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STANDARD TERMS FOR COLLABORATION SERVICES ORDER FORM (COF)
Services under this Order Form will be provided by Global Crossing Telecommunications - Canada, LTD, a Level 3 affiliate (Level 3). Services will be provided for the initial and/or renewal term specified in the Order Form. Upon expiration, the term for those Services will automatically be extended on the same terms and at the same rates and charges, for successive twelve month terms until terminated by either party on forty-five (45) days’ written notice to the other before the applicable Service expiration date.
1. This Order Form is confidential and may not be disclosed to third parties. This Order Form is non-binding unless it becomes an accepted Customer Order as set forth in section 3.
2. The pricing stated in this Order Form is contingent on Service availability (as determined by Level 3) and is valid for 90 calendar days from the date of this Order Form unless a different time period is otherwise specified herein. This Quote supersedes any prior Quote from Level 3 or a Level 3 affiliate for the Service set forth herein. If any aspect of the Services set forth herein is to be provided internationally, a Local Country Agreement may be required.
3. Customer may place an order for the Service quoted herein by signing (including electronic or digital signature) or otherwise acknowledging (in a manner acceptable to Level 3) this Order Form and returning it to Level 3, at which time this Order Form shall become a Customer Order. The Service identified in this Customer Order shall be governed by and subject to the Master Service Agreement(s) and Service Schedule(s) (if any) between Level 3 and Customer (or its affiliate if expressly provided for under such affiliate Master Service Agreement) applicable to such Service. If Customer has not executed a Master Services Agreement with Level 3 but has executed a services agreement with an affiliate of Level 3 (“Affiliate Agreement”), then the terms of the most recent such Affiliate Agreement shall apply to the Service herein (to the extent not inconsistent with this Customer Order) provided that in such cases, the current standard Level 3 Service Schedule applicable to the Services shall apply. In the event that Level 3 and Customer have not executed a Master Service Agreement and/or applicable Service Schedule(s) with respect to such Service and have not executed an Affiliate Agreement, then Level 3’s standard Master Service Agreement/Service Schedule(s) (as of the date of this Customer Order) shall govern, a copy of which are available upon request. Notwithstanding anything in any Affiliate Agreement to the contrary, Level 3’s acceptance of this Order will be evidenced by (and this Order will be binding on both parties upon) Level 3’s delivery of the requested Service.
4. Neither party shall be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Customer Order. Customer's sole remedies for any outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. The separate provisions of this Section 4 are binding on the parties notwithstanding Section 1 above.
5. The rates applying to the Services are reflective of the charges levied on Level 3 by third party providers (“Third Party Charges”) who terminate calls to numbers on networks owned and/or operated by those and other third party providers, and that those Third Party Charges may be subject to change during the term for which the Services are to be provided under this Order Form. Notwithstanding anything in the Agreement to contrary, Level 3 reserves the right, upon three calendar days’ written notice, to increase the rates applying for calls made to specific call destination regions and/or to change such rates based on changes to Third Party Charges, which revised rates shall take effect at the expiry of the three day notice period.
6.All prices quoted and/or set out in this Order Form are exclusive of any taxes or surcharges (i) that Level 3 is required or permitted to charge, or (ii) that Customer is required to withhold under local laws. Customer agrees to pay all invoiced charges, including all such taxes and surcharges, without any withholding or deduction. 7. Level 3’s standard expedite charges will be added to the NRC when the Customer's requested delivery date is inside Level 3's standard interval duration (which will be provided by Level 3 upon request and is currently available at //MyLevel3.net ) commencing on the day of clean order receipt (as determined by Level 3). Level 3 standard ancillary charges will apply for additional activities, features or options as set forth in Level 3’s ancillary charge summary, a copy of which is available upon request.
Customer signatory and/or the person submitting this Order Form to Level 3 confirms that he/she is authorized to sign this Order Form and/or submit it on behalf of Customer