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Service Description for: FSN Managed Router Service
The following additional terms and conditions apply to FSN’s Managed Router Service (“MRS”):
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement between FSN and Customer, as well as the MRS Agreement's related MRS-1 attachment.
“Initial Config” means a document containing details regarding the Customer Local Area Network (“LAN”) and/or Wide Area Network (“WAN”), which will enable FSN to create the initial configuration.
“DDD” means the desired due date for the delivery of MRS.
ARTICLE 1. SERVICES
This shall apply to MRS, which is delivered via FSN’s platform. A further description of MRS is outlined in Schedule MRS-1 hereto, which is incorporated herein by reference.
ARTICLE 2. PROVIDER
The MRS shall be provided by Full Service Network, LP or its applicable subsidiaries or Affiliates (“FSN”).
ARTICLE 3. CUSTOM INSTALLATION FEES
Once FSN accepts an Order for MRS, FSN will invoice the Customer for all Custom Installation Fee(s). The Customer will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable order.
ARTICLE 4. PROVISIONING INTERVAL
Following the Customer’s acceptance of an order, FSN shall notify Customer of the DDD applicable to that order. FSN shall use commercially reasonable efforts to provision MRS on or about the DDD; provided, however, that FSN’s failure to provision MRS by said date shall not constitute a breach of the Agreement.
ARTICLE 5. SERVICE COMMENCEMENT DATE
5.1 FSN shall inform Customer when MRS is available and performing per the “Technical Specifications” outlined in Schedule MRS-1 (“Availability Notification”).
5.2 Charges for MRS shall begin to accrue as of MRS Commencement Date. The MRS Commencement Date shall be the earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify FSN that MRS does not comply materially with the Technical Specifications; or (C) the date on which Customer first uses MRS. Customer acknowledges and agrees that charges may begin to accrue with respect to FSN-provided ISP (as defined below) and MRS at different times. For the avoidance of doubt, charges will begin to accrue with respect to ISPs provided by FSN in accordance with ISP order.
ARTICLE 6. SERVICE REQUIREMENTS
In order to provide MRS at a Service Location, MRS Location must have connectivity to the Internet (“ISP”). The ISP must be ordered from FSN and may be pre-existing or ordered in conjunction with MRS. Notwithstanding the foregoing, if MRS configuration requires multiple ISPs:
- One connection must be an ISP provided by FSN; and,
- The other ISP(s) may be provided:
- by FSN; or,
- by the Customer as long as the Customer-provided ISP(s) meet the technical specifications provided by FSN. FSN reserves the right to refuse to use an ISP with MRS that does not meet the FSN technical specifications.
Customer acknowledges and agrees that termination of the FSN provided ISP shall constitute a termination of MRS and Customer shall pay Early Termination Billing with respect to MRS as provided herein; provided that, if Customer terminated such ISP as a result of FSN’s material and uncured breach in accordance with the Agreement, then Customer will not be obligated to pay Early Termination Billing charges with respect to MRS.
Portability. Customer may terminate an existing MRS (an “Existing MRS”) and turn up a replacement MRS (i.e., activate MRS at a different Service Location ) (a “Replacement MRS”) without incurring Early Termination Billing with respect to the Existing MRS, provided that: (A) the Replacement MRS must have a MRS Term equal to or greater than the remaining MRS Term of the Existing MRS, but in no event less than twelve (12) months; (B) the Replacement MRS must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing MRS; (C) Customer submits an order to FSN for the Replacement MRS within ninety (90) days after termination of the Existing MRS and that order is accepted by FSN; (D) Customer reimburses FSN for any and all installation charges that were waived with respect to the Existing MRS; and (E) Customer pays the actual costs incurred by FSN in installing and provisioning the Replacement MRS.
ARTICLE 7 – CONFIDENTIALITY
Both parties agree to maintain confidentiality over all firewall configurations, logs, security incidents, and other sensitive information.
ARTICLE 8. TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS
The technical specifications and performance standards applicable to MRS are set forth in Schedule MRS-1.
SCHEDULE MRS-1
SERVICE DESCRIPTIONS & TECHNICAL SPECIFICATIONS
MRS will be provided in accordance with the service descriptions and technical specifications set forth below. The MRS consists of two components: the Router Service and the Managed Service, each of which is described below:
A. ROUTER SERVICE
The Router (defined below) sits between the Customer Local Area Network (“LAN”) and the Wide Area Network (“WAN”). The Router Service can support connectivity speeds from 1Mbps to 1 Gbps. The Router can support a single connectivity solution, a dual-homed solution, or for an additional charge a high availability solution. The Router has a Layer 3/4 stateful firewall. The stateful firewall performs inspection and keeps track of each connection in the state table.
