These Additional Service Terms and Conditions apply in respect of Cogeco Peer 1’s “software-defined wide-area network” product (or “SD-WAN”) for which a Cogeco Peer 1 customer (“Customer”) will pay and which forms part of, and is subject to, the terms of the Master Services Agreement (MSA) to be found at https://www.cogecopeer1.com/legal/master-services-agreement/ as updated from time to time, between Cogeco Peer 1 and the Customer.
1.1. The committed term applicable to the Services selected by Customer will be as stated in the relevant Order.
2.1. Customer shall be invoiced monthly for the SD-WAN service. Invoices shall be payable in accordance with the terms of the MSA.
2.2. The monthly recurring charge for the SD-WAN service will be comprised of the following components:
• SD-WAN access
• SD-WAN bandwidth (total bandwidth in/out)
• Any added optional features including web-based performance reporting.
See section 3 below for options regarding how to finance the SD-WAN CPE device via which Customer will access the SD-WAN service.
2.3. It is Customer’s responsibility to keep up to date with payments. Cogeco Peer 1 may suspend Customer’s SD-WAN service, in accordance with the terms of the MSA, in the event of non¬payment.
2.4. Cogeco Peer 1 will endeavor to provide Customer 30 days’ notice of any increase in the standard pricing of the SD-WAN service. Cogeco Peer 1 shall be entitled to increase the charges outlined in section 2.2 on an annual basis up to the Consumer Prices Index for Ontario, Canada (where Cogeco Peer 1 is headquartered) plus 2%.
2.5. Future feature releases of the SD-WAN service may contain features for which an additional fee will apply.
3.1 Cogeco Peer 1 will deliver a Network Services Gateway (NSG) device (the “SD-WAN CPE device”) to the Customer via Cogeco Peer 1’s third party distribution network. Cogeco Peer 1 shall use reasonable commercial efforts to arrange delivery of the SD-WAN CPE device(s) within 7 business days, although time shall not be of the essence in this concern and Cogeco Peer 1 shall not accept liability for delays which are beyond Cogeco Peer 1’s reasonable control.
3.2 Cogeco Peer 1 shall deliver the SD-WAN CPE device to Customers on a Delivered Duty Paid (“DDP”) basis.
3.3 The SD-WAN CPE device may be either financed in instalments or purchased outright at the start of the supply of the SD-WAN service. In either case Cogeco Peer 1 reserves the right to commence charging Customer for the SD-WAN CPE device as soon as the device is dispatched. If financed, the Customer will be invoiced for the SD-WAN CPE device on a monthly basis. On early termination, the balance owing on any financed device shall become immediately due and payable and must be paid off in full.
3.4 The SD-WAN CPE device is supported by a 12-month limited-warranty from the date the SD¬WAN CPE device is delivered as outlined further below (the “Warranty Period”)
3.5 During the Warranty Period, the SD-WAN CPE device manufacturer shall, in its reasonable discretion, fix any device confirmed by Cogeco Peer 1 to be faulty or, alternatively supply Customer with a new replacement SD-WAN CPE device. Any fixed or replaced device shall be covered by the limited-warranty for the remainder of Warranty Period.
3.6 Under the terms of the Warranty, an SD-WAN CPE device returned for repair may be repaired with appropriate components which may be used, remanufactured or refurbished.
3.7 Further under the terms of the Warranty, in the event of Customer interference with the SD-WAN CPE device or failure to follow installation, operation or maintenance instructions, the Warranty will be voided.
4.1. Placing an Order for SD-WAN services will trigger the Operations Service Fulfillment process (as described in the Service Description) which will take up to seven (7) working days. This time line is provided as an estimate only and is not of the essence.
4.2. On receipt of the SD-WAN device it is the Customer’s responsibility to connect this to its existing underlying Connectivity network. Instructions are provided to the Customer to complete the connection. For the avoidance of doubt, Cogeco Peer 1 will not be responsible for any provisioning issues, outages or service interruptions resulting from an incident attributable to any third party connectivity network used by the Customer.
4.3. The deployment of the SD-WAN CPE device and the initiation of the SD-WAN service are separate events which are dependent on each other if the SD-WAN CPE device is primary and being installed for immediate use. However, if the device is secondary back-up (intended for installation only if the primary device fails) then the initiation of the Service is not dependent on deployment of the back-up SD-WAN CPE device.
4.4. Once Service Provisioning has completed, Cogeco Peer 1 will provide the Services in accordance with the Service Description.
4.5. Customer’s requests to re-design or to modify networks must be notified through the Cogeco Peer 1 Sales channel. The Cogeco Peer 1 Sales Engineer will document the scope and complexity of the change request. Changes may be subject to an additional one-off charge.
5.1. Incident Management will be provided in accordance with the terms of the Service Description in the event of an incident that interrupts or reduces the quality of Cogeco Peer 1’s SD-WAN service to the Customer. Customer acknowledges that Cogeco Peer 1’s incident management procedure sets out the Customer’s sole recourse to Cogeco Peer 1 in the event of an incident and that Cogeco Peer 1 shall not be liable for any losses resulting or arising from any incident or disruption to the SD-WAN service.
6.1. To disconnect an SD-WAN service, the Customer must submit a disconnect order in writing to [email protected] Termination charges may apply as per the MSA. The customer may delay or cancel a disconnect order without charge at any time prior to the disconnection date provided that they do so in writing to renewal[email protected] Termination charges may apply as per the MSA. Any outstanding balance relating to the purchase of the SD-WAN CPE device shall become immediately payable at this time.
6.2. The Customer may delay or cancel a disconnect order without charge at any time prior to the disconnection provided that they do so in writing to [email protected]
6.3. It is the Customer’s responsibility to retain a record of its configurations prior to cancelling the SD-Wan service. Cogeco Peer 1 shall not be responsible for maintaining a record of any applicable hardware or software configurations.
Notwithstanding any terms between Cogeco Peer 1 and Customer either under the MSA or in these Additional Service Terms and Conditions: SD-WAN, Cogeco Peer 1’s liability for any loss or harm arising from its provision of the SD-WAN services shall not exceed the Fees paid by the Customer for the SD-WAN Services in the immediately preceding month to that in which the claim arose.