Terms and Conditions of Service – v2
1.1. The Customer shall ensure that its use of INL’s network services shall not disrupt
INL, its associated networks or equipment forming part of the systems.
1.2. The Customer shall not transmit any communication where the meaning of the message, or its transmission or distribution would violate any applicable law or regulation or would likely be offensive to the recipient or recipients thereof.
1.3. No message or data may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any INL user or to any directly or indirectly attached network. Use of INL’s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by INL shall be considered a breach of this Agreement and may result in cancellation of service.
1.4. Use of another organization’s networks or computing resources is subject to their respective permission and usage policies.
Installation fee and first month’s service fee is due upon completion of installation. For customers billed monthly, invoices will be emailed, faxed, or mailed on the 1st of the month preceding the month for which services are being billed. Payment is due within 30 days of receipt of an invoice. Customer monthly service fees are considered late if not received before the 1st of the following month. Service will be suspended if payment is not received by the 5th day following receipt of notice of non-payment. Customer will be billed a late fee of $25 for all payments received after the 10th of the following month and suspended customers will be billed a reactivation fee of $75 per location if service is suspended and reconnected. Customer will pay or reimburse INL for any and all sales and use taxes, duties, or levies imposed by any authority, government, or government agency in connection with Customer’s invoice in relation to usage of the Service. Upon non payment, Customer’s account may be terminated and INL shall be entitled to collect interest on overdue payments at the maximum rate allowable by law. Customer will also be billed for service calls when applicable (see below reasons for service call charges and relevant fees)
INL shall provide access to its network pursuant to the above listed specification on a 24 hours per day, 7 days per week, and 365 days per year basis (24x 7x 365 or 24x7x366 in the case of a leap year). The Customer shall be responsible for the required connections internal to the Customer. INL will in all cases provide the interconnection interface into Customer’s existing local area network or Customer’s private network. INL will work closely with Customer to provide the required assistance for Customer to interconnect to
the INL network during the initial activation process. Customer may elect to have INL provide integration services that are billed additionally. The network connection provided by INL shall only be used for the lawful business of Customer. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Agreement. All data collected from data mining services provided by INL belongs to INL and customer is provided access to such data during the term of the agreement when such services are subscribed by the customer. INL is not responsible for the accuracy of any marketing content used by customer in any media type services offered. Without limiting the generality of the foregoing, Customer may not sell broadband voice, Internet, data accounts, media services, or list of CyberSecurity services outlined in customer agreement without the expressed written permission of INL.
Customer understands and agrees that upon the signing of the INL service agreement, INL in good faith will attempt all installations under stated agreed pricing within the customer agreement provided such installation is considered standard and not requiring additional facilities which are non standard or additional engineering considered non standard. If INL determines in its sole discretion that any installation is non standard, INL will resubmit relevant quotation / agreement for customer to sign agreeing to revised service terms. Without such signed document, INL will not commence new installation.
Unless a managed equipment service is selected, customer appliance required to connect Customer location to the INL point of demarcation will be provided by Customer. INL will not be responsible for any damage to Customer’s equipment resulting from connection to INL except where the damage is as a direct result of INL’s fault or negligence and INL will not be responsible for any billing disputes that Customer may claim are a direct result of Customer waiting to purchase the required equipment to interconnect to the INL network which was activated, tested, and ready for service delivery well before the customer finalized their equipment purchase.
Customer understands that an uninterrupted power supply (UPS) must be utilized at each customer location to ensure the stability of electric power and prevent any possible power surges that could damage the INL equipment. Any damage incurred to the INL equipment that is power related will be billed to Customer for the replacement value of the equipment. Any equipment (router/ups/switch/etc) provided to Customer for inside premise use along with the wireless radio located by INL on the exterior of the Customer building location is not included in any equipment fees above (unless sold to customer) and is strictly the property of INL. INL may in its sole discretion remove the equipment without permission if Customer has not paid their bill in full within forty-five (45) days of receipt of notice from INL. Please note that the equipment while in the Customer’s care will be the Customer’s responsibility. In cases where the damage is deemed to have been caused by power related issues both parties must agree or verification of the cause must be obtained from a certified independent party.