1. Technical Specifications
The Router Service is a service delivered via a platform that utilizes a service-specific piece of equipment outlined in the Agreement designed and programmed to deliver router services (“Router”).
1.1 Router Service includes a Router that is installed by FSN at an MRS Location. The Router is owned by FSN and loaned to the Customer as part of MRS.
1.2 Router Service supports several routing protocols, including BGP, Static, VRF and IPv4.
1.3 Router Service supports a stateful firewall and access control lists.
1.4 Router Service supports dynamic NAT with PAT, 1:1 NAT, and persistent NAT.
1.5 Router Service supports DSCP-based prioritization and egress traffic shaping and policing for QOS.
2. Technical Support and Maintenance
FSN provides the following Service Level Objectives for MRS, including mean time to respond and mean time to replace.
2.1 Mean Time to Respond
Mean Time to Respond is the average time, measured on a calendar month basis, required for FSN to begin troubleshooting a reported fault. The Mean Time to Respond objective is sixty (60) minutes from the earliest of receipt of a fault notification or from the time a trouble ticket is opened with FSN provided that notification or ticket is received Monday through Friday between 7am and 5pm Eastern Time, national and state holidays excluded.
2.2 Mean Time to Replace
Mean Time to Replace is the average time, measured on a calendar month basis, required to ship a replacement Router to the applicable Service Location. The Mean Time to Replace objective is as stated below for Router failure from the time a trouble ticket is opened with FSN. Replacement Router for:
- On-Net Service Locations will be brought to the MRS Location by the FSN technician replacing the Router.
- Off-Net Service Locations will ship from a central warehouse Monday – Friday (excluding national and state holidays) – 8:00am to 5:00pm, eastern standard time (“Business Days"). Please see the details below.
| Mean Time to Replace a Router | |
|---|---|
| On-Net Services* | - Same day replacement when possible, otherwise first slot next business day |
| Off-Net Services* | - Ships overnight with AM delivery |
*“On-Net Services” and “Off-Net Services” mean geographical locations as defined in the Agreement
- by 2:00pm (EST) on a Business Day, the replacement Router will be shipped on that same Business Day;
- after 2:00pm (EST) on a Business Day, the replacement Router will be shipped on the next Business Day after the receipt of the trouble ticket;
- on a Saturday or Sunday, the replacement Router will be shipped on Monday; and
- on a national or state holiday, replacement Router will be shipped the following Business Day after the holiday.
2.3 Technical Support
FSN provides a toll-free trouble reporting telephone number to reach FSN that operates on a 24x7x365 basis. FSN provides technical support for service-related inquiries on a business day call back basis. Technical support will not offer consulting or advice on issues relating to Customer-Premises Equipment (“CPE”) or other equipment not part of MRS.
Escalation. Service issues are escalated within FSN Support as follows: to a Director at the end of the applicable time interval plus one (1) hour; to a Vice President, applicable time interval plus two (2) hours.
FSN provides certain FSN Equipment, including the Router, for provisioning its services. FSN will retain ownership and management responsibility for this FSN Equipment. FSN Equipment must be used only for delivering Services.
Customer shall bear all expenses incurred, e.g., dispatch/labor costs, where an interruption is found to be the fault of Customer, its end users, agents, representatives, or third-party suppliers, or a failure of utility service or the exceeding of environmental conditions at the Customer location.
3. Customer Responsibilities
Customers have the following responsibilities related to the installation, support, and maintenance of MRS:
- Provide a dry operating environment with temperatures not below fifty-five (55) or above eighty-five (85) degrees Fahrenheit. Humidity shall not exceed ninety (90) percent at eighty-five (85) degrees Fahrenheit.
- Provide a secure space sufficient for access to one 2 U rack slot at each of the Customer facilities, no farther than fifty feet from the Customer switch interface.
- Provide 110-120v AC reliable power protected by a UPS, circuit sizing to be determined.
- Provide access to each location for regular (7am - 5pm) and emergency (24 hour) service and maintenance of FSN’s equipment and facilities.
- Provide a point of contact (POC) for installation, service activation, and maintenance activities, if any.
- Responsible for all HIPPA and PCI-Compliance requirements.
- Customer will have access to all Routers.
- Provide FSN with any changes/updates needed for compliance or ongoing changes that FSN is requested to make.
- Provide accurate information about the network layout and business needs.
- Notify FSN of changes to applications or services that may impact firewall configurations.
- Designate (3) three points of contact for firewall-related communications.
