Wholesale, Partner and Rebill Additional Terms and Conditions of  Service

Wholesale, Partner and Rebill Additional Terms and Conditions of Service

TERMS & CONDITIONS FOR WHOLESALERS, BILLING AGENTS AND PARTNERS

General Terms

1. A CUSTOMER who is a ‘RESELLER’ is a company or person who simply ‘RESELLS’ a Frontier Networks (Frontier) Managed services design. In this case Frontier would have input into the customer design and equipment and delivery used in the creation, deployment and ongoing support of the end user.

a) A ‘resale’ link in this case is a link and router professionally installed by Frontier’s staff or recognized subcontractor and that is managed via the Frontier Network Operating Centre’s (NOC) monitoring and support tools.

b) A CUSTOMER  who is a ‘WHOLESALER’ is a company (not a person) who will ‘buy’, ‘mark-up’, and ‘sell’ a stand-alone or series of stand-alone links. In many cases these ‘wholesalers’ will provide their own modem or router.

c) A ‘wholesale’ link in this case is a link that is often sold without a router and / or a modem. These devises and their configuration would be the responsibility of the wholesaler.

d) An ‘AGENT’ is a company or person who recommends Frontier Networks Managed services design. In this case Frontier would have absolute input into the customer design and equipment and delivery used in the creation, deployment and ongoing support of the end user.

e) A ‘BILLING REPRESENTATIVE’ is a company who provides a re-bill on behalf of Frontier Networks for our Managed services design.

2. Billing, Collection and Commercial Terms

a. Commercial terms between FRONTIER and our RESELLERS, WHOLESALERS or AGENTS are identified on the following link HERE: https://hellofrontiernetworks.com/msa/

b. Commercial terms between us will include the reasonable notice periods identified on Section 3 Compensation in our Master Services Agreement located HERE: https://hellofrontiernetworks.com/msa/. These commercial terms provide the required clarity when contrasting against the CRTC rules and regulations that apply to FRONTIER but no necessarily to the RESELLERS, WHOLESALERS or AGENT.

c. Any Billing charge invoiced which does not agree with your records must be reported within 90 days of this statement date. Frontier has no obligation to provide reconciliation outside of 90 days as outlined.

d. Our main agreement between Frontier Networks “Frontier” and you “Customer” is located HERE: https://hellofrontiernetworks.com/msa/. This agreement (Section 17) Under Assignment prohibits a CUSTOMER who is either a WHOLESALER OR RESELLER from selling our collective end user client without our prior written consent. This is here to protect all of our interests including the underlying user of our services including limiting the blind assignment to a non-authorized party.

e. Although rare, occasionally a vendor’s tech will miss an appointment and it will be re-booked. Frontier Networks will make every effort to ensure the wholesaler is informed of this as soon as we are made aware by the vendor.

f. If it is essential to recognize that a Notice Period as outlined in Section 3 Compensation exists for the following reasons:

(Item 1) Our agreement is private as we are extending not only our Terms and Obligations between us and the underlying carrier but also represents expenses such as:

• One time charges
• Deferred charges
• Compensation charges
• Capacity charges (costs assumed by us for you)
• Billing charges
• Cancellation fees  (example: Rogers Disconnect fee of $ 5 + Frontier service fee of $ 5)

(Item 2) FRONTIER requires notice periods to accommodate back end charges and network considerations that impact FRONTIER commercial arrangements including capacity charges, network planning etc., and as such, requires NOTICE PERIODS outlined in our Master Services Agreement located HERE: https://hellofrontiernetworks.com/msa/.

3. Limitations of services provided

a. Frontier provides Internet access. Providing Internet access means making use of shared network resources: the Internet is all about aggregating traffic on shared links, and processing it through shared routing resources.

b. All TPIA services are provided on a “best effort” basis and are not governed by a Frontier Service Level Objective in any way.

4. Confidentiality

a. If is important to understand that our agents, partners and wholesalers are strictly limited to identify Frontier as the service offering. We are prohibited in using our vendor’s name when marketing our services. Any statement made that outlines the originating vendor is strictly prohibited except in the following circumstances.

i. When scheduling an installation when it is obvious that a technician is being dispatched from the originating vendor and it is deemed necessary to disclose this.

ii. When a public Tariff announcement is made that impacts our and your commercial agreement. This would include announcements or filings made by either Frontier or the Originating Vendor that are part of the public record including CRTC.

5. Disclosures

Your agreement is strictly with Frontier and not with our direct originating vendors. You are not permitted to discuss, market or reference brand name and trademarks of our originating vendors with exception to items indicated in points i and ii under Confidentiality above.

6. What limitations exist with TPIA Services?

Bell Canada
Has indicated that its wholesale network access is not currently subject to any traffic management policies.

Cogeco
Has indicated that its wholesale network access is subject to deep packet inspection with the single purpose of managing peer-to-peer applications. Content analysis is restricted to traffic classification only for traffic management purposes on upstream traffic. No content records are maintained. No Internet traffic management measures are applied in the downstream direction.

Rogers
Has indicated that its retail network access is subject to what Rogers describes as “a variety of network management techniques. These techniques have evolved as the Internet has changed” to limit spam, viruses and other security threats. We believe that the same network management techniques are applied to Rogers’ wholesale network access.

Shaw
Has indicated that its network access is subject to Internet traffic management practices that reduce, to 80 Kbps per end-user, upstream bandwidth allotted to “P2P applications completing non-real-time file transfer activity” within serving area nodes experiencing “upstream congestion”. These management practices are “not applied to downstream data transfer, real-time interactive or time-sensitive Internet applications.”

