party's
business and/or of a confidential nature, including but not
limited to techniaaf or business knowledge, know-how,
discoveries, inventions, flow charts, algorithms,
processes, software programs, hardware, schematics.
drawings, data bases, specifications, trade secrets, and
lists or other information related to the Parties'
customers, all of which shat[ be considered "Gonfidential
Information°' under this Agreement. The terms of this
Agreement and its Addenda and Exhibits shall also be
treated as Gonfidential Information.
(b) Gonfidential tnformation shah not include any
information that (i) vdas lawfully in a recipient Party's
possession before receipt from the disclosing Party; (ii) is
or becomes available td the public through na fault of a
recipient Party; (iii} is lawfully disclosed to the recipient
Party by a third party without restriction an disclosure; or
(iv) is independently developed by a recipient Party
without using any of the disolosing Party's Confidential
information.
(c) Onvoy and Gustomer agree to take reasonable steps
to prevent the disalosur~e and availability of Gonfidential
tnformation of the other Party to third parties, except that
a reoipient Party may share Confidential information with
recipient Party's employees or contractors who have a
need to know and who have signed agreements with
reoipient Party protsating such information. Upon written
request of a disclosing Party or upon termination or
expiration of this Agreement, a recipient Parry shall
destroy (and a®rtify as to said destruction} or return to
the disclosing Party all tangible Gonfidential tnformation
of the disclosing Party.
(d) The aanfidentiality obligations of Onvay and
Gustomer shall survive any termination or expiration of
this Agreement and shalt continue far a. period of five (~}
years after such termination and expiration; however, at
no time whatsoever, may a recipient Party use a
disolosing Party`s Gonfidential Information for any purpose
except for the Ilmited purpose of fulfillment of the recipient
Party's obligations under this Agreement.
9. CUSTOMER ttVC}EMNIFlCATIO~t. The Gustomer
warrants that neither Services or equipment used in
aonjunation with Services will be used by 'Gustomer to
conduct or engage in unlawful activities; to violate any lavr,
regulation, or any Unvoy policy referred to in this
Agreement; to violate ar infringe upon the rights of any other
party, including, without limitation, aontraotual rights,
intellectual property rights, publicity and privacy rights and
the right to be free from libel, defamation, and slander; or to
act in any manner that encourages .conduct that would
constitute a criminal offense, give rise to a civil liability, or
violate any other law. The Gustomer agrees to defend,
indemnify, and hold C7nvoy and its successors, assigns,
agents, and licensors harmless from any and all claims,
demands, liability, judgments, casts, and expenses
(including reasonable attorneys' fees and disbursements)
that directly ar indirectly arise out of or result from the
Customer's use of the Services ar any equipment used by
Gustomer in conjunction with Services, except to the extent
such claims arise out of the willful misconduct of Onvoy.
1d. LtMtTATIC}!<! OF L9ABCLITY. In no event sha0 Onvoy ar
its suppliers be liable to the Gustomer or to any third parties
for incidental, consequential, special, indirect, or punitive
damages of any kind, inaluding, but not limited to, damages
arising from loss of data, loss of use, loss of profits ar
revenues, or breach of network security, whether based
upon a theory of breach of warranty, breach of contract,
negligence, or any other legal #heory, even if Onvoy ar its
agent has bean advised of the possibility of such damages.
Onvoy's fate( liability to the Gustomer under this Agreement
will be limited to direct damages in an amount not to exceed
the amount of Service Fees paid by Gustomer under this
Agreement for the S®nrices giving rise tc the liability during
the most recent twelve ('t2} month period.
'17. TEFtMttJATtON. (a) Either Party may terminate this
Agreement ar any Senriee provided under this Agreement
far its convenience by giving the other Party ninety (90} days
advance notice, unless there is a minimum Service Term set
forth in one or more Exhibits, in which event neither the
Service ar the Agreement may be terminated without penalty
before the end of the minimum Service Term.
(b) Unvoy may terminate this Agreement or suspend
Services hereunder at any time far cause upon:
(i) Gustomer's failure to meet Onvoy`s credit approve(
standards;
(ii} Any failure of Gustomer to pay any undisputed
amounts as provided in this Agreement;
Qnvoy Proprietary and Canfidentia(
Onvoy Authorized Contract Template 3 of 5
5.9,07
L k. ,f ~ C3rtvoy, fno.
tt~'J~y 300 6outh Highway 169, Suite
X00
It'5 the future Minneapolis, hvtN 55426
952.230.4100
552.230.4200 tax
www.onvay.cnm
(iii} Any breach by Customer of any material provision
of this Agreement continuing uncured for thirty (80}
days after receipt of notice thereof;
(iv) Any insolvency, bankruptcy, assignment for the
benefit of creditors, appointment of a trustee or
receiver, or simitar event with respect to Customer;
ar
(v} Any governmental prohibition or required
alteration of the Services to be provided
hereunder.
