Cloud PBX Master Service Agreement

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1 Clud PBX Master Service Agreement Versin 1.2 Updated 7/1/

2 This Master Service Agreement (this Agreement ) is entered int this day f ( Effective Date ) by and between VOIP Cnnectins LLC ( VOIP Cnnectins ) and Glbal Harvest Fds Limited. ( Custmer ). 1. Terminlgy Custmer: Custmer is party VOIP Cnnectins is entering int Agreement with. Authrized Cntact: Authrized Cntact is a representative authrized by Custmer t request service changes using prcedure utlined herein. Cabinet: Cabinet refers t a physical cabinet in VOIP Cnnectins facility cntaining Custmer Equipment. Circuit: Circuit refers t a path r physical link between tw pints ver which data is passed. Cdewrd: Cdewrd refers t a secure passwrd knwn nly t Authrized cntact and representatives f VOIP Cnnectins. Custmer Netwrk: Custmer Netwrk refers t the entire netwrk Custmer makes available t Remte Users as part f this Service. Custmer Netwrk may include many different physical lcatins and/r physical pieces f Equipment. Custmer Premise: Custmer Premise refers t the physical address (as stated in the Purchase Agreement) where the VOIP Cnnectins has been requested t prvide services. Data: Data refers t any Custmer specific cntent residing n r traversing thrugh the platfrm prviding Service such as , backup data, cnfiguratin files, Custmer wned cntent r files which are held as part f Service t Custmer. Equipment: Equipment refers t all physical gear used r required t deliver Service. Off-gateway: Off-gateway refers t a custmer lcatin t which VOIP Cnnectins cannt currently ffer lcal phne numbers. On-gateway: On-gateway refers t a custmer lcatin t which VOIP Cnnectins can ffer lcal phne numbers. Service: Service refers t the service and/r circuit used t cnnect Custmer Premise t VOIP Cnnectins netwrk. The use f Service in this dcument is specific t the service utlined in this dcument. Use f the term Service in any ther VOIP Cnnectins dcumentatin in n way supersedes the definitins f Service utlined herein. Users: Users refers t the any persn authrized by Custmer t utilize Service. 2

3 Lync: Lync refers t Micrsft Lync 2010, a Unified Messaging prduct frm Micrsft Crp. 2. Service Descriptin 2.1. General Service will be made available t Custmer via ne f the fllwing tw vice channel ptins: Per seat: Vice channels will be made available in a suitable quantity fr each seat f Service. Per channel: Vice channels will be separately defined and cntracted fr by Custmer and Service will be limited by quantity s rdered. (per-channel) 2.2. On-Gateway and Natinal DID Fr Custmer lcatins where VOIP Cnnectins is able t ffer lcal phne numbers thrugh a lcal pint f presence VOIP Cnnectins will prvide Custmer with vice cnnectivity Service between the Custmer Premise identified belw and the Public Switched Telephne (PSTN) netwrk. Service will be delivered in the frm f a dedicated circuit(s) engineered by VOIP Cnnectins which will be dependent upn lcatin, bandwidth and/r Services requested. Service will typically be delivered t Custmer via managed phnes r thrugh Lync clients. Service will be transprted using Vicever-IP (VIP) encapsulatin. Service will be delivered via Vice-ver-Internet Prtcl using CODEC g.729a standards. VOIP Cnnectins will prvide administrative access t Custmer s technical cntact t easily add, change and delete Users n their Clud PBX system and n Lync. VOIP Cnnectins reserves the right t change r enhance features included with Hsted PBX Seats frm time t time. Custmer is expected t perfrm the majrity f all Mves, Adds and Changes (MACs) thrugh use f the nline administrative prtal, https://mypbxmanager.net and using Lync Cntrl Panel. These respnsibilities are described in detail at the end f this Service Agreement. If the VOIP Cnnectins supprt team is cnsulted t perfrm a change that is the respnsibility f the Custmer, a change fee will be assessed. Custmer calls will be ruted via an IP t PSTN gateway managed by VOIP Cnnectins. VOIP Cnnectins will prvide a single lcal phne number per phne Off-Gateway Fr Custmer lcatins where VOIP Cnnectins is unable t ffer lcal phne numbers VOIP Cnnectins will prvide Custmer with vice cnnectivity Service between the Custmer Premise identified belw and the Public Switched Telephne (PSTN) netwrk. Service will be delivered in the frm f a dedicated circuit(s) engineered by VOIP Cnnectins which will be dependent upn lcatin, bandwidth and/r Services requested. Service will typically be delivered t Custmer via managed phnes thrugh Lync clients. Service will be transprted using analg POTS lines. Custmer will be respnsible fr prviding apprpriate number f analg POTS lines fr service. Service will be delivered t Custmer via ne f the fllwing tw ptins: 3

