Ip-Vpn Service Terms

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IP-VPN SERVICE TERMS These Service Terms are effective from 25 April 2019. video communication service (e.g. voice over IP), unless Customer purchases public internet service from Vodafone or Customer is GENERAL permitted to connect the Service to a public internet service in 1.1 Service Summary: IP-VPN Service (the “Service”) is a private accordance with Applicable Law. Wide Area Network (WAN) service that supports data, voice, and 2.5 Customer Sites - Customer Obligations: For the purposes video traffic virtually over a shared packet network. The IP Virtual of preparing for and delivery of the Service, Customer agrees to: (a) Private Network (VPN) is built and configured among various have in place (or assist Vodafone to do so at Customer's cost) all Customer Sites that are connected to the Vodafone IP-Multi- third party consents necessary to allow Vodafone or its Protocol Label Switching Network. It uses a range of site topologies subcontractors to: (i) access Customer Sites, Equipment, and third and network access methods, such as private fixed line circuits party property; and (ii) install, configure or maintain Equipment on (ADSL, VDSL, EFM, Fibre Ethernet, and leased line), wireless Customer Sites or third party property; (b) provide secure storage access, SISA, and Extended Access Service. Additional IP-Network for Equipment sent to Customer Sites; (c) prepare Customer Sites features are available including Multi-VPN/VRF-Lite, IPv4 Multicast, in accordance with Vodafone’s instructions; (d) ensure that IPv6, and Extranets. In connection with all Service Packages Customer Sites are safe and represent a suitable working outlined below, Customer may order, Satellite Access, Cloud environment; and (e) when possible, give Vodafone 10 Working Connect, Enhanced Network Based Internet Access (“Enhanced Days’ notice of any event (such as power disconnection) that will NBIA”), Secure Network Gateway – Firewall & Intrusion Detection disrupt the Service or affect the Equipment. (“SNG”), Secure Remote User Access (“SRUA”), Vodafone Online 2.6 Customer Sites - Vodafone Obligations: Vodafone will: (a) Portal Service, Riverbed Optimisation Service, and Web Security comply with any reasonable Customer Site access and security Services all as described in the Extra Service Terms. The term procedures disclosed to Vodafone in advance; and (b) deliver “Service” includes each Service Element. installation and maintenance work: (i) during Working Hours, when 1.2 Service Packages: Customer will purchase the Services the work does not involve any suspension of the Service; or (ii) under one of the packages below as set out on the Customer subject to additional charge notified to Customer in advance, outside Agreement or on an Order. of Working Hours if requested by Customer or if Vodafone is unable 1.2.1 Wires Only means Customer supplies, installs, maintains, to deliver the works during Working Hours for reasons outside of and manages the Customer Equipment. Vodafone's control. 1.2.2 Managed means Vodafone supplies, installs, maintains, 2.7 Security Obligations: Customer will: (a) take reasonable and manages the Vodafone Equipment. steps with entities it controls in line with commercial good practice 1.3 Structure and Precedence: Notwithstanding any terms in any to limit misuse of or threat to the Service, Equipment, or Network; framework agreement between the Parties, these Service Terms (b) notify Vodafone of any Customer security issues which are likely apply to the Service and include or are governed by the following to materially adversely impact the Network; (c) address any misuse documents and if there are any conflicting terms in these Service or threat identified by Vodafone through the implementation of Terms, the following order of precedence applies (highest level of appropriate security or user controls and (d) seek prior approval precedence first): (a) each Order; (b) the Customer Agreement; (c) from Vodafone before running any security tests, vulnerability scans Extra Service Terms, if applicable to the specific Service Element; or penetration tests on Equipment or Services. (d) the Service Terms; and (e) the General Terms. 2.8 Authorised Users: Access by Customer to the Service and CONDITIONS OF USE Equipment is limited to authorised Users. Vodafone will provide 2.1 Site Survey: Vodafone may require a Site Survey prior to each authorised User with a user name, password, or other access delivery of a Service Element. Customer will permit Vodafone or its information (“User Details”). Customer is responsible for: (a) the subcontractors to conduct Site Surveys as necessary and Customer security of the User Details; (b) providing Vodafone with the identity will complete the required preparatory work as detailed in the Site of the authorised Users and keeping that information current; and Survey report. (c) authorised Users’ compliance with the Customer Agreement. 