Order Information
Customer Name Customer # Agreement Order #
CITY OF FOSTER CITY 128062 5229
Order Type Date Desired Service Turn Up Date Customer Supplied Internet? Term Contract Months Term Months Remaining Contract Renewal 03/19/24 No 48 48
Corporate # Corporate Account Name Bill to Corp?
902542 CITY OF FOSTER CITY - CORP Yes
Account Manager Bill Delivery Billing Email Address
UTILITY TELECOM - CHRIS WHITELEY E-Bill and Mail [email protected] Service Address
Action Street City State Zip
Existing 610 FOSTER CITY BLVD FOSTER CITY CA 94404
Corporate Billing Address
Action Street City State Zip
Existing 610 FOSTER CITY BLVD FOSTER CITY CA 94404
Contacts
Action Type Name Company Work Phone Mobile Email Address Existing Main Contact ROB LASKY 6507407101 [email protected] Existing Site Contact JOAN SCHOENING 6502863217
Existing Technical Contact DARYL JONES 6505901801 [email protected] Existing Alternate Contact ROB LASKY 6507407101 6507407101 [email protected] Existing Billing Contact LORI SU 6502863222 [email protected] Services
Action Service Service Notes Phone Number Qty MRC NRC MRC Total NRC Total Utility Telecom, LLC. Page 1 of 7
Voice and Internet Service Agreement
Action Service Service Notes Phone Number Qty MRC NRC MRC Total NRC Total Existing /24 IP BLOCK 1 $21.00 $0.00 $21.00 $0.00
Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 Existing 1000 MIN INTRALATA, LD, TOLL 1 $25.00 $0.00 $25.00 $0.00 New ATT ASE 500x500 mbps 1 $1,328.00 $0.00 $1,328.00 $0.00 Existing MANAGED ROUTER 1 $30.00 $0.00 $30.00 $0.00
Existing MULTI HOMED BGP SUPPORT W/ ROUTER 1 $50.00 $0.00 $50.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Utility Telecom, LLC. Page 2 of 7
Voice and Internet Service Agreement
Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing BUS UNLIMITED LOCAL LATA 6502023040 1 $0.00 $0.00 $0.00 $0.00 Existing SIP BUNDLE 6502023040 1 $790.65 $0.00 $790.65 $0.00 Existing SIP BUNDLE 2 6502023040 1 $25.65 $0.00 $25.65 $0.00 Totals do not include local, state and federal usage taxes and surcharges Subtotal: $2,370.30 $0.00 COMPETITIVE TERM DISCOUNT ($200.00) $0.00
Grand Total: $2,170.30 $0.00
Utility Telecom, LLC. Page 3 of 7
Voice and Internet Service Agreement
Install Charge Payment Months: 1
Installation Charge Payment: $0.00
Signature
The undersigned ("Customer") hereby confirms: (i) Customer has chosen to convert all lines listed on this form to Utility Telecom local telephone service; (ii) Customer understands that only one carrier may serve as the preferred interstate or interLATA carrier for any line and selects Utility Telecom as the carrier for those services (including international calling) on all lines; (iii) Customer understands that only one carrier may serve as the preferred IntraLATA or local toll service carrier for any line and selects Utility Telecom as the carrier for that service on all lines; (iv) Customer has had the opportunity to consult with Utility Telecom as to whether any fee will apply to any preferred carrier change; and (v) Utility Telecom is authorized to act as Customer's agent for the purpose of making the changes and installing all other specified services. Rates and terms for all services are as listed on this form and the attached terms and conditions. If purchasing Internet service. Customer agrees to Utility Telecom's Internet Acceptable Use Policy as posted at: https://uyt.co/resources/regulatory-documents/. In addition to the charges specified in the service agreement, the Customer shall pay all applicable federal, state, and local sales, use, and excise taxes, and other assessments imposed on Customer by government agencies in connection with the provision of the Services, plus amounts imposed on UTI by governmental agencies in connection with the Services, such as mandatory federal Universal Service Fund contributions and other mandatory assessments, including TRS fees and FCC Regulatory fees.