4 POTS lines: Service will be delivered via analg POTS lines terminated int a PSTN-IP gateway device which resides at the Custmer premise. VOIP Cnnectins will prvide administrative access t Custmer s technical cntact t easily add, change and delete Users n their Clud PBX system. VOIP Cnnectins reserves the right t change r enhance features included with Clud PBX Seats frm time t time. Nn-lcal DIDs: Service will be delivered via nn-lcal DIDs prvisined by VOIP Cnnectins. VOIP Cnnectins will prvide administrative access t Custmer s technical cntact t easily add, change and delete Users n their Hsted PBX system. Incming lcal calls t Custmer lcatin may be a lng distance call. Custmer is expected t perfrm the majrity f all Mves, Adds and Changes (MACs) thrugh use f the nline administrative prtal. These respnsibilities are described in detail in the Custmer Requirements sectin within this Service Agreement. If the VOIP Cnnectins supprt team is cnsulted t perfrm a change that is the respnsibility f the Custmer, a change fee will be assessed. Custmer calls will be ruted via an IP t PSTN gateway managed by VOIP Cnnectins. All incming calls t any ff-gateway POTS lines will be directed t the Aut Attendant. Lcal utbund calling fr an ff-gateway will be treated as lng distance and billed at standard VOIP Cnnectins lng distance rates fr the custmers wh are nt n unlimited minutes plan. At its discretin VOIP Cnnectins may prvide the ability t fflad lcal calling via the analg POTS lines terminated int the PSTN-IP gateway device which resides at the Custmer premise. Offlading lcal calling in such a fashin may result in prduct features nt being available r n lnger wrking prperly fr that particular lcatin Calling Service VOIP Cnnectins will prvide access t calling plans as cntracted by Custmer. Lcal: Service includes lcal calling area calls. NOTE: VOIP Cnnectins is nt authrized by the FCC t use this service as a tll bypass mechanism. This capability is included by default with Service and cannt be disabled. Dmestic Outbund Lng Distance: Rate stated n the Purchase Agreement; billed in 18- secnd increments; n runding n a per-call basis. This capability is included by default with Service but can be disabled at the written request f Custmer. Applicable fr Custmers wh are n per minute plan. Dmestic Tll-free Service: Dmestic tll-free r 800 service will be billed mnthly at usage rates described in the Purchase Agreement. Enablement f this capability requires Custmer cntract with VOIP Cnnectins. Internatinal Lng Distance: Internatinal Lng Distance is available based n current rate tables psted n Enablement f this capability requires Custmer cntract with VOIP Cnnectins. 4

5 Internatinal Tll-free Service: Internatinal Tll-free is available based n current rate tables psted n Enablement f this capability requires Custmer cntract with VOIP Cnnectins. Service has minimum requirements that a unique, lcal calling number be maintained in each cuntry t which Service is prvided. Service will be redirected t a dmestic tll-free number that must als be maintained with VOIP Cnnectins. Directry Assistance: Directry assistance is available calls based n current rate tables psted n This capability is included by default with Service and cannt be disabled. Operatr Assistance: Operatr assisted calls are available based n current rate tables psted n This capability is included by default with Service and cannt be disabled Availability Fr the purpse f this sectin alne Availability shall be defined as ability f VOIP Cnnectins t fulfill initial rder fr Service. Once Service has prgressed past installatin phase and has been delivered t Custmer as a wrking Service this sectin shall n lnger apply. The availability f Service is dependent n existence f a suitable netwrk transprt frm VOIP Cnnectins t User(s). Service requires dedicated pint-t-pint netwrk transprt capable f supprting RFC4594- cmpliant QS between Custmer Service lcatin and VOIP Cnnectins. VOIP Cnnectins reserves the right t limit availability f Service even if suitable netwrk transprt exists between VOIP Cnnectins and Users. Service can be prvisined and used ver the Internet with limitatins. Use f Service acrss any netwrk transprt ther than that defined abve shall abslve VOIP Cnnectins f any liability shuld Service be adversely affected. VOIP Cnnectins als reserves the right t limit service availability in the event that necessary service cmpnents including, but nt limited t, electrical pwer, cling capacity, cabling, rack space, switching/ruting/netwrk infrastructure, applicatin sftware, etc. are either unavailable r unattainable at a reasnable cst t VOIP Cnnectins Delivery This sectin intentinally left blank Features Service 911 service is delivered t a Custmer lcatin via VOIP 911 service. Custmer acknwledges that it is their respnsibility t infrm any party using r any party that might use the Service f the difference between traditinal 911 and this service. VOIP 5