INL undertakes to provide the Customer with the replacement value of all INL equipment to be housed at the Customer’s premises prior to installation at the Customer’s premises. Customer will not be required to insure any equipment provided by INL, but will be held liable for any replacement or repair cost that result from negligence on the part of the customer. Customer will need to ensure that person(s) entering the inside equipment room or the roof of the property where the INL equipment is located, must have the necessary permission and such persons must refrain from removing or relocating same equipment, as any damage that occurs will be the sole responsibility of customer.
The INL equipment placed in/on the building will be firmly secured to the building structure. If the equipment is stolen, INL assures customer of replacement within 48 hours, provided the location is deemed safe to replace such equipment. When the equipment is stolen more than once in a sixty (60) day period, customer will allow for INL to relocate same equipment inside the building if necessary to prevent any future occurrence. If customer does not wish the equipment to be placed inside the building, customer will be advised by INL of other options (which would include metal grilling of the area) to be installed. All associated costs to accommodate these requirements will be absorbed by customer. Equipment damaged by acts of god, will be replaced by INL, provided customer has effectively utilized proper electrical surge equipment to prevent damages to the INL equipment.
No Warranties, Limitation of Liability
Customer acknowledges that the Service is provided AS IS, and that INL MAKES NO EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTIES, GUARANTEES OR ASSURANCES SET OUT IN THIS DOCUMENT, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND HEREBY DISCLAIMS THE SAME. INL DOES NOT WARRANT UNINTERRUPTED OPERATION OF THE SERVICE AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY CUSTOMER AS A RESULT OF THE OPERATION FOR MALFUNCTION OF THE SERVICE.
Services Covered under these Terms and Conditions
- MPLS / VPLS / IP – Private Data
- DIA Internet – Dedicated Internet Bandwidth – Symmetric up/down
- Managed Services – (Appliance/desktop/marketing/Cyber/power, etc)
- SMB Internet (IP-VPN, Internet Browsing, Video Streaming, etc..)
- Cyber Security ( Training, Appliance mgt, Endpoint mgt, Data Analytics, etc)
- Voice (SIP line, SIP trunks, AWD)
- Business Continuity (SAAS, Offsite Data Storage, Data Restore)
- Digital Signage – media services
- WIFI Marketing – media services
INL Core Network Security
INL core wireless/fiber network is an MPLS (Multi Protocol Label Switching) Network. A MPLS network is a sophisticated network that routes traffic based on tag switching rather than normal IP routing, which is more efficient and has the ability to heal itself when a network failure occurs. MPLS uses routing protocols such as OSPF (Open Shortest Path First). This means that when there is more than one path to a particular destination, the traffic will choose the shortest path as its first option. An MPLS network is capable of supporting thousands of virtual private networks (VPNs) on a single physical infrastructure. Part of the reason that MPLS is capable of supporting so many VPNs is that its division of labour reduces the requirement for complete end-to-end peering across the network. MPLS reduces network complexity in part because MPLS integrates both Layer 2 (L2) and Layer 3 (L3) routing switching in a single, uniform, standards-based protocol hierarchy.
Each customer is assigned an individual Virtual Local Area Network (VLAN). All traffic the customer sends and receives within the private network travels within this tunnel and is invisible to all other customers, even if they are going through the same radio. This means traffic is routed via V-LANS, using MRS tagging. Traffic is also routed with VRF Tables. INL warrants that each customer’s traffic is private, secure, and routed independently of any other Private Networks’ V-LAN. INL guarantees complete security/privacy with its radio network equipment as INL operates using a minimum 128 bit Encryption with Advanced Encryption Standards (AES)
The below is a list of different cyber security services covered in these terms and conditions. INL utilizes state-of-the-art Cyber Security solutions ranked within the top five (5) network security manufacturers in the world. This assures the customer that when this equipment is properly utilized (As setup or Recommended by INL) along with proper employee security awareness training is completed, the probability of a network security breach is unlikely. Given network security breaches occur in so many different formats, INL cannot guarantee the customer will never incur a network security breach of some type.
- Cybersecurity Consulting – Security reviews, Policy development, Security Awareness workshops. Managed Firewall – Install, configure and manage
- Cybersecurity Awareness Training – Training, Phishing Simulations, etc.