Telus
Has indicated that its retail network access is subject to Internet traffic management in some areas where demand exceeds available network capacity. When they identify congestion in these areas, Telus will redistribute network capacity across all users by temporarily reducing the speed of the few heavy users. This is intended to provide better speeds to the majority of other customers.

Videotron
Has indicated that its wholesale network access is, at speeds of 120 Mbps speeds or higher, subject to upload measures that Videotron has explained are to prevent users from congesting shared “upload channels” serving a few dozen modems. Every 15 minutes, a system checks the usage rate for each upload channel. If the usage rate has reached a threshold beyond which congestion is imminent, the system identifies the 120 Mbps and 200 Mbps modems on that channel that have uploaded a statistically significant amount of data. Uploading from these modems is then momentarily given lower priority. Depending on the severity and duration of the congestion, uploading speed may be slowed for these modems. When the amount of data uploaded by the modem is diminished or the transmission of data goes back to a rate that does not cause congestion, uploading will return to its usual priority.

Eastlink
We have no indication at this time on performance conditions that may impact the user experience.

7. Installation Windows

You are required to understand that a telco or cable company provided installation window is generic. In some cases we are given an 1/2 day window whereas in some cases we are given a full day window.

a) In a business environment this usually works out since there are people the company location typically between business hours. In a residential environment this is not always the case. If the tech shows up during the window provided and if the site contact is not available we all must be prepared for a potential charge back. Ultimately it is the customer’s one job to be there during this installation window.

b) Although rare, occasionally a vendor’s tech will miss an appointment and it will be re-booked. Frontier Networks will make every effort to ensure the wholesaler is informed of this as soon as we are made aware by the vendor.

c) If the first installation is unsuccessful and a revisit is required Frontier Networks is not in any way liable. This is outlined in our Master Services Agreement. Any lost time or inconvenience is most unfortunate, and we will do what ever we can and anything we can to reduce the inconvenience but at no time are we ultimately responsible for these delays and you agree to hold us harmless. You also have no claim through us to the Underlying Provider of Tariffed services that are being resold to you.

8. Other Generic Comments about Residential Grade Services

a. Let’s start with bandwidth. No matter how much bandwidth we provision, unusual network events like a new Netflix release or a major new download can and, in many cases, will congest it. For a business customer we would ourselves take consideration to this point and would provision the type of circuit carefully. For example we would use a dedicated Fibre or EoC product over a TPIA product. We simply have more control of one type of network vs. the other. These controls are simply not available to us on all platforms.

b. At our end we will continue to do our best to make sure that there is no congestion at all but no matter what we do, unusual events or behavior may cause congestion – and we are working to ensure that, in those circumstances, user experience and user costs are affected as little as possible.

c. What things are different between a TPIA service and other circuits that we provide?

d. It is common for many of the upstream TPIA providers to block ports 25 and 53. These are typically associated with network attacks. That means it will be difficult for you to operate an outbound mail server or a domain name server from behind a residential Internet access subscription. However, if you have a specific requirement requiring that these ports be maintained open, please contact us. In this case there are two options:

e. First- we provide a Cisco Router with DVPN Support. DVPM or Dynamic Multipoint VPN provides for Secure Communications between Branch Offices. In this case we actually use it to create a tunnel between our customer site and our central security devices. Under a VPN we can re-allocate the port 25 and 53 to work effectively. Secondly – we could route Port 25 traffic to our spam filter.

f. As a ‘reseller’ Frontier would have incorporated this into our design considerations and would have quoted the equipment required to do this. As a “Wholesaler” it is generally assumed that you have the ability and understanding to accommodate this into your own design and it is ultimately your responsibility, not ours, to understand how Tariffed Telecommunication products work including their limitations.

g. There are instances with certain providers where the Tariff does not allow Servers to be placed behind certain network types. It is important to understand the corresponding Tariff’s to ensure compliance to these. If compliance is not achieved Frontier does reserve the right to terminate services pursuant to our rights and obligation to our provider.

9. Tariffs

a) It is important for you know that your agreement with us also extends with it your obligations to protect and hold FRONTIER harmless against any complaint with our primary providers.

b) They have issued tariffs that are outlined below. These tariffs are subject to revision from time to time. It is important that you are aware that the terms and operating procedures contained within them are also your responsibility to adhere to.

Cogeco Cable
https://www.cogeco.ca/corpo/ccc/en/legal/regulatory-affairs/

Shaw
https://www.shaw.ca/legal/terms-of-use/

Eastlink
https://www.eastlink.ca/about/termsandconditions.aspx

Rogers
https://www.rogers.com/cms/pdf/en/crtc/Access-Services-Tariff.pdf

Bell Canada
http://www.bce.ca/aboutbce/regulatory/tariffs/bellcanada

Telus
https://www.telus.com/en/about/policies-and-disclosures/tariffs

Bell Canada – MTS
http://www.bce.ca/aboutbce/regulatory/tariffs/bellmts/details/tariff/24001

Bell Canada – Aliant
http://www.bce.ca/aboutbce/regulatory/tariffs/bellaliant

10. Acceptable Usage Policy (AUP) – Tariffed Services

The Acceptable Usage Policy (AUP) for Services provided under this agreement are located HERE. https://hellofrontiernetworks.com/aup/ and it outlines the Prohibited Uses of Frontier’s Network, Products and Services.

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