6 Cnnectins will nt be respnsible if 911 service is unavailable due t the VOIP Cnnectins prvided equipment being tampered with r lsing pwer. Custmer bears full respnsibility fr testing 911 service after Service installatin and peridically thrughut the duratin f Service and t ntify VOIP Cnnectins if any issues are nted with 911 service. Custmer agrees t cperatively test 911 service and share the results f such testing at the request f VOIP Cnnectins. If VOIP Cnnectins requests testing f 911 service and des nt receive cnfirmatin within ne (1) business week that such testing has been perfrmed then VOIP Cnnectins reserves the right t dispatch a technician t perfrm testing f 911 services and Custmer agrees t be liable fr the cst f such testing. VOIP Cnnectins reserves the right t disable Service if Custmer des nt cperate with 911 testing. Service s disable shall nt apply fr SLA credit nr relieve Custmer f cntractual bligatins f Service. Fr lcatins cntaining less than 40,000 square feet f wrkspace that have their wn street address VOIP Cnnectins will register the street address fr 911 service. Fr lcatins cntaining mre than 40,000 square feet f wrkspace within a single building that have their wn street address VOIP Cnnectins will register the street address and a unique lcatin identifier fr each 40,000 square feet fr 911 service. Fr lcatins cntaining less than 40,000 square feet f wrkspace within multiple buildings that share a street address VOIP Cnnectins will register the street address and a unique lcatin identifier fr each building. VOIP Cnnectins shall register gegraphic lcatin t a single DID. Subject t the limitatins abve all phnes within that gegraphic lcatin must present the DID that has been registered fr 911 service as their caller ID. If Custmer chses t present unique CLID fr phne(s) at lcatin then Custmer shall be respnsible fr prcuring 911 service frm VOIP Cnnectins fr each phne s cnfigured at additinal cst. Custmer acknwledges that physically mving a phne t a different lcatin withut first ntifying VOIP Cnnectins may result in 911 service reflecting an incrrect gegraphic lcatin fr that phne. Custmer agrees nt t hld VOIP Cnnectins liable fr the result f incrrect 911 gegraphic lcatin infrmatin including but nt limited t lack f emergency respnse, incrrect lcatin infrmatin causing first respnders t be delayed, r any ther issue with 911 emergency respnse. Certain features may nt be cmpatible with 911 service. VOIP Cnnectins reserves the right t refuse prvisining r mdificatin f features r service if such prvisining r mdificatin adversely affects 911 service. 6

7 VOIP Cnnectins will prvide either basic 911 r E911 service fr each DID based n the serving rate center specificatin fr that DID as specified by the Nrth American Numbering Plan Assciatin (NANPA). With E911 service, when yu dial 911, the telephne number and registered address is simultaneusly sent t the lcal emergency center assigned t that lcatin, and emergency peratrs have access t the infrmatin they need t send help and call back if necessary. Custmers in lcatins where the emergency center is nt equipped t receive the telephne number and address have basic 911. With basic 911, the lcal emergency peratr answering the call will nt have the call back number r lcatin. VOIP Cnnectins will nt prvide this service t areas where basic 911 r E911 services are nt available. Additinally, VOIP Cnnectins will nt be held respnsible fr any inability fr E911 service peratrs t prperly lcate Custmer due t changes t the calling line ID phne number in the VOIP Cnnectins Management Prtal. VOIP Cnnectins will deliver a 911 call t the emergency center based n the address f recrd fr the calling DID as recrded in the VOIP Cnnectins vice management prtal. The call will be delivered as basic 911 r E911 based n whether the emergency center is able t receive the enhanced infrmatin frm a Vice ver IP system. As additinal lcal emergency centers becme capable f receiving enhanced infrmatin, VOIP Cnnectins will autmatically upgrade Custmer with basic 911 t E911 service. VOIP Cnnectins will nt prvide ntice f the upgrade. VOIP Cnnectins 911 and E911 services are nt cmpatible with a Custmer mving their phne t a lcatin ther than the service address f recrd where the phne was riginally installed r changing their phne number. Fr lcatins with E911 service, the failure f Ge-cding r address validatin, will nt allw VOIP Cnnectins t prcess the errr recrds in real time and VOIP Cnnectins will use cmmercially reasnable effrts t reslve the recrds in errr. There may be instances that will prevent a data integrity unit analyst frm crrecting errrs, causing delays in prvisining the Custmer s data int the 911 systems. The service is predicated n using primary wire-line Public Safety Answering Pint (PSAP) bundaries fr ruting Emergency Calls t the apprpriate PSAP. The primary wire-line bundary infrmatin is cllected and is entered int a database fr real time queries fr PSAP bundary lkup. Custmer acknwledges that primary wire-line PSAP bundary data may nt be available fr the entire United States and that VOIP Cnnectins is dependent n the PSAPs t prvide such infrmatin resulting in the use f wireless PSAP bundary data t rute an Emergency Call. Fr lcatins with basic 911, the service uses wireless PSAP bundaries when a primary wire-line PSAP bundary is nt available. Therefre, the 24x7x365 PSAP telephne number fr a Subscriber Emergency Call may crrespnd t a PSAP ther than the PSAP that wuld nrmally receive wireline Emergency Calls placed frm the Custmer lcatin. Custmer s physical service address and call back number will nt be presented t the PSAP. In the event caller cannt speak, Custmer acknwledges that n infrmatin will be prvided t the PSAP t cntact the Custmer t btain infrmatin 7