2.2 Third Party Providers: Vodafone will use a Third Party Vodafone accepts no liability for any unauthorised or improper use Provider or Vodafone Group Company that has the necessary or disclosure of any User Details. Customer is liable for all acts and authority to provide a Service Element where required by Applicable omissions conducted using the User Details. Law. Vodafone may novate any Customer Agreements as required 2.9 Freeze Period: Vodafone may delay the delivery of a Service in order to comply with Applicable Law. Element during a Freeze Period. “Freeze Period” means: (i) the 2.2.1 Incumbent Providers: In certain locations Vodafone is period generally from 1 December to 15 January each year; and (ii) required to use an Incumbent Provider to deliver a Service Element any period involving a significant spike in Network usage. (e.g., the last mile access provider). If an Incumbent Provider is 2.10 Applicable Laws: Vodafone and Customer shall respectively unable, declines, or ceases to provide the required Service Element, comply with all Applicable Law. Vodafone will terminate the affected Service Element(s) and neither AUP: Customer agrees to comply with Vodafone’s Acceptable Use Party will be liable to the other as a result of this termination. Policy available at www.vodafone.com/business/AcceptableUse Vodafone is not responsible for delays caused by Incumbent Policy. Providers. 2.2.2 Third Party Agreement: In certain locations, Third Party EQUIPMENT Provider terms will be set out in a separate agreement directly 3.1 Equipment: Customer must have Equipment that meets between Customer and the Third Party Provider (including, if Vodafone’s specifications on the Customer Site to use the Service. relevant, shrink-wrap or click through agreements). If Customer fails Customer may purchase Equipment from Vodafone or from its own to accept the Third Party’s terms and conditions, Customer will not suppliers. The Equipment Terms apply to Vodafone Equipment and be able to access the affected Service Elements and Vodafone is Customer Equipment. excused from liability for failure to deliver. Customer may request 3.2 Cisco End User Terms: Customer agrees to comply with the Vodafone to act as its agent for the purposes of managing the Third terms and conditions as contained under the URL links below, as Party Provider, including for placing orders, reporting Incidents, updated from time to time: receiving invoices from, and making payments to, a Third Party 3.3 Cisco Service Descriptions. The Cisco Service Descriptions Provider. and additional End User Obligations are located at: 2.3 PSTN and IP Voice / Video Services: Customer www.cisco.com/web/about/doing_business/legal/service_descripti acknowledges that the Service is not a public voice service. ons/ Customer and its Users shall not connect or seek to connect the 3.4 Cisco End User License Terms. Cisco branded products and Service to any public voice service, including the public switched documentation are provided to the End User subject to the then- telecommunications network (PSTN) or other voice or video current Cisco end user license terms. A current copy of the Cisco services (e.g. voice over IP) unless Customer purchases such end user license terms is available at: services from Vodafone or Customer is permitted to connect the www.cisco.com/c/en/us/td/docs/general/warranty/English/EU1KEN Service to a PSTN in accordance with Applicable Law. _.html 2.4 Public Internet Service: Customer acknowledges that the 3.5 Cisco Limited Warranty. The only warranty provided with Service is not a public Internet service. Customer and its Users shall respect to any Cisco Product is the written limited warranty not connect or seek to connect the Service to a public Internet statement provided with that Product or, if no warranty statement is service and/or enable the use of public Internet for any voice or provided with a Product, the limited warranty statement is available C1 Public IP-VPN Service Terms Page 1 of 22 at the following URL: www.cisco.com/c/en/us/products/warranty- meet Service Level if the Service Level is affected by an Excluded listing.html Event. 3.6 Disclaimer. Except as specified in the limited warranty 6.3 Service Levels and Service Credits apply to Customer Sites statement specified in Paragraph 3.5 above, all express or implied located within a PoP Tier or SISA Band location. When a Customer conditions, representations or warranties, including, without Site falls into a SISA Band, the Service Levels for the SISA Band limitation, any implied warranty or condition of merchantability, will apply instead of the Service Levels for Pop Tiers. If a location fitness for a particular purpose (even if known to Cisco), non- does not fall within a PoP Tier or SISA Band, Vodafone will use infringement, satisfactory quality or arising from a course of dealing, reasonable endeavours to deliver the Services and will provide a law, usage or trade practice are hereby excluded to the greatest Service Level Objective for those locations on request. extent allowed by applicable law.
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