/sn1 /fullname1 /title1 /datesn1
Customer Signature Printed Name Title Date
Jason Mills C.E.O.
Utility Telecom, LLC Printed Name Title Date
Utility Telecom, LLC. Page 4 of 7
Voice and Internet Service Agreement
Terms and Conditions
Pursuant to this agreement (“Agreement”), entered into between Utility Telecom Group, LLC, (“Utility”) and the customer identified on this agreement (“Customer”) (each of Utility and Customer a “Party”), Utility agrees to provide and Customer agrees to purchase the services and/or lease the equipment (“Service” and/or “Leased Equipment”) described on the reverse side hereof or in addenda attached hereto (“each a Service Description”), at the prices and on the terms and conditions stated in such Service Description and below, and as provided in relevant tariffs. Addenda executed from time to time shall become part of this Agreement by reference hereto. Each Service Description may describe (i) the requested Service or Lease commencement date for the Service or lease of Leased Equipment (“Lease”) (in either case referred to herein as the “Requested Service Date”), (ii) the agreed duration of Utility’s provision of the Service or the Lease (“Term”), (iii) the recurring charge for the Service or Lease (in either case referred to herein as the “Service Charge), non-recurring charge and any other charges, and (iv) other pertinent information. In addition to the specified Service Charge and other charges, applicable governmental surcharges, federal, state, local use, excise or sales taxes, and similar levies, chargeable to or against Utility, such as federal Universal Service Fees (“FUSF), because of the Service or Leased Equipment provided to Customer, shall be charged to and paid by Customer. Utility shall also be entitled assess, for purposes of recovering costs of compliance with regulatory obligations and administration of governmental fees and tax obligations, a Regulatory Compliance Surcharge equal to six point eight percent (6.8%) of the Service Charge, plus and Administration Fee of up to $50.00 per month.
1. INITIATION AND TERM OF SERVICE: With respect to each Service or Lease Description, the initial Term shall begin on the later of the Requested Service Date or the day following the date on which Utility notifies Customer that the Service or Leased Equipment, as applicable, is ready for use (in either case referred to herein as the “Service Commencement Date”) and shall continue for the applicable Term. Either Party may Terminate this Agreement as to a particular Service or Lease by providing the other Party written note of its intent to Terminate this Agreement not less than sixty (60) days prior to the expiration of the Term then in effect for the Service or Lease (“Notice of Termination”). If neither Party elects to provide the other with such Notice of Termination, the Term of the Service or Lease and this Agreement shall automatically renew and remain in effect with respect to the Service or Lease for an additional year and continue to automatically renew each year thereafter until terminated by either Party providing its Notice of Termination; provided, however, that the Service Charge during such period(s) shall be the then current monthly rate provided by tariff or Utility’s standard price list. In the event that the amount charged to Utility for one or more underlying communications services or facilities increases during the Term of a Service, Utility may increase its rate for any affected Service. Any such increase shall apply only after written notice to Customer, which shall be given not less than thirty (30) days before the increase goes into effect and shall be given through a notice on Customer’s bill, by e-mail if Customer has consented to such form of notice, or by first-class mail. If Utility raises its rate for a regulated California intrastate telephone Service at any time during the applicable Term, Customer may, prior to the effective date of the increase, cancel that Service without liability for any otherwise-applicable cancellation fees (which may also be referred to as early termination fees or charges). If Customer does not cancel the affected regulated California intrastate telephone Service before such date, the increase shall go into effect and Customer shall no longer have the right to cancel such Service without liability for cancellation fees as provided in this Agreement. In no event, shall Customer be entitled to cancel any other Service or Lease, whether affected by a rate increase or not, without incurring liability for cancellation fees. Customer shall be responsible for obtaining and maintaining rights-of-way and facilities required for access from Utility’s network to Customer’s premises, as well as necessary space and other facilities for Utility and Customer equipment.