8 that culd allw them t dispatch emergency services t caller s lcatin. Each PSAP s internal prcesses will dictate hw the call shuld be handled. Custmer acknwledges that it is pssible that the emergency call may nt be able t be delivered t the PSAP due t netwrk and systems issues utside f VOIP Cnnectins cntrl. In such an event, VOIP Cnnectins will try t deliver Emergency Calls thrugh the PSTN t its Emergency Call Relay Center (ECRC). ECRC persnnel will manually query systems t deliver the Emergency Call t the gegraphically apprpriate PSAP. Additinal fees may apply shuld Custmer want lines ther than the main line t be ruted t the ECRC. In the event caller cannt speak r identify their address, Custmer acknwledges that VOIP Cnnectins has n further ability t assist the caller and Custmer agrees t indemnify and hld harmless VOIP Cnnectins frm all third party claims arising frm such circumstances Mves, Adds and Changes Custmer has the ability t make changes t number f seats and features during the cntract perid. Reductins in services will be effective n the billing cycle fllwing the effective date f the change Limitatins Service has the fllwing limitatins r exceptins: Fax service Service defined as On-Gateway is cmpatible with mst G3 V.17 (14400 baud) and V.29 (9600 baud) fax machines. Service may nt wrk reliably with SuperG3 V.34 fax mdems. VOIP Cnnectins will make reasnable effrts t ensure service wrks reliably with Custmer s existing fax machine. Custmer agrees t set their fax machine t a slwer speed, if VOIP Cnnectins feels necessary. VOIP Cnnectins is nt respnsible fr any integratr csts necessary t make this change. If reliable faxing ver service is deemed unfeasible by either VOIP Cnnectins r by Custmer, then the Custmer will bear full cst f rdering and maintaining a POTS line dedicated t faxing via the lcal RBOC. VOIP Cnnectins will nt be financially liable fr inability t prvide reliable faxing ver this prduct. If VOIP Cnnectins is unable t prvide reliable fax service ver this prduct, VOIP Cnnectins agrees t release Custmer frm cntract liability f the ne seat being used t prvide services t this fax machine. Custmer will cntinue t be liable fr remainder f cntracted services in such a situatin Mdem service Fr Service defined as On-Gateway VOIP Cnnectins will make reasnable effrts t ensure service wrks reliably with Custmer s mdem. If reliable mdem service is deemed unfeasible by either VOIP Cnnectins r by Custmer, then the Custmer will bear full cst f rdering and maintaining a POTS line dedicated t the mdem via the lcal RBOC. VOIP Cnnectins is 8

9 nt respnsible fr any integratr csts necessary t make this change. VOIP Cnnectins will nt be financially liable fr inability t prvide reliable mdem service ver this prduct. If VOIP Cnnectins is unable t prvide reliable mdem service ver this prduct VOIP Cnnectins agrees t release Custmer frm cntract liability f the ne seat being used t prvide services t this mdem. Custmer will cntinue t be liable fr remainder f cntracted services in such a situatin. Business critical systems such as but nt limited t pint-f-sale systems, security systems, medical mnitring systems, r chemical mnitring systems shuld nt be used with this service. 3. Service Optins The fllwing features may be included with Custmer Service. Descriptin f Service feature herein in n way entitles Custmer t feature. Features described belw may have additinal cst assciated with them and may be subject t availability restrictins Manager Prtal The VOIP Cnnectins Manager Prtal allws IT Manager t view call activity and availability fr the grup f Users. The Manager Prtal is easily cnfigured by adding r deleting grup members. All Users, regardless f lcatin, can be mnitred via the Prtal. The VOIP Cnnectins Manager Prtal is fully integrated requiring n additinal equipment Aut Attendant The VOIP Cnnectins Aut Attendant allws incming calls t be directed t emplyees r departments withut the use f a receptinist. Custmized messages direct callers thrugh a menu f ptins. Hurs f peratin can be established with distinct call handling rules fr duringbusiness hurs and after-business hurs. Callers can escape frm the Aut Attendant t the receptinist by dialing 0. The VOIP Cnnectins Aut Attendant is fully integrated requiring n additinal equipment Cnfig, Stage, and Ship VOIP Cnnectins ffers Cnfiguratin, staging and shipping f Custmer Equipment used t terminate Service. Cnfiguratin nly includes cnfiguratin f Equipment t supprt VOIP Cnnectins Service. VOIP Cnnectins reserves the right t bill Custmer at current hurly rates fr cnfiguratin requests that are nt required t prvide Service utlined herein. VOIP Cnnectins reserves the right t bill Custmer fr the shipping charges Direct Inward Dial r DID An individual Direct Inward Dial phne number which is prvided by VOIP Cnnectins r Custmer that VOIP Cnnectins prts fr use with Service. Custmer may wn the DID and may prt away frm VOIP Cnnectins at the end f Service. 9