(c) If Qnvoy fails to cure a material breach of this
Agreement within thirty t30} days of the date that envoy
is notified of suah breach by Customer, the Customer
may terminate the Agreement for cause.
{d) If the Customer terminates any Service under this
Agreement for its convenience ar if C}nvoy terminates
any Service under this Agreement for a default by the
Customer, the Customer shall pay Unvay: (i) all Service
Pees incurred up to through the termination date, and (ii}
a termination charge equal to seventy-five (75°%} peroent
of the Service Pees for each Custam~er site for each
month remaining in the Service Term after the date of
termination. Customer acknowledges and agrees that
although Onvoy's damages in the event of termination of
Services are difficult to estimate, the foregoing is a
reasonable estimate of such damages and is not a
penalty.
'C 2. ~TlCE. Ail notices under this Agreement shall be in
writing and be deemed given (a) on the day when
delivered personally ar sent by facsimile copy or
electrania mail, provided receipt is nonfirmed; (b} an the
next lousiness day after being sent by overnight oaurier,
provided receipt is oonfirmed; nr (n} three {3} business
days after being mailed via the United States Postal
Service; provided, in ail cases, notice is sent to the
appropriate Party at the address set forth below, or at
such other address as a Party may specify in writing to
the other Party:
If to Custnmer (if address differs from address in
sianature biackl:
!f to C~nvay:
(Jnvoy, Inc.
800 South Highway t 69
Onvoy Proprietary and Confidsntial
Onvoy Huthorized Contract Template
5.9.07
Suite 700
~Ainneapafis, fJiN 55426
Attn.: Contract Administrator
t3. 4aEEVER.~L. (a} Assignment. Neither Party may assign
this Agreement, in whole or in part, ar assign any of its rights
or delegate its duties under the Agreement without the prior,
written consent of the other Party, which consent shat( not
be unreasonably withheld; however, CJnvoy may assign this
Agreement without the ether Party's consent in nannection
with the sale or transfer of all or substantially all of Onvoy's
business. A permitted assignee shall assume ail obligations
of fts assignor under this Agreement. Any assignment ire
contravention of the terms of this Agreement shall be null
and void:
(b) Entire Agreement. This Agreement and its Addenda and
Exhibits contains the entire agreement of the Parties with
regard to the subject matter of the Agreemment and
supersedes all prior or contemporaneous agreements and
understandings, oral or written, between the Parties with
respect to the subjent matter contained herein.
(a} Modifications in Vliriting. No modification or amendment
of this Agreement shall be valid unless set forth in a writing
signed by authorized representatives of each Parry and only
to the extent expressly stated therein.
(d) Non-waiver. The failure of either .Party to enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of its right to assert or rely upon such
provision or any other provision of this Agreement.
(e} Independent Contraotors. The relafionship of Customer
and Onvoy is that of independent contractors. PJothing in this
Agreement authorizes either Party to bind the other ar to
incur liability an behalf of the other, unless otherwise
provided far in this Agreement ar agreed by the Parties in
writing.
(f} Compliance with Laws. Each Party`s performance under
this Agreement shaA comply with all appiinabie Federal,
State, and lanai laws, rules, regulations, court orders, and
governmental agency orders.
(g} Headings. The headings to the paragraphs of this
Agreement are intended solely for the convenience of the
Parties and shall in no way be held to explain, modify,
amplify, or aid in the interpretation of the provisions hereof.
(h) Severability. if a court or a governmental agency with
proper jurisdiction determines that a provision of this
Agreement is unlawful, the provision shall be stricken, and if
the Parties oan legally, commercially, and practicably
4 of S
C3nvoy, Inc.
~~~ 700 South Highway 109, Sulte
ICs the furure.°~ Minneaao(Is, MN 55426
952.230.4100
952.230.4200 fax.
w4vw.anvoy.cam
cantinas this Agreement without the strfaken provision,
the remainder of the Agreement shah continue in effect.