2. PAYMENT: Except as otherwise required by tariff, Customer agrees to pay Utility monthly throughout the Term, on the Service Commencement Date and on the first of each month (or other) billing period thereafter, a Service Charge at the rate stated as “Recurring” charge for each Service or Lease. The first Service Charge shall be prorated from the Service Commencement Date through the end of the calendar month in which the Service Commencement Date occurs. The non-recurring charges and other charges are payable with the first Service Charge. Except as otherwise agreed, Utility shall submit a monthly invoice to Customer. Payment of all charges shall be due at the address shown on the invoice no later than twenty-five (25) days after the invoice date (“Due Date”), except that, in the event that cancellation of a Service or Lease results in Customer’s liability for cancellation fees under Section 6 of this Agreement, the Due Date for payment of all outstanding charges shall be accelerated and payment for such outstanding charges and cancellation fees shall, instead, be due three (3) days after Utility’s submission of its invoice to customer for the cancellation fees. Any amounts not paid within one (1) day after the Due Date (“Delinquent Charges”) will be subject to a late charge of one and one-half percent 1.5% per month or the maximum lawful rate, whichever is lower (“Late Charge”). Any applicable surcharge, federal, state, local use, excise or sales tax or similar levy, chargeable to or against Utility because of the Service or Leased Equipment provided to Customer, shall be charged to and paid by Customer in addition to the Service Charge and other charges under this Agreement.
Customer agrees to pay all costs, including reasonable attorney’s fees, expended in collecting Delinquent Charges.
3. SUSPENSION OR TERMINATION OF SERVICE: Utility may, at its sole option, suspend or terminate a Service or Lease (i) if Customer fails to pay all Delinquent Charges within seven (7) days after written notice of termination or (ii) if Customer fails, within thirty (30) days after written notice, to comply with this Agreement or any applicable tariff.
4. INTERRUPTION OF SERVICE; CREDIT: Utility will not provide a credit allowance for interruption of Service caused by the Customer’s facilities, equipment, or systems. Utility will allow for interruptions in regulated California intrastate exchange telephone Service of twenty-four (24) hours or more not due to conduct of Customer an amount equal to the fixed monthly charges for such exchange service multiplied by the ratio of the days of interruption to thirty (30) days. When interruptions continue beyond twenty-four (24) hours, credit allowance will be given in successive twenty-four (24) hour multiples.
5. LIMITATION OF LIABILITY; LIMITATION OF WARRANTY: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL UTILITY BE LIABLE FOR ANY
DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL OR PUNITIVE, OR ANY LOST PROFITS OF ANY KIND, ARISING OUT OF MISTAKES,
ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR DEFECTS IN TRANSMISSION, (INCLUDING THOSE WHICH MAY BE REQUIRED FOR COMPLIANCE WITH RULES OR ORDERS OF REGULATORY OR JUDICIAL AUTHORITIES), ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE OBLIGATIONS OF UTILITY HEREUNDER.
CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF UTILITY’S PERFORMANCE HEREUNDER SHALL BE CREDIT FOR SERVICE INTERRUPTION AS PROVIDED IN SECTION 4, ABOVE, OR APPLICABLE TARIFF. UTILITY MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY,
MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.
6. CANCELLATION: (A) If a Service Commencement Date does not occur within ninety (90) days after the Requested Service Date, Customer may cancel this Agreement with Utility Telecom, LLC. Page 5 of 7
Voice and Internet Service Agreement
respect to the subject Service or Lease without liability for any cancellation fees, by thirty (30) days written notice to Utility; (B) Except as permitted in subsection (A), if Customer cancels any Service or Lease, or if Utility terminates any Service or Lease pursuant to Section 3 above, then Customer shall be immediately liable, as of the date Utility learns of such cancellation (including without limitation through receipt of an order or request to port one or more of the Customer’s telephone numbers to another provider), for a cancellation fee in the amount of seventy-five (75%) of the Service Charges (including Regulatory Compliance Surcharges and Administration Fees, along with all applicable governmental taxes, fees, and surcharges) that would be payable during the remainder of the Term absent such cancellation or termination; (C) Either party may cancel this Agreement as to a Service or Leased Equipment without liability if Utility is prohibited from furnishing the Service or Leased Equipment, or if any material rate or term contained herein is substantially changed by final order of a court, administrative agency, or other tribunal of competent jurisdiction.