- Network Security Monitoring- Detection & Response to cybersecurity events
- Vulnerability Management – network vulnerability assessments and remediation activities
- Incident response Management Retainer
- Business Continuity Management & Disaster Recovery – offsite backup storage facilities
Security Operations Centre (SOC) – Escalation Process:
- Inbound Call from customer escalation
- SOC monitoring Indicator escalation
- INL tech onsite problem indicator
- Decision to dispatch to customer
- Equipment failure in the SOC
- General security breach detected in customer network
- SOC operating hours ( M-F 6am – 9pm for General SOC services & 24 hours per day / 7 days per week for Advanced SOC services )
The Security Operations Centre (SOC) escalation process will take same process and format as stated below for the Network Operations Centre. Small differences may exist with regard to the manner in which customers are more likely to always be notified by the SOC with regards to a security risk detected. Escalation process will then begin from this point. Customer may also fully utilize the provided online client portal to open service tickets on their own or view existing tickets that are being worked on by the SOC on the customer behalf.
Response Time (onsite)
INL guarantees a maximum problem response time of six (6) hours island-wide (for INL network or customer CPE failures) provided the problem is determined to be within the scope of the INL network infrastructure or INL managed services. Response times for Standard Cyber Security services are within two (2) hours of clear problem indication inside the SOC and within three to six (3-6) hours onsite during business hours. Advanced SOC services will receive immediate response and immediate dispatch onsite as required to prevent/stop any/all network security breaches.
Provided that the problem is within the scope of the INL core network, INL guarantees a maximum problem resolution time of three (3) hours from the time of arrival to the problem location. Direct Lightning hits, Earthquakes, Hurricanes, and other acts of God can delay the resolution time due to issues that prevent INL from getting to the problem destination such as obstructions in roads, damage to physical tower, or other severe infrastructure damages that are typically caused by Acts of God.
Service Call Charges:
Remote per hour rate – US$ 85.00/Onsite dispatch per hour rate – US$150.00
Reasons for Service call charges:
Charges will be applicable based on the below
1.Request by customer 2.Any damaged cabling that has to be replaced 3.Equipment damaged due to lack of UPS 4.Customer mixed up cables 5.Re-install when the client moves radio without approval 6.Relocation of radio, requested by the client 7.Testing beyond the point of demarcation, for non-managed service 8.INL Equipment unplugged 9.Cable run requested on-site (and a charge for the cable run) 10. Equipment replacement because of damage
Service calls are based on a 2-hour on-site visit.
Residential $75 fee and $65/hr
Business $150 fee and $150
Network Operations Centre (NOC / SOC) – Escalation Process
Island Network maintains three (3) levels of escalation which can be best described as the following:
Customer Service: This area receives the initial telephone call and the customer is validated as an INL customer located at a specific location for which service is contracted. Thereafter, customer service collects the required data regarding the customer problem and opens the needed trouble ticket and advises customer of such ticket number for tracking purposes. Customer service will hand off most problem issues to the first level support persons located in the network operations centre (NOC) once the information is gathered from customer.
Level One: This the first line of technical support. At this level, the basic customer premise equipment monitoring, troubleshooting process, and fault reporting process is completed and typically escalated within the first 15-30 minutes of the trouble ticket being opened. Such handoff would be to level two, NOC manager or level three. Within the NOC, dispatch is only approved by the NOC manager or level three technicians working during the absence of the NOC manager.
Level Two: This is the second line of more advanced troubleshooting process and is usually not a direct dialogue with the customer during the problem occurrence. Level two is focused on problem resolution within 30-45 minutes of receiving the trouble ticket and is required to advise the network operations manager of unsolved issued during this time that would require either level three interventions or immediate dispatch.
Level Three: This is the Final and most advanced level of the escalation process and is very rarely ever utilized for customer premise specific issues. INL core backbone and infrastructure issues are directly handled at this level. Level three is required to resolve issues immediately or dispatch immediately to resolve a core infrastructure problem.
Trouble Ticket closure: The Customer Service Team will be in dialogue with customers on a daily basis with primary focus to close outstanding trouble tickets being monitored within forty eight (48) hours due to the resolution provided earlier.