- Maintain and update firewall rules based on security best practices and organizational needs provided by the customer.
- Document all firewall configurations and changes.
- Review and approve firewall change requests promptly.
4. Emergency Blocking
The parties agree that if either party hereto, in its reasonable and sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage.
B. MANAGED SERVICE
FSN will create a custom configuration for the Customer’s Router Service to meet the needs of the Customer’s Local Area Network (“LAN”). Specifically, Managed Service includes the following:
- Managed Onboarding: FSN will sponsor a kick-off call with the Customer to explain the Router delivery process and what is required from the Customer.
- Professional Network Design: Customer will provide detailed information on its LAN and/or Customer's desired configuration specifications to FSN in a manner determined by FSN. FSN will document the technical information into an Initial Config and the Customer will review and either confirm that the Initial Config is correct or provide modifications thereto within five (5) business days of Customer’s receipt of the Initial Config (the “Review Period”). If FSN does not receive a response from Customer to the proposed Initial Config prior to the end of the Review Period, the Initial Config shall be deemed approved. FSN will create the customized configuration for the Router Service, based on the Customer-approved Initial Config.
- Managed Install, Test and Turn-up: When FSN installs the Router, the configuration created for the Customer will be loaded on the equipment and FSN will test the same. Following MRS Commencement Date, FSN will provide Customer with a site birth certificate, which will include service details and test results.
- Network Proactive Monitoring and Management:
- On and after MRS Commencement Date, FSN will proactively monitor the Router’s up status. If the Router creates an alarm, FSN will monitor the alarm for up to fifteen (15) minutes per occurrence. If, within such fifteen (15) minutes, the alarm does not stop, FSN will send an alert to the Customer for specific Router Service impacting alarms and will open an FSN internal ticket.
- FSN DOES NOT PROVIDE MONITORING OF SECURITY EVENTS, ANY SECURITY EVENT MITIGATION, OR ADVICE REGARDING SECURITY ISSUES OR THREATS. Upon request by Customer, FSN will modify the configuration of the Router Service in accordance with specifications provided by Customer to attempt to mitigate security events and security threats identified by Customer. FSN’s sole obligation is to implement the configuration settings requested by the Customer. This MRS is provided on a commercially reasonable efforts basis only and FSN makes no guarantees with respect to the detection or blocking of viruses/worm/malware or any other types of attacks and is not responsible for any such malicious data that may be transmitted over the provided network.
- On-Going Solution Support: FSN will support Customer-requested configuration changes, in accordance with FSN’s then current configuration change policy (the “Configuration Change Policy”) which FSN shall provide to Customer, upon request. Customer acknowledges and agrees that the Configuration Change Policy limits the number of configuration changes that Customer may make with respect to a given Service Location in a given year. After the total allowable configuration changes permitted by the Configuration Change Policy have been exhausted, FSN may invoice the Customer for configuration changes in accordance with the Configuration Change Policy.
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If a FSN vendor develops software updates and/or security patches for such vendor’s Router which FSN uses to provide MRS, FSN will upload such software updates and/or security patches to the applicable equipment to the extent FSN determines, in its sole discretion, that such software updates and/or security patches are necessary. Updates or patches that are viewed as critical may require immediate action and will be considered emergency maintenance as described above. For the avoidance of doubt, FSN shall have no obligation to develop software updates or security patches and its only obligation under this paragraph is to install updates and security patches developed by its applicable vendors to the extent FSN determines, in its sole discretion, that such software updates and/or security patches are necessary.
This Agreement establishes the terms and conditions under which network security measures will be implemented and maintained, ensuring the confidentiality, integrity, and availability of the organization's network and data. -
Configuration Change Pricing:
- Standard Changes: Minor changes, such as adding or removing a single firewall rule shall be charged at a flat rate of $79.57 per change
- Complex Changes: Changes involving multiple rules, NAT configurations, VPN adjustments, or coordination with third parties shall be billed at an hourly rate of $129.99/hour or a flat rate as quoted prior to execution.
- Emergency or After-Hours Changes: Requests outside of normal business hours or with expedited timelines (less than [4] hours’ notice) shall incur a surcharge of [1.5x] the applicable rate.
- Monthly Allotment: Beyond the Initial Config, MRS Customer are entitled to up to two (2) standard changes per month per MRS location at no additional cost. This allotment is pooled between all MRS locations.
All change requests must be submitted through the FSN ticketing system and approved by authorized personnel.
Exclusions
FSN is not responsible for security breaches caused by Customer’s internal users, unapproved configuration changes, or use of unsupported hardware/software.
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