BUSINESS TRUNKING TERMS & CONDITIONS

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1 BUSINESS TRUNKING TERMS & CONDITIONS This Agreement commences on the day of, 20. In this Agreement, the terms You and Your / the Customer will be used to refer to [ ] (the Customer and the terms FLOW, We, Us and Our will be used to refer to Cable & Wireless Jamaica Limited, hereinafter referred to as FLOW. This is the agreement between You and Us for the provision of the FLOW Business Trunking Service (hereinafter referred to as the Service : 1. The Service 1.1 The Service provides the ability to place voice calls from Jamaica to domestic and international destinations and to receive voice calls within Jamaica from domestic or international destinations through the Customer s PBX system using an Internet Access Device (IAD and any FLOW Business Class High Speed Internet Access service or Dedicated Internet Access service (or the equivalent with an Ethernet connection. 1.2 It is acknowledged and agreed that the service operates with Business Class High Speed Internet Access and that the Customer is responsible for obtaining and keeping in good working order High Speed Internet Access or Dedicated Internet Access (DIA service with a minimum bandwidth of 1.5Mbps 1.3 The quality of the Service is subject to the quality of the Business Class High-Speed Internet Access or Dedicated Internet Access service used by the Customer. FLOW does not guarantee fault-free performance of the Service. 1.4 FLOW does not provide High-Speed Internet Access or Dedicated Internet Access services under this Agreement. 1.5 FLOW does not provide PBX equipment or services or associated instruments under this Agreement. 1.6 The Service is provided for the exclusive use of the Customer and shall not be resold or used for resale of any form of telecommunications service. Non-observance of this restriction shall be grounds for immediate termination of the Service. 1.7 The Customer has no proprietary or other interest in any telephone numbers assigned by FLOW and FLOW shall have the right to change any such telephone numbers from time to time. 1.8 FLOW does not accept responsibility for any interference to the Service as a result of any activity outside of the control of FLOW. The Customer agrees and acknowledges that the service will not be available under the following circumstances: a. Where there is an electrical power outage; b. Where the Customer s High-Speed Internet Access service is down as a result of disconnection or otherwise; c. The Service may not work behind some firewalls; Business Trunking Terms & Conditions 1

2 d. Network congestion or use of data services at the same time as the Service may affect sound quality; e. The service may not work as a result of interference caused by some other appliance, equipment or signal over which FLOW has no reasonable control; f. For the avoidance of doubt, where the Customer s High Speed Internet service or Dedicated Internet Access is provided by a provider other than FLOW, the Service will not work if the provision of the Service is blocked by that provider. 1.9 The Customer acknowledges that this Service is not intended to be, and shall not be used as a primary line for special access calls (whether local international, emergency or otherwise. Where the Customer utilizes another service provider (other than FLOW for its fixed line service, that service provider is responsible for providing access to emergency and other special access services. For the avoidance of doubt 119 Emergency dialing is not accessible to Customers of this Service The IAD is equipped with Personal Identification Number (PIN capability for added security. This feature may be activated at the request of the customer and FLOW recommends the use of this feature to enhance the security of the Service. The Customer is responsible for ensuring that the security PIN is changed on receipt of the IAD, and in any situation in which the Customer has reason to believe that the PIN has been compromised in any way The Customer accepts and acknowledges that the security of the IAD (both the physical device and the use of the Service are the responsibility of the Customer FLOW does not provide Customer Call Accounting services for the Customer PBX under this Agreement. The Customer is solely responsible for call accounting and for investigation relating to the use of the system Notwithstanding the foregoing, FLOW reserves the right to investigate where it appears that there has been or may be fraudulent use of the Service and to take whatever action it deems necessary in the circumstances, including but not limited to disconnection of the Service. 2. Installation FLOW will install the IAD at the Customer s premises and will conduct Customer Acceptance testing. 3. Term and Termination 3.1 The Term of this Agreement begins on the Service Start Date. The Service is provided from month to month unless otherwise stated. The Service Start Date shall be the date on which Customer Acceptance testing of the installed IAD is completed. The initial service period shall be TWO (2 years commencing on the Service Commencement Date 3.2 Either party may terminate this Agreement at any time by giving the other party not less than 30 days prior written notice of its intention to terminate. 3.3 The Customer may withdraw an application for Service at any time before the Service Start Date. The Customer shall be responsible for any costs incurred by FLOW as a result of the commencement of FLOW s processing of the Customer s request for service. Business Trunking Terms & Conditions 2