(i} Governing Law. This Agreement sha(I be governed by
and aanstrued in aacordanae with the laws of the State of
Minnesota except for its provisions regarding confiiats of
law, and except to the extent that federal
communications law applies. Any court action arising
from this Agreement shall be venued in Hennepin
County, Minnesota, in either federal or state court, as is
appropriate.
(j} Force tvfajeure. With the exception of payment of
charges due under this Agreement, a Party shall be
excused from its performance if its performance is
prevented by cats ar events beyond the Party`s
~ reasonable control, including but not limited ta: severe
weather and storms; earkhquakes ar other natural
occurrences; strikes ar other lobar unrest; nuclear ar other
aivif or miktary emergencies; or acts of legislative, judicial,
executive, ar administrative authorities.
(k} Legal Fees and Costs. In any action between the Parties
to enforce any material provision of this Agreement, the
prevailing Party shalt be entitled to recover its reasonable
attorney's fees, court costs, casts of investigation, and ether
related expenses incurred in connection therewith from the
non-prevailing Party in addition to whatever other relief a
court may award.
The terms of this Agreement have been agreed to by duly
authorized representatives of the Parties,
C}nvoy Proprietary and Gonfldentiai
Orrvoy Authorized Contract Template 5 of 5
5.9.07
1 ~i F'
•_ it's die nuure°
Onvay, Irac.
300 South Highway 169
Minneapolis, MPS 55426
952.230.4100
952.230.4200 fax
www.onvoy.cam
°E. iNC{?k~POt~~TICD~d OF AR~EtVEENT TEtt~95. The
Onvoy Services Agreement between the Parties dated
which the Parties may agree to amend ar supersede
by another Onvoy Services Agreement tram time to time
("Agreement"} is a necessan7 part of this Addendum, and the
terms and conditions of Service set forth in the Agreement
are incorporated and adapted in their entirety info this
Addendum. in the event of conflict between the terms of this
Addendum and the terms of the Agreement, the Addendum
terms shall govern. The Customer acknowledges that it has
received and read a copy of the Agreement and agrees to
be bound by its terms and conditions 'sn addition to the terms
and conditions contained herein.
Check the 6ax if applicable:
^ This Retail Private Line Services Addendum replaces
and supersedes the Retail Privafe Line Services Addendum
dated
2. S~FtViCE DESCRIPTIC3~fS.
b31 Service
DS1 Service is a dedicated, high capacity, full duplex
channel with a line speed of 1.544 Mbps.
Onvoy, Inc.
300 SOLCtit HFghWBy'f~~
rvilntteapoiis, tui~t s~azs
Adc4encdc~r~l acs ~h~ ~~rea Sr~ri~ r~tt
t~S3 Sererice
DS3 Service is a dedicated, high capacity, full duplex
channel with a fine speed of 44.736 fvlbps.
QC3 Service
OC3 Service is a high speed optical transmission Serviae
operating at the terminating bit rate of 155.52 Mbps.
3. LOC,4L. ~aCCE sS. The rates charged for Local Access
serviae shall be subject to change in the event of rate
adjustments by the Vocal telephane operating company or
other third party utilized by Onvay in arranging such
interconnection; provided, however, that the rates billed by
Onvay to Customer shall in no event exoaed the third party's
tariffed rates for Looa! Access service. Customer
understands that Onvoy may rely on teiephone operating
companies ar other third parties far instailafian and testing of
Local Access service. Onvay will use its best efforts to
assure that Laval Access service is available an the date
requested, however, Onvoy shall have no liability to
Customer far delays in pravviding the requested service. All
monthly and one-time charges incurred far Customer's (_acal
Access will be passed through to Customer for payment.
The terms of this Addendum have been agreed to by duly
authorized representatives of the Parties.
Ths City of Cciumbia Heights
JC~{t 4~ih pVe ~~
Columbia Heights, Ntt~(. 55421
~ ~~ ~~~~f~-~
CTnvoy Proprietary and Confidential Page 1 of 1
(envoy Authorized Contract Template
?.6.07
~`~ Yt~.f~ Minne p~olis, Cvtf'`; 55426e 70G
It's tl,e f`uturew
952.230.4100
952.230.4200fav. Es~~l ~°~~'~ ~ ~°
4rw:v.anvay.cam Pricing Exhibit
This Exhibit to the Private Line Services Addendum dated to the Onvoy Services Agreement dated
between Customer and Onvoy is effective as of the last date signed beinw and shall supplement ar modify, as the
case may be, the Addendum and Agreement to the extent set forth below.