7. NON-TARIFFED SERVICES AND LEASED EQUIPMENT: The provision by Utility and the purchase or Lease by Customer of non-tariffed services and/or equipment in connection with this Agreement shall be subject to the terms and conditions of this Agreement except as superseded by the terms and conditions of any pertinent addenda attached hereto.
8. FORCE MAJEURE: If Utility’s performance hereunder is impaired by any cause beyond Utility’s reasonable control, including without limitation acts of God, fire, explosion, materially adverse weather condition, inability to obtain needed utilities or services, accidents, breakdown of equipment, machinery or facilities, radiation, compliance with applicable law or regulation, public emergency, civil strife, war or strike (“Force Majeure Condition”), then such performance shall be excused to the extent of such impairment.
Utility shall resume performance with reasonable dispatch after cessation of the Force Majeure Condition. If Utility’s performance is impaired by a Force Majeure Condition for a period exceeding sixty-days (60), Customer may cancel the affected Service or Lease without liability for a cancellation charge.
9. ADDITIONAL PROVISIONS:
(A) Non-Waiver. The failure of either Party to give notice of default or to enforce or insist upon compliance of any of the terms or conditions of this Agreement shall not constitute a waiver of any term or condition hereof; and the waiver of any term or condition of this Agreement, or the granting of an extension of time for performance shall not constitute a waiver or extension of time with respect to any other matter, including future application of the same provision. (B) Disputes – Arbitration. Except for disputes regarding Customer’s failure to pay for Service or Leased Equipment as provided in this Agreement, if any dispute cannot be resolved by negotiation between the two parties, either Party may by notice require that the dispute be submitted to binding arbitration by a single arbitrator, at a location reasonably selected by the party giving such notice, under the Commercial Arbitration Rules of the American Arbitration Association. (C) Entire Agreement. This Agreement, including Addenda and matters incorporated herein by reference, contains the entire understanding of the Parties, and supersedes any prior quotations, proposals, arrangements, or understandings relating to the subject matter hereof. No subsequent agreement between the Parties concerning a Service or Lease shall be effective unless contained in a writing signed by both Parties. (D) Assignment. Customer may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Utility, which shall not be reasonably withheld.
(E) Notices. Required or permitted notices shall be in writing and delivered by registered or certified mail return receipt requested, postage prepaid, if to Customer, to a person identified as a “Service Contact” and if to Utility, to Contract Administrator, Utility Telecom Group, LLC, 4202 Coronado Avenue, Stockton, California, 95204, or as otherwise provided by proper notice hereunder, and the effective date of any notice under this Agreement shall be the date of receipt or refusal of delivery. (F) Regulatory Jurisdiction. Provision by Utility of Service, Leased Equipment, and other matters related to this Agreement are subject to applicable federal, state, and local regulatory authority.
(G) Severability. Each Service or Lease described in a Service Description is deemed a separate Service or Lease; and termination of any Service or Lease shall not affect any other Services Leases.
(H) Partial Invalidity. If any provision of this Agreement shall be held invalid or unenforceable under applicable law, the remainder shall not thereby be affected and shall be given full effect.
(I) Confidentiality. Except with consent of the other Party or as required by law or court order, neither Party will disclose the existence of this Agreement or any information regarding its terms or the Parties’ performance hereunder (“Confidential Information”) to any third party without prior written agreement.
Terms and Conditions Initials /in1
Utility Telecom, LLC. Page 6 of 7
Voice and Internet Service Agreement
Order Notes
Order Notes
Any terms contained in the order notes supersede any conflicting terms in the Voice and Internet Agreement. if the customer would like to get rid of their sip trunks and or minute bundles there will be no early termination fees.
In regards to section 9B we will use mediation instead of arbitration.
In regards to section 9f we are adding the venue of San Mateo County Superior Court.
In regards to section 9I the customer can disclose the contract without our the consent of Utility Telecom.
Utility Telecom, LLC. Page 7 of 7
Voice and Internet Service Agreement