3 4. Disconnection 4.1 For the avoidance of doubt FLOW may disconnect the service if : a. The Customer fails to pay any charge by the final date; b. The Customer uses FLOW s High Speed Internet Access and/or fixed line service and fails to pay any or a part of the bill for these service; c. The Customer is indebted to FLOW on any other account (including but not limited to mobile, fixed line or high speed internet service; d. The Customer is using the service or any other Service or facility in violation of the law, or to defraud FLOW, or to resell telecommunications service, or in contravention of any restriction imposed by FLOW; 5. Equipment and Apparatus 5.1 The Customer must purchase from FLOW the IAD(s required for the provision of the Service by FLOW. Each IAD is equipped with an AC Power Adaptor. All other interfacing equipment and/or cable(s must be provided by the Customer. For the purposes of the IAD, necessary interfacing equipment includes but is not limited to Ethernet Cable(s. 5.2 Customers shall use an ADSL, DIA, Cable or other High-Speed Service with an Ethernet port. The IAD is not compatible with USB connections. 5.3 The IAD is the Customer s property, and the Customer must keep it safe and in good condition Without prejudice to the generality of the foregoing and for the avoidance of doubt: a. It is the Customer s responsibility to use a power guard or UPS for all equipment to protect against damage from electrical surges or outages; b. The Customer is responsible for storing and using the IAD in an appropriate environment. By way of example only, the IAD must be kept dry and away from rain, pipes and other sources of water. c. The Customer is responsible for reporting stolen units to FLOW and the Police. d. The Customer is not authorized not tamper with the equipment or to break any seal that may be affixed thereto e. The Customer is not authorized to make changes to the static IP address or configuration settings that are provided with the service by FLOW. 5.4 In the event of any loss or theft of or damage to the IAD, whether as a result of failure to comply with clause of this Agreement or otherwise, the Customer will be required to pay a replacement fee for the lost, stolen or damaged IAD. 5.5 The Customer is responsible for the security and proper use all account information, passwords, PINs and any other means of access to the Service. FLOW will not be responsible for: a. Unauthorized calls made using the Service. The Customer will be required to pay charges associated with all calls made using the Service provided to the Customer. b. Unauthorized use of/access to the Customer s call record details and changes made using their online account. The Customer must keep all account information safe Business Trunking Terms & Conditions 3

4 and avoid disclosure of passwords and other confidential information to unauthorized personnel. 5.6 FLOW does not accept responsibility for network or other service failures where the telephone service or High Speed Internet access is provided by another service provider and is not obligated to provide any rebates or remedies for loss of the Service due to such service failures. Where disruption of the Service is as a result of failure in a network, telephone or other service provided by FLOW, the Customer may be compensated in accordance with the Agreement for the provision of that prerequisite service. No additional compensation or rebate will be paid under this Agreement in that event. 5.7 FLOW does not warrant the equipment in any manner. FLOW will however, transfer to the Customer (to the extent permitted by an Equipment supplier a warranty period of twelve (12 months. 6. Rates and Charges 6.1 The Customer subscribes to the package described on the Customer Package Outline attached to this Agreement. The package is subject to a one-time activation fee and a monthly charge. Where indicated, usage charges may also apply. FLOW reserves the right to vary the package or place restrictions on telephone features at any time without notice to the Customer. 6.2 The Customer is responsible for the payment of all charges for the Service, including but not limited to one-time charges and recurring monthly charges. 6.3 All bills rendered to the Customer must be paid in full on or before the final date shown on the bill at any designated collection point or by any designated electronic means of payment. Non-payment of bills by the final date will lead to the Customer being suspended and/or disconnected from access to the service. 6.4 The Customer must notify FLOW of any contested charge prior to the final date of the bill on which such charge appears. Uncontested charges in the same bill shall be paid on or before the final date. If, after investigation, it is established to the satisfaction of FLOW that the whole or any part of the contested charge is legitimate, then the Customer must pay the legitimate charge on or before the final date shown on the next bill. 6.5 Unless otherwise indicated, all international calls are billed on a per-second basis, and all domestic calls are billed on a per minute basis. FLOW reserves the right to change the billing increment at any time. 6.6 The Customer accepts that the monthly charges are independent of usage and the customer is obliged to pay monthly charges. The Billing Period shall be thirty (30 days. The Billing Period shall commence on the date of the first Billing Cycle after the Service Start Date. 6.7 Customers who subscribe to the Call Forwarding/Voic on loss of IP feature, which allows for calls to be received or routed to a voic service in the event of disruption of the Service, have the option of having their incoming calls forwarded to another phone. Where this is done, a forwarding charge will apply. Business Trunking Terms & Conditions 4