Usage Reports: Upon request of Customer, INL will provide username and password access for Customer to view the actual network statistics of its locations’ bandwidth consumption. Such report will outline the statistics in daily, weekly, and monthly format. Additional reporting services are provided for a fee. All reports and access to such online reporting system is to be utilized by Customer only. INL reserves the right to terminate access to this usage report service if at any time the service would compromise the security of the company, the network, or if access to the system is being utilized by parties outside of the Customers permissions granted for the use stated above.
Emergency Response Channel (ERC) Functionality:
The INL – ERC functionality is a special escalation system designed for multi-location customers with a minimum of ten (10) locations served by IslandNet. This escalation process bypasses the normal escalation process and goes direct to the INL customer service agent whom will connect the customer with a level 3 engineer. INL ensure that problem detection and response time is within one (1) hour. The intended functionality of this special escalation process is therefore designed to have complete resolution to the relevant issue within two (2) hours (not including any possible onsite dispatch requirements).
INL Fault management policy
INL is responsible for the functionality, monitoring and performance of all INL owned equipment on Customer’s premises. INL will monitor and manage all INL equipment installed on Customer’s premises. Customer is responsible for Customer’s equipment that interconnects to INL equipment including the Interconnecting cables. Customer will monitor its equipment up to its interface interconnecting to INL equipment. INL will monitor on a 24x7x365 basis all INL owned equipment up to the interconnecting interface with Customer’s equipment.
When a fault is detected by INL, Customer will be notified within 30 minutes by contacting the parties identified in the agreed fault management and escalation procedures. INL will indicate to Customer where appropriate:
- location or locations affected
- the nature of the fault
- if access will be required to Customer premises to effect repairs
- The estimated time for restoration of service.
- The name of the personnel that INL will be dispatching to Customer locations to effect repairs
This notification will be sent in email format to the customer (contact info customer provided), and a subsequent notification upon resolution of the service.
Customer will provide access to its facility where possible in a timely manner that is in compliance with its normal operating procedures. In the event that access cannot be provided to INL due to circumstances that are beyond Customer’s control or based on Customer operating procedures then INL will not be deemed responsible for any delays in effecting repairs.
INL is expected to have all configurations regarding customer service available to its authorized staff to effect repairs without the need to consult Customer to provide such information. Once a fault is resolved INL will provide Customer with an incident report within two (2) business days the details of which are outlined in the agreed fault management and escalation procedures.
INL will monitor and analyze the performance of the network services provided to Customer and report on the first business day of the month on the previous month’s performance, provided customer is paying for advanced monitoring services. The report will include all calendar days.
The Customer’s sole remedy for any failure or non-performance of the Service shall be an adjustment or repair of the Service and in the event such downtime exceeds six (6) consecutive hours, a pro-rata refund of any applicable fees for the period of the Service downtime is applicable. For any other claim concerning performance or non-performance by INL, Customer’s damages, if any, shall be limited to those actually proven as directly attributable to INL and shall be subject to the limits set forth in this paragraph. INL’s liability for damages to Customer or its authorized users for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, shall be limited to the amount of charges paid by Customer for use of the Service under this Agreement during the twelve month period preceding the date of such a breach by INL.
The Formula for applicable daily credit remedy is calculated as follows: the monthly fee specific to the location with outage will be divided by the number of days in the month, which results in a per day rate. The daily rate will be multiplied by the amount of days the location experienced the outage. If there are no allowances made by the customer for INL Engineers to visit the affected locations, the remedy pro rata credit will not be applicable.
DISASTER RECOVERY PLAN (NOC / SOC)
INL has specifically located redundant equipment at remote locations designed to duplicate the operational efficiencies of the core routing and switching services located at the current Network Operations Centre (NOC) or Security Operations Centre (SOC). The redundant equipment is designed to be enabled within four (4) hours if such an event should occur that would cripple the core switching and routing equipment located in the NOC/SOC. The core network backbone infrastructure would continue to function as normal routing and switching traffic to and from their destinations around the island upon the switch over to the redundant equipment. Tower sites that have not been physically damaged will continue to function as normal and traffic will be automatically rerouted to alternate tower sites for the traffic that is destined to physically damaged sites. NAS backup drives are replicated at other remote sites for easy retrieval should there be significant damage to the NOC/SOC that would render all stored data at that location unrecoverable.