10 3.5. Equipment Management VOIP Cnnectins ffers management f Custmer Equipment used t terminate Service. Ruter management nly includes cnfiguratin and management f Equipment necessary t supprt VOIP Cnnectins Service. VOIP Cnnectins reserves the right t bill Custmer at current hurly rates fr cnfiguratin requests that are nt required t prvide Service utlined herein Hunt Grup The VOIP Cnnectins Hunt Grup is a vehicle fr distributing call t agents regardless f lcatin. A Hunt Grup is a feature similar t a Call Center in that it allws calls t rll t multiple agents thrugh 5 hunt plicies, but a Hunt Grup des nt allw queuing and statistical reprting Lng Distance As applicable, lng distance minutes will be charged based n rates stated in the Statement f Fees. Calls are billed in 18-secnd increments, n runding n a per call basis. This service will terminate telephne calls received frm the Custmer telephne numbers in t the Public Switched Telephne Netwrk (PSTN). Each call terminated will be measured in six (18) secnd increments fr duratin and charged n a usage basis at a rate specified in the cntract. Calls are assigned a type frm the fllwing list: Intra-State LD Dmestic 48 LD Alaska LD Puert Ric LD U S Virgin Islands LD Internatinal LD Each call type may be specified a different rate as specified in the cntract. Internatinal LD call charged based n a per destinatin cuntry (land-line and mbile) rate Music n Hld The VOIP Cnnectins Music n Hld feature allws any.wav file t be played thrughut the rganizatin when a call is placed n hld. The file can be all music r any cmbinatin f music and script. Multiple files can be created and stred fr uplading t the system. When a.wav file is upladed it becmes immediately available t calls placed n hld. Additinal charges may apply fr using a custmized wav file as Music n hld Stand-alne Vice Mail This is a vic bx nt assciated with a seat. VOIP Cnnectins will prvide Custmer with vic bxes with up t 100 minutes f strage per bx and the ptin t age and hld vice- 10

11 mails fr a certain number f days up t 60 days. administratr and is set at the Custmer level. Vic is cnfigurable by Custmer 4. Service Delivery 4.1. General It is Custmer s respnsibility t ensure that all devices at Custmer Premise are able t cnnect t Equipment and are cnfigured prperly. This includes but is nt limited t Ethernet switches, Ethernet cabling, wrkstatins, servers and perating systems Installatin Standard installatin timeframe fr Service is defined elsewhere in this Service Agreement. Installatin expedites are available with this Service. Installatin expedite requests will be subject t current expedite fees. Expedite requests will als be subject t a pass thrugh f any and all fees billed t VOIP Cnnectins by ther vendrs in the supprt f the expedite request. Expedite requests are serviced in a best effrt manner. VOIP Cnnectins des nt warrant r represent that Service installatin expedites will actually expedite delivery f Service. Custmer shall be subject t any and all expedite fees regardless f the utcme f the expedite request. If additinal cnfiguratin wrk is required due t limitatins f the Custmer systems, including but nt limited t servers, wrkstatins r netwrk, then VOIP Cnnectins reserves the right t bill custmer at current hurly rates fr additinal cnfiguratin time. Except as therwise defined within this agreement VOIP Cnnectins is NOT respnsible fr and will nt be bligated t prvide any assistance in cnfiguratin, installatin, administratin, trubleshting, maintenance, r repair f equipment r sftware, r integratin f equipment r sftware int Custmer s internal netwrk. Such services may be available at additinal cst. Custmer shall be respnsible fr any travel expenses incurred by VOIP Cnnectins in the curse f prviding nsite installatin service Installatin Optins If required VOIP Cnnectins ffers the fllwing prvisining ptins fr Service at additinal charge as described in the Custmer s Service Agreement: Cnfiguratin and Shipment: the remte cnfiguratin f Equipment necessary t terminate Service and shipment f Equipment t Custmer Onsite installatin: the nsite installatin f Equipment necessary t terminate Service, the cnnectin and/r installatin f ne cmputer t the mdem r ruter, and cnfirmatin that the Custmer s cmputer can successfully access the VOIP Cnnectins netwrk via the Service. 11

