Version Date: March 28, 2024
1. General. “Lumen” is defined for purposes of this Service Schedule as Centurylink Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services under this Service Schedule. This Service Schedule is applicable where Customer orders NaaS Port (“NaaS Port”) and is subject to the terms of the Lumen Platform Agreement and this Service Schedule (the “Agreement”). Lumen may subcontract the provision of the Service in whole or part, provided that Lumen remains responsible for the Service to Customer as set forth in this Service Schedule. Capitalized terms used but not defined in this Service Schedule have the definitions given to them in the Agreement.
1.1 Additional General Terms. Service charges are exclusive of taxes and presented without reduction for any Withholding Tax, all of which are the responsibility of the Customer. “Withholding Tax” means any amount or account of tax on sources of income which a payor is obliged to deduct from payments due to a recipient and account for or to any tax authority. In the event that any payment to be made to Lumen under this Service Schedule should be subject to reduction by reason of a Withholding Tax, Customer agrees to pay Lumen such amounts as would have been necessary so that the aggregate net amount received by Lumen after application of a Withholding Tax is the same amount as would have been received by Lumen if there had been no requirement to deduct or withhold such tax.
2. Naas Port.
2.1 Description. Lumen will install a port (“NaaS Port”) that provides an access point to the Lumen network. Ports are available in multiple bandwidths, although certain bandwidth types may not be available for specific locations.
2.2 Billing Commencement. The NaaS Port is connected to the MPOE at a Customer‑designated site at either a circuit location address or a Lumen Point of Presence (PoP) as selected by Customer in NaaS Manager. Lumen will install the NaaS Port to the minimum point of entry (“MPOE”). When the NaaS Port is installed, Lumen will deliver electronic notice to Customer that the port is ready, at which time billing will commence ("Port Ready Date"). Customer is responsible for completing the final connection from the MPOE to the Customer premises. Service availability is dependent upon location. Lumen estimates 3‑5 business days for standard installation, although installation times may vary and are subject to change. Lumen may cancel an Order for any reason prior to installation and in such instance, Customer will not be responsible for Cancellation charges described below. At the conclusion of the Service Term, the port connection will continue on a month‑to‑month basis subject to adjustment by Lumen on 30 days’ notice.
2.2.1 Cancellation Charges. Customer may cancel an Order at any time. If Customer cancels an Order after the Port Ready Date but prior to the conclusion of the Service Term, Customer will pay all out‑of‑pocket costs incurred by Lumen necessary to deliver the NaaS Port.
2.2.2 Inside Cabling. Customer is responsible for extending the connection from the NaaS Port MPOE to the Customer premises. Billing will commence on the Port Ready Date notwithstanding the date Customer actually extends the connection to the Customer equipment and notwithstanding actual usage. When the NaaS Port is ready, Lumen will deliver a detailed inside cabling vendor specification form to assist Customer with extending the connection to the Customer equipment.
3. Customer Responsibilties.
3.1 General Customer Responsibilities. Customer is solely responsible for all equipment and other facilities used in connection with the NaaS Port which are not provided by Lumen. Customer will cooperate with Lumen to enable building access to the extent necessary to facilitate installation of the NaaS Port. Customer is required to provide techincal contact information and local site contact information. Lumen will also request building access contact information from Customer and Customer understands that Lumen may rely on building contact information based on internal Lumen records in order to facilitate building access.
3.2 Data Center Provider Locations. When the NaaS Port is located at the premises of, and/or is controlled by a data center provider, Customer is solely responsible for obtaining from the provider, delivering to Lumen, and maintaining any necessary letters of authorization or permissions to connect the Customer equipment to the NaaS Port and the provider’s services. Customer will separately contract with the provider for its access to the provider. Customer’s contractual relationship with the provider is completely independent from Customer’s contractual relationship with Lumen. Lumen is not a representative or agent of provider, nor is Lumen responsible for provider’s performance of its obligations to Customer, or for provider’s acts or omissions. Lumen is not responsible to maintain, bill, or pay for any service provided to Customer by the provider. Similarly, provider is not responsible to maintain or pay for the NaaS Port.
3.3 Resale Restriction. Notwithstanding anything to the contrary in the Agreement, Customer is prohibited from reselling any NaaS Ports provided under this Service Schedule as a stand‑alone service to a third party without the express written consent of Lumen, provided, however that Customer may bundle any NaaS Ports provided pursuant to this Service Schedule with any other Lumen services (to the extent resale of those service is allowed) or the services of Customer and resell such bundled service to Customer’s subscribers and its customers.
3.4 Business Contact Information. Customer must provide to Lumen the names of and contact information (“Business Contact Information”) for its employees (“Business Contacts”) who have purchasing or other responsibilities relevant to Lumen’s delivery of international Service under this Service Schedule. Customer consents to Lumen’s and its affiliates or subcontractors’ use and transfer to the United States of Business Contact Information for the purpose of: (a) fulfilling its obligations under this Service Schedule; and (b) providing information to Customer about Lumen’s products and services via these Business Contacts. Customer represents that the Business Contact Information is accurate and that each Business Contact has consented to Lumen’s processing of their Business Contact Information for the purposes set forth in this Service Schedule. The Business Contact Information provided by Customer has been collected, processed, and transferred in accordance with applicable laws, including, where applicable, any necessary notification to the relevant data protection authority in the territory in which Customer is established (“Authority”). Customer will notify Lumen promptly of staffing or other changes that affect Lumen’s use of Business Contact Information. Lumen will have in place technical and organizational measures that support a level of security appropriate to the risk represented by the processing and the nature of the Business Contact Information and that is designed to protect such information against accidental or unlawful destruction or accidental loss, alteration, and unauthorized disclosure or access. Lumen will use the information only for the express purposes set forth in this Service Schedule. Lumen will identify a contact authorized to respond to inquiries concerning processing of Business Contact Information and will reasonably cooperate in good faith with Customer and the Authority concerning all such inquiries without excessive delays.
3.5 Additional Disclaimer of Warranty. In addition to any other disclaimers of warranty stated in the Agreement, Lumen makes no warranty, guarantee, or representation, express or implied, that all security threats and vulnerabilities will be detected or that the performance of the Services will render Customer’s systems invulnerable to security breaches. Customer is responsible for Customer’s own network security policy (including applicable firewall and NAT policies) and security response procedures.
3.6 CPNI. Customer’s telecommunications products, services, and features that a Customer subscribes to and the usage of such services, including call detail information appearing in a bill, constitutes Customer Proprietary Network Information (“CPNI”). Customer authorizes Lumen to share CPNI for business operations and to use CPNI to offer Customer other services that it could benefit from. Customer may withdraw its authorization at any time and Lumen will periodically notify Customer of its option to do so.
4. Reserved.