VII. Access, Facility & Equipment Requirements
1. Customer Demarcation Point
The Customer demarcation point for Services is a standard location where all external wiring feeds, terminates and connects with the Customer owned inside wiring. Execulink Telecom is not responsible for any equipment beyond the Demarcation Point, save and except for Execulink Telecom Customer Premise Equipment (CPE) device.
2. Access Requirements
a) The Customer shall obtain and grant to Execulink Telecom, its employees, agents, contractors and subcontractors, access to service sites at any reasonable and agreed upon hour for the purpose of providing requested Services to the Demarcation point, including installation, maintenance and removal of Execulink Telecom equipment and/or facilities.
b)While every reasonable effort is made to avoid Service interruptions, Execulink Telecom at times, may interrupt the Customer's Services at any time for any duration of time, without any notice or liability, where required in order to install or port telephone numbers from any previous choice of local telephone company, inspect, repair, replace or perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.
c) In the event that Execulink Telecom requires access to Customer premises to restore Services in the event of a service interruption, the Customer agrees to provide immediate access at no charge to Execulink Telecom. Upon request, Execulink Telecom employees must show valid identification prior to entering Customer premises.
3. Customer Provided Facility Requirements
The Customer shall grant to Execulink Telecom the right to install such equipment and/or facilities as are necessary to provide the Services, and to permit performance of the Services. In order to enable Execulink Telecom to provide the Services, (including installation, maintenance and removal), the Customer shall provide or cause to be provided, at each service site at no cost to Execulink Telecom and in a timely manner, the following:
a) Adequate space for equipment, including access to the service site for the installation of such equipment, and for the operation and maintenance of the Services. The location of any equipment to be installed outside of the Demarcation Point at Premises shall be determined by Execulink Telecom in consultation with the Customer.
b) Electrical outlets and conditioned electrical power required at Premises, and payment for the consumption thereof in connection with the installation, operation and maintenance of the Services.
c) The Customer is responsible for supplying, where necessary all hardware and wiring at or beyond the Demarcation Point, including any computer hardware, cable, wiring, switching equipment or amplifiers required to interface the particular Services with the Customer's communication equipment at each Customer Premises as provided in the Agreement and the Customer is responsible for making such interface connections to the Customer's own equipment.
d) On-site contacts and the telephone numbers at the site by which Execulink Telecom will be able to contact the Customer by telephone in accordance with the Agreement.
4. Documentation Requirements
The Customer shall furnish to Execulink Telecom any necessary documentation required to grant Execulink Telecom the legal right to locate its equipment at a site including free and uninterrupted access thereto (subject to the Customer's internal requirements), as well as any necessary documentation acknowledging that the equipment is the property of Execulink Telecom.
5. Execulink Telecom Network, Service Facilities & Equipment
a) Except where otherwise stipulated by special agreement, and subject to availability of Services, Execulink Telecom will furnish and install equipment and facilities required to deliver and activate the Services to the Demarcation Point, including rental equipment (if any).
b) Notwithstanding that rental equipment or facilities (i.e. a router or other device) are located on a site provided by the Customer, Execulink Telecom shall be the sole and exclusive owner of wiring, hardware, equipment or facilities provided by Execulink Telecom, unless such equipment or facilities are purchased or provisioned by the Customer, all equipment will remain the property of Execulink Telecom. Certain Services and fees, such as High-speed Internet Services, as described in the Customer order or Agreement, include the cost of a router or other device as rental equipment and all applicable taxes.
c) Such equipment or facilities shall remain the property of Execulink Telecom, and shall not by reason of the attachment, installation or connection of any part thereof to any realty become or be deemed a fixture to such realty, nor be pledged as part of collateral to any third party and the Customer hereby grants a security interest in any and all of Execulink Telecom equipment and facilities.
d) In order to evidence Execulink Telecom ownership and security interest in the Execulink Telecom equipment and facilities, Execulink Telecom shall be entitled to at its sole discretion and the Customer hereby grants permission, to register a notice of security interest under the Personal Property Security Act (Ontario) within the applicable government registry. The term of the registration shall be consistent with the Term of the Agreement.
e) Execulink Telecom, at its sole option, may either abandon or remove any Execulink Telecom equipment or facilities located at a Customer site upon the termination of the Services, but shall not be obligated to remove it.
f) The Customer shall maintain all equipment, including rental equipment, in good working order, reasonable wear and tear from normal use excepted. The Customer shall bear all risk of loss or damages, whatsoever to Execulink Telecom equipment, including rental equipment, while in Customer's possession, including, but not limited to, damages or losses incurred as a result of theft, loss, electrical surges, water, and fire, tampering or upset. Execulink Telecom reserves the right and by acceptance of these terms, Customer authorizes Execulink Telecom to charge the Customer all costs relating to the repair or replacement of damaged or lost equipment on the Customer's invoice, and if required, deducted from a security deposit, or automatically charged to a pre-authorized account.
g)If the Customer fails to pay the costs of loss, repair or damage which are invoiced by Execulink Telecom as set out above by the due date shown on the invoice or communication, Services may be disconnected and all steps will be taken to enforce collection of amounts owing. The Customer remains liable for all other charges irrespective of the reason for cancellation of the Services.
h) Execulink Telecom shall be responsible for, and bear the expense of,
ordinary maintenance and repairs of its own equipment or facilities necessary
to provide the Services, and will arrange routine scheduled maintenance
in advance with the Customer.
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