12 4.4. Service Upgrades & Mdificatins VOIP Cnnectins may use ther carrier netwrks and/r Equipment t prvide Custmer with equivalent Service. VOIP Cnnectins reserves the right t replace Custmer Service with equivalent r upgraded Service at any time during cntract duratin. VOIP Cnnectins will make an effrt t crdinate any such Service change with the Custmer prir t such change. If VOIP Cnnectins is unable t crdinate an acceptable time fr a Service change with the Custmer VOIP Cnnectins reserves the right t make such a Service change during a Scheduled Maintenance windw Service Terminatin VOIP Cnnectins makes n guarantee f Service availability beynd the terminatin date. VOIP Cnnectins shall nt be respnsible fr retaining any f yur Data after terminatin date f Service. Yur Data may be deleted n the day f Service terminatin. VOIP Cnnectins will nt restre, prvide n any strage media r send ut any Data pertaining t terminated Service, unless specifically nted in a custmized service agreement. It is Custmer s respnsibility t backup Data prir t terminatin f Service. 5. Equipment 5.1. Equipment Requirements Custmer is respnsible fr prviding a vice sessin brder cntrller (SBC) r vice firewall t terminate Service. Custmer is respnsible fr prviding VIP phnes fr each end User f Service. In sme cases VOIP Cnnectins will prvide the required Equipment fr Service terminatin. Equipment thus prvided shall be treated under the same terms as Equipment rented thrugh VOIP Cnnectins. VOIP Cnnectins will define Equipment cmpatibility with Service and reserves the right t mdify this list f cmpatible Equipment at any time. VOIP Cnnectins shall be the sle party respnsible fr defining which Equipment is cmpatible with Service Equipment Prcurement Custmer can prcure the required Equipment thrugh ne f the fllwing methds: Purchase thrugh VOIP Cnnectins: Custmer can purchase cmpatible Equipment directly frm VOIP Cnnectins. Custmer shall be sle wner f Equipment and is respnsible fr all lifecycle respnsibilities f Equipment. Additinal terms are set frth in the Custmer s Master Service Agreement. Lease thrugh VOIP Cnnectins: Custmer can lease cmpatible gear thrugh VOIP Cnnectins. Leasing terms and payments will be made thrugh a 3 rd party leasing entity. Custmer must qualify fr this ptin based n terms defined by leasing entity. Custmer shall be sle wner f Equipment and is respnsible fr all lifecycle respnsibilities f Equipment. Additinal terms are set frth in the Custmer s Master Service Agreement. 12

13 Rent thrugh VOIP Cnnectins: Custmer can rent cmpatible gear directly frm VOIP Cnnectins. VOIP Cnnectins will remain sle wner f equipment and will be respnsible fr all lifecycle respnsibilities f Equipment. Additinal terms are set frth in the Custmer s Master Service Agreement. Bring yur wn : Custmer can prvide cmpatible gear t VOIP Cnnectins fr use in terminating Service. VOIP Cnnectins reserves the right t refuse use f such Equipment even if such Equipment meets cmpatibility requirements as defined by VOIP Cnnectins. Custmer shall remain sle wner f Equipment and will remain respnsible fr all lifecycle respnsibilities f Equipment Equipment Cnfiguratin Custmer is respnsible fr all Equipment cnfiguratin changes nt specifically utlined herein. Custmer is respnsible fr any Equipment mdificatins necessary at Custmer Premise t accmmdate Service utlined herein Equipment Lifecycle Unless Custmer has cntracted with VOIP Cnnectins fr Equipment warranty Custmer is respnsible fr any failure f Equipment. VOIP Cnnectins reserves the right t classify previusly supprted Equipment as end f sale r end f life at any time. Equipment classified by VOIP Cnnectins as end-f-sale will n lnger be sld t a Custmer fr Service even if Custmer had previusly purchased that specific Equipment fr same Service. VOIP Cnnectins will make every effrt t cntinue t supprt Equipment classified as end-f-sale fr as lng as pssible. VOIP Cnnectins reserves the right t reclassify f end-f sale Equipment as end-f-life at n less than six (6) mnths after such Equipment has been classified as end-f-sale Equipment. Equipment classified as end-f-life will n lnger be supprted r sld by VOIP Cnnectins. If Custmer has Equipment that has been classified as end-f-life in Service VOIP Cnnectins reserves the right t mandate Custmer upgrade t supprted Equipment at Custmer s expense in rder t prvide Service t Custmer. VOIP Cnnectins des nt relinquish this right even if Equipment was sld t Custmer by VOIP Cnnectins. 6. Service Supprt 6.1. Authrized Cntacts VOIP Cnnectins prvides reliable and secure managed services by requiring technical supprt and infrmatin requests cme nly frm dcumented, authrized client-rganizatin cntacts. Additinally, in cmpliance with federally regulated CPNI (Custmer Prprietary Netwrk Infrmatin) rules, a Custmer cntacting VOIP Cnnectins Slutins t request an add, mve, r change and/r t request infrmatin n their accunt, must prvide VOIP Cnnectins representative with Custmer s Cdewrd. Cdewrd is nt required r verified t pen truble 13

14 tickets related t service issues, hwever, any subsequent infrmatin/updates r authrizatin f intrusive testing related t the truble ticket will require the Cdewrd. Custmer shall prvide a cntact list which will cntain ne ( 1 ) Administrative cntact and may cntain up t three ( 3 ) Technical cntacts per service. Administrative and Technical cntacts are authrized t request service changes r infrmatin, including the cntact name, cntact address and cntact phne number fr each cntact but must prvide Custmer Cdewrd fr any CPNI related requests. Requests t change a cntact n the list r t change the Cdewrd must be submitted by the Administrative cntact. Requests t replace the Administrative cntact shall be submitted via fax t VOIP Cnnectins n Custmer cmpany letterhead. All requests are verified per prcedure belw. Requests fr CPNI, cnfiguratin infrmatin r changes are accepted nly frm dcumented, authrized client-rganizatin cntacts via , fax r phne and will require Custmer s Cdewrd. and fax requests must be submitted withut the Cdewrd. Custmer cntact will be called t verify Cdewrd. requests that include the Cdewrd will be denied and the client Administrative Cntact will be ntified and required t change the Cdewrd. and fax requests are verified with a phne call t the dcumented client cntact. Phne call requests must be validated with an request frm a dcumented client cntact Helpdesk Custmers must cntact VOIP Cnnectins Supprt t reprt service truble r an utage with VOIP Cnnectins Technical Supprt. VOIP Cnnectins Technical Supprt will be available seven (7) days per week; twenty-fur (24) hurs per day; three hundred sixty-five days (365) days per year. VOIP Cnnectins Technical Supprt prvides supprt fr netwrk mnitring, truble ticket reslutin, and fault islatin up t the terminatin pint f VOIP Cnnectins prvided Equipment. VOIP Cnnectins Technical Supprt will accept truble and utage related supprt calls frm any Custmer representative. VOIP Cnnectins will nt perfrm any requested activity which may cause Service disruptin r perfrm any changes t Service unless request is initiated by an Authrized Cntact. VOIP Cnnectins reserves the right t delay respnse n supprt tickets pened by anyne ther than the Authrized Cntact. Cmmunicatin between Custmer and VOIP Cnnectins nt initiated by Authrized Cntact will nt be subject t SLA remedies. All cmmunicatins with Custmer will be in the English language Supprt Limitatins VOIP Cnnectins Technical Supprt is nt respnsible fr end-user supprt f issues nt directly related t Service. This includes (but is nt limited t) Custmer perating systems, Custmer equipment, r Custmer applicatin supprt. 14

15 6.4. Mnitring VOIP Cnnectins will prvide basic mnitring f Service availability and utilizatin. Utilizatin reprting requires web based access t Manager Prtal. Custmer will be able t mnitr the status f devices, real time call prgress and ability t dwnlad Call Data Recrds (CDR). VOIP Cnnectins will prvide ntificatin f Service availability issues. VOIP Cnnectins will prvide 24 x 7 respnse t Custmer r NOC initiated alarms fr Service availability issues. Service usage reprts will be made available at Ntificatins VOIP Cnnectins will ntify Custmer within fifteen (15) minutes f a Service utage via ntificatin Services. VOIP Cnnectins will mnitr cnnectins t the IP address f the Custmer ruter. An utage is defined as any fifteen (15) cnsecutive minutes where the cnnectin is unavailable. If an utage is determined, VOIP Cnnectins will generate an ntificatin t Custmer. Custmer is respnsible fr prviding their wn pager (s), a suitable -pager gateway, and up t tw (2) crrespnding addresses. Custmers are als required t subscribe VOIP Cnnectins twitter t get near real time updates n Service utage Maintenance Custmer is respnsible fr maintaining and updating Authrized Cntact list with VOIP Cnnectins. VOIP Cnnectins will nt be held respnsible fr maintenance ntificatins missed due t ut-f-date Authrized Cntact infrmatin Scheduled Maintenance Maintenance windw fr disruptive wrk t Service will be limited 12:00 A.M. t 4:00 A.M., Eastern Daylight Time (EDT), any day with requirement f ne (1) calendar week ntificatin t Custmer prir t maintenance. VOIP Cnnectins will send an ntificatin f such disruptive maintenance t Service t Authrized Cntacts f Custmer. Once ntificatin is sent t Custmer this will be cnsidered a Scheduled Maintenance. Any Service SLAs will NOT apply during a Scheduled Maintenance Emergency Maintenance VOIP Cnnectins reserves the right t perfrm emergency Service maintenance as needed utside the Scheduled Maintenance windw, in which case VOIP Cnnectins will make a reasnable effrt t ntify the Custmer if feasible under the circumstances. Any such maintenance will be cnsidered an Emergency Maintenance. All Service SLAs will apply during Emergency Maintenance Backup and Recvery VOIP Cnnectins will prvide backups f the Service platfrm fr Disaster Recvery purpses ONLY. VOIP Cnnectins will make its best effrt t recver data within a mean time f fur (4) hurs in a 15