Check box if applicable:
^ This Retail Private Line Pricing Exhibit replaces and supersedes the Retail Private Line Pricing Exhibit dated
Location A: City Office - 590 ~0~" Ave NE, CoiuEsia F1iegEtts, ~t~. 55~2~C
Location . Colurnisi i~ie~~tts Lir~uor - T8D
Capacity: ~ DS'4 ('t .5 bps} ^ C?S3 (Q~ant`rty of } ^ C3C3 (quantity ofi
The initial Service Term for the site locations listed an the Pricing Exhibit shall be: 3 year(sj. The Service Term
shall cammenae nn tine first day of service and shall continue for 3 year(s).
The Service Terre shall automatically renew for successive nee year renewal Service Terms, unless either party
requests termination of Services in writing at {east ninety (90) days prior to the end of the initial Service Term ar a
subsequent rene~vai Service Term.
Except as set forth in this Exhibit, all existing pravisians of the Addendum and Agreement shat( remain in force as
originally ~fritten.
The terms of this Addendum have been agreed to by duly authorized representatives of the Parties.
Gnvny, inn.
300 Sauth High4vay 169
Suite 700
Minneapn(is, MN 55426
Sig
Printed Name
i° ~.°°
t
r' S .$~
Date ~`,~ p" ~. P
Onvoy Confidential. and Proprietary
Authorized Contract Template
1,4.06
The City of Cafumbia i-{eights
590 40t Ave NE
Columbia Hieghts, MN. 55421
nity state zip
Signature
Date-- ~
r
~~ ~ ~° ~3~,~~~
Onvay, inc. ^
_°' ti/`ud® 300 South Highvray 16S '.
I. vl V "~..~+° Minneapolis, MN 55426
It's file future ~` ~"
952.234.4100
952.230,420dfax k'~-i~i~~ ~~~i~l+~
www.ahvay.ca~n
Term: ~ One Year(Na Early Termination E,iability ^ RenewaE/One Year/E~Eo Early Terrra6natlcrn L@abi!!ty
Site Name: The Clty of Calumtsia Heights
Address: 590 40th Ave NE
City: Cafumbfa Heights State: M~& dip: 5542'E
Main Telephone Number; 763.706-3506
MRC t~RC
On Ramp with Private Data Netvrark
0and4vidth: 7.6 Mops $39't.00 $500.00
~') Managed Router Service
2 Devices 586.00
^ Internet Access
Kbps $
^ Video aver lP -Conference
Kbps $
® VaiGe aVBClP
10 Simultaneaus calls $'!00.00
After Hours Answering Service
Includes 206 calls per month !nGluded
Multiple Solution E3isGOUnt Q °i°
Perm Disaaunt 10%
Tate! Service Fees: $586,40 5500A0
(excluding Add-On Features}
Terms and Conditions.
By their respective signatures beloaf, Onvoy and The City of Columbia Heights ("Customer') understand and agree to terms and
conditions of service as set forth in the (i} Single Site Offering, Onvoy Services Agreement ("Agreement"}, and (iiJ Single Site
Offering, Converged iP Services Addendum ("Addendum"). Far purposes of this Pricing Exhibit, the Parties have agreed to
Version #E 5.~J.07 of the Agreement and Version ~ 5.24.06 of the Addandurn, The Agreement and the Addendum can be found
online, at wtr~w.anvay.com!sinalesitelterms, or by contacting Onvoy,
This Pricing Exhibit is effective as of the last date signed below and shat[ supplement ar modify, as the case may be; the
Agreement and the Addendum to the extent set Earth above. Except as set forth in this Pricing Exhibit, aft existing provisions of
the Agreement and Addendum shalt remain in force as originally written.
^1"his Pricing Exhibit shall replace and supersede the Single Site Offering Converged !F Services Pricing Exl-tibit dated
The terms of this PrlGing ExhiE~it are hereby agreed to by duly authorized representatives of the Parties.
Onvay, inc.
300 South Highway i69
Suite 700
Minneapolis, [V!fi! 56426
The City of Columbia Heights
580 40th Ave ~fE
Columbia Hieghts, MBE, 5542
Signature: _ _ ~
Printed game: ~i'" .~" -C`'
Titla• P~"~r~ ~ ®~® .mss. -r'R'G~
-.~..
n j~
`~ ~~e~~~
Onvoy Proprietary and Confidential
Onvay INTERIM Authorized Contract Template FOR $iNGLE SITE OFFERING
2,12,07
1 OF i