Frame Relay Dual Network Services Promotion IV

 

            Beginning January 1, 2001 and ending June 30, 2002, the Company will offer the following promotion.

 

            Eligibility: To be eligible to enroll in the promotion, the customer must:

 

                        (i)         be an existing customer of Option 1 Frame Relay Service (Existing WFR) and must become a new subscriber of Option 2 Frame Relay Service (New Service); or, be an existing customer of Option 2 Frame Relay Service (Existing WFR) and must become a new subscriber of Option 1 Frame Relay Service (New Service) and,

 

                        (ii)         subscribe to New Service under (a) a new Frame Relay Pricing Plan, networkMCI One Term Plan or MCI WorldCom On Net Voice Services Term Plan (Term Plans) with a term of service which equals or exceeds one year, or (b) an existing Term Plan with a remaining term of service which equals or exceeds one year.

 

                        (iii)  order New Service:

 

                                    (a)        in the same locations as the customer's Existing WFR;

 

                                    (b)        which is comprised of (i) ports and PVCs which equal the number of the customers' Existing WFR ports and PVCs, respectively, and at speeds which are less than or equal to the speeds of the customer's Existing WFR, if installed prior to June 10, 2000, or (ii) ports, PVCs and local access facilities which equal the number of the customers' Existing WFR ports, PVCs and local access facilities, respectively, and at speeds which are less than or equal to the speeds of the customer's Existing WFR if installed on or after June 10, 2000;

 

                                    (c)        for the purpose of serving as Back-Up to the customer's Existing WFR;

 

                                    (d)        with a request for installation no later than July 31, 2002; and,

 

                                    (e)        without a request for expedited installation.

 

            Non-Eligibility: This promotion is not available to customers receiving service under:

 

                        (i)         a Special Customer Arrangement ; or,

 

                        (ii)         the Frame Relay Monthly Recurring Charge Waiver Promotion or the Valued Customer Promotion Frame Relay Valued Customer Promotion.

 

                        Definitions:  For purposes of this promotion, the following definitions apply:

 

                        Back-Up: Service used by a customer during a service outage of the customer's Existing WFR.

 

                        Service Outage: An unscheduled period of time during which service is unavailable to the customer for use.  A Service Outage is defined as 60 or more seconds of service unavailability within a 15‑minute period as measured by the Company.  A Service Outage does not include the time during there occurs an interruption of service due to any one or more of the following:

 

                                    ·           Scheduled service maintenance.

 

                                    ·           Labor strikes affecting service.

 

                                    ·           Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency).

 

                                    ·           Service Outages attributable to the installation of a new circuit.

 

                                    ·           Service Outages attributable to: customer premises equipment (CPE); any third party equipment other than equipment furnished by LECs as part of their access services; or any customer application on a covered circuit.

 

                                    ·           Any act or omission on the part of the customer, its contractors, agents or vendors, including any refusal to release the circuit to the Company for maintenance, testing or repair.

 

                        Promotional Benefits:

 

                        Discounts:  During each monthly billing period of the term of service in which the customer fulfills all the eligibility requirements, the customer will receive a 35 percent discount, after application of all other discounts and credits, applicable to the monthly recurring port and PVC charges for New Service.

 

                        Service Level Guarantee (SLG):  The provisions of the SLGs apply for New Service, except as follows. 

 

                        The Service Level Guarantee for Service Availability for Type 2 and Type 3 circuits is 100 percent.

 

                        SLG credits will be applied only if both New Service and the Existing WFR with which it is paired fail to meet an SLG in a monthly period, in which case the credit will be calculated based on the monthly recurring PVC charges for both New Service and the paired Existing WFR.

                       

Early Termination:  If a customer terminates New Service prior to the expiration of its Term Plan term of service, the customer will be billed and required to pay an amount equal to all discounts received by the customer under this promotion.