16 disaster scenari. A disaster may be declared by VOIP Cnnectins when Service has been damaged r degraded t such an extent that VOIP Cnnectins can n lnger reasnably prvide Service. Custmer shall nt be able t declare any utage a disaster. Sle respnsibility fr defining an event as a disaster will rest with VOIP Cnnectins alne. In the event that the restratin will impact system stability and/r perfrmance, VOIP Cnnectins reserves the right t mve the restratin t a Scheduled Maintenance windw after business hurs (after 6 PM EST). VOIP Cnnectins is nt liable fr the lss f any Custmer data, nr des it guarantee the recverability f Custmer data that is deleted (accidentally r purpsefully) by Custmer end Users. Additinal fees may apply fr recvery f Custmer specific data and VOIP Cnnectins will wrk n these requests n a best effrt basis Changes VOIP Cnnectins reserves the right t bill Custmer fr Service changes r recnfiguratins requested by Custmer that exceed the scpe f the managed Service r fr Service changes that VOIP Cnnectins must undertake due t changes initiated by the Custmer such as, but nt limited t: Custmer initiated request t mve VOIP Cnnectins equipment t a different physical lcatin Custmer request t cnfigure Service fr their benefit and nt specifically tied t delivery f VOIP Cnnectins service. Fr example: Turning up a prt fr custmer managed gear Activating a feature r functin nt required t deliver Service Enhancing r extending Service fr the sle benefit f Custmer 7. Billing 7.1. Service Activatin Date Billing fr the Service Cmpnent will begin n the Service Activatin Date, as specified belw, fr the specific Service type. The Service Activatin Date is the date (i) Equipment is installed and tested at the Custmer s lcatins, and (ii) IP cnnectivity t VOIP Cnnectins has been established Service Billing This sectin intentinally left blank Additinal Charges and Fees Field Technician Charge (FTC) The FTC is the charge incurred fr each dispatch f a VOIP Cnnectins technician t supprt Service installatin r truble. This fee shall be calculated based n the current hurly rates and 16

17 shall be runded up t the nearest full hur. This fee may be waived at VOIP Cnnectins sle discretin fr Custmers f managed Services if the rt cause fr the dispatch is determined t be the respnsibility f VOIP Cnnectins Missed Appintment Fee Custmer r its authrized representative must be available at the Custmer lcatin fr the scheduled installatin appintment date t grant the Service tech access r t accept delivery f the Equipment, r t wrk with installatin technician t turn up the service. If n ne is available, the Service tech will attempt t cntact Custmer fr minimum f an additinal fifteen (15) minutes befre re-scheduling the appintment. Re-scheduling such missed appintment will incur a Missed Appintment Fee at the current applicable rate. 48 hur ntice is required fr all appintment rescheduling Travel Custmer shall be respnsible fr travel expenses incurred by VOIP Cnnectins during activatin r supprt f Service as fllws: Fr Custmer lcatins in the dmestic US between 30 and 100 miles frm nearest VOIP Cnnectins ffice: Travel time at hurly rates (ffice-t-ffice) fr any vehicular travel utside a 30 mile radius frm nearest VOIP Cnnectins ffice. Fr Custmer lcatins in the dmestic US greater than 100 miles frm the nearest VOIP Cnnectins ffice: All prvisins f travel t Custmer lcatins within 100 mile radius f nearest VOIP Cnnectins ffice; Airplane, bus r train tickets at VOIP Cnnectins cst; Rental car, gas and parking at VOIP Cnnectins cst; Per diem allwance f $