5 6.8 Rates are subject to the then applicable General Consumption Tax (GCT. 6.9 All charges are payable in Jamaican dollars and are subject to change without notice based on prevailing exchange rates Usage charges are billed for calls made to destinations not included in the subscribed Package. Calls forwarded outside of the PBX to which the IAD is connected will incur the usage charge applicable to calls to that destination FLOW reserves the right to require Customers to pay a deposit. This deposit is subject to change based on changes in FLOW s credit policy. 7. Miscellaneous 7.1 The Customer agrees not to resell the Service or to use the Service outside of its intended use, including but not limited to illegal bypass activities. FLOW reserves the right to immediately suspend or terminate the Service, if FLOW determines, at its sole discretion, that the Customer is not using the Service for its intended purpose. 7.2 The Customer may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of FLOW. 7.3 The Customer may only use the Service from the address for which the Service was ordered. If the Customer s business is to be relocated, the Customer should contact FLOW in order to facilitate the movement of the Service to a new address. 7.4 FLOW may operate the equipment for the sole purpose of testing, troubleshooting and inspection. 7.5 The Customer indemnifies and holds FLOW harmless against the following: a. Claims for libel, slander or infringement of copyright arising from material transmitted or recorded over its facilities. b. Claims for infringement of patent arising from combining with or using in connection with facilities of FLOW any apparatus, technology or system by the Customer c. Acts or omissions or poor service quality of other service providers. 7.6 Notwithstanding anything contained herein, FLOW shall not be liable for non-performance or unavailability of the service if same is due to or contributed to by any cause beyond the reasonable control of FLOW including but not limited to acts of God, strike, labour disturbance and the act or omission of any other telecommunications carrier or service provider. 7.7 In the event that FLOW incurs any liability to the Customer (whether due to negligence or otherwise, arising out of or in connection with the Service, the liability of FLOW shall be limited to the amount of the pro-rata monthly access charge during the period that the service was affected. In no event shall FLOW be liable to the Customer or his employee, agents, clients, or any third party for: a. Any delay or incidental, general or consequential damages arising out of, or in connection with, FLOW s failure to perform under this Agreement; or Business Trunking Terms & Conditions 5

6 b. Death or personal injury or damage to the Customer s property arising out of or in connection with the service or the installation, repair or maintenance of the system. 7.8 FLOW makes no representation and gives no warranties, except to the extent expressly set forth herein. 7.9 If any provision of this Agreement is invalid or unenforceable, it shall be severed from this agreement and the balance of this Agreement shall be unaffected and shall remain enforceable FLOW reserves the right to modify or amend this Agreement by changing any of the terms hereof or by introducing new terms. Any such modification shall be notified to the Customer by a notice sent to the Customer s billing address. If the Customer continues to use the service after receipt of such notice, then he/she is deemed to have accepted such modification. 8. Governing Law This Agreement shall be governed by and interpreted in accordance with laws of Jamaica. The Customer acknowledges that he/she has read this Agreement and agrees to the terms of this Agreement and all of the referenced documents. IN WITNESS WHEREOF the parties have hereunto placed their hands on seals on the day and date hereinbefore written. Signed on behalf of FLOW by DATE In the presence of: Signed on behalf of by DATE In the presence of: Business Trunking Terms & Conditions 6

7 Business Trunking Terms & Conditions 7

8 SCHEDULE 1: The table below outlines the cost to activate the Business VoIP for the Customer. Please note that figures are quoted in US Dollars and do NOT include GCT. DETAILS One time activation, set up and PBX configuration* Voice Access Terminal Adaptor* 12,000 bundled minutes TOTAL Total Monthly Quantity Unit Cost Total One Time Recurring *The one-time activation fee of US$[ ] plus the Voice Access Terminal Adaptor fee of US$[ ] is due in full upon completion of the installation. Business Trunking Terms & Conditions 8

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