Both parties agree to defend, hold harmless and expeditiously indemnify each other from any liability, claim, loss, damage or expense arising out of the indemnifying party’s breach or violation of any warranty or covenant contained in this Agreement and the attached exhibits including reasonable attorney’s fees and expert witness fees and other reasonable costs incurred in the defence of any legal proceeding asserting such a claim.
INL shall not be responsible for any delay in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any regulated telephone network or any other occurrence commonly known as force majeure, including war, riots, embargoes, strikes, or other concerted acts of workmen (whether of INL or others), casualties or accidents, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services. INL may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence or occurrences and in such event INL shall have no liability to Customer. The Customer shall have the right to terminate this Agreement in the event that these delays extend beyond a period of 45 days if in the sole judgment of the Customer it will be detrimental to continue the Agreement.
Termination and Default
- INL may, at its sole discretion, terminate this Agreement and discontinue Customer’s access to and use of the Service if
- After INL provides notice, Customer fails to pay any amount due within 7 days; or ii. Customer breaches any of the terms, conditions, obligations, or representations contained in this Agreement; or iii. Customer is in default under any other Agreement with INL or its subsidiaries; or iv. Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceedings, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due.
- In the event of a default by Customer as specified in paragraph (a) of this section, INL shall also be authorized to retain all payments made hereunder and to recover the full unpaid balance of the charges applicable to the current term of this Agreement. c. In the event of INL failure to provide acceptable services as per this agreement, customer could exercise the right to demand this agreement to be terminated, in such case customer will provide written notice and allow INL to cure such non-compliance within ten (10) business days. d. In the event of a location being closed down (not including moving to a different location), INL requires sixty (60) days notice of such intent, and this will be effectively removed from billing thereafter. No additional penalty for closed down location will be incurred by customer after this period. e. In the event of customer wanting to terminate all services with INL, a written notice of cancellation is required. This must clearly state the reason for the discontinuation of service and show failures of INL to meet the terms of this agreement. If the customer is unable to prove INL inability to meet all areas of the service agreement, such cancellation would require customer to fulfil payment on remaining term of the agreement. If customer chooses not to renew service agreement at the end of its term, it is required of customer to provide INL with written notice sixty (60) days prior to agreement termination date.
Automatic Renewal & Price Changes:
The signed customer agreement will automatically renew for the length of the Agreement unless written notice is provided by either party to the other at least 60 days prior to the anniversary date. Any price increase will require notification at least 60 days in advance of the anniversary date.
The INL service agreement may not be assigned or transferred by Customer without prior written consent of INL.
If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
Choice of Law
The laws of Jamaica shall govern these terms and conditions
Notice to either party shall be delivered personally or by first-class, pre-paid mail to the respective address as set forth above, unless written notice of a change of address was previously given by either party. Notices sent by prepaid mail will be deemed received after seven (7) days of postage.
This terms and conditions sets forth the entire terms and conditions respecting the Services, and supersedes any prior discussions respecting the same. These terms may be amended as needed by the company without formal notification to customer. These terms and conditions for service will reside on the company website at www.islandnetjm.com
Event Service Cancellations
A fee of 30% (of signed agreement total) cancellation fee will be enforced if the event is cancelled within 24 hrs of signed agreement, otherwise 75% of all charges due will be enforced if the event is cancelled after that time and before the event begins.
After Hour Escalation List
Customer at its sole discretion may utilize the following process if it is NOT at any time receiving the escalation timelines stated above. In “order of priority”, call the following managers:
EMERGENCY CONTACT LIST ORDER OF PRIORITY:
Monday -Friday: 8am – 9pm Saturday & Sunday: 10 am – 2pm
Customer Service Representatives
M-F 8am – 9pm, Sat / Sun – 10am2pm
978-8074 606-0000 Ext 1068,1087
Network Operations Center
Level 1,2 & 3 Support M-F 8am -9pm, Sat / Sun – 10am 2pm
978-8074 606-0000 – firstname.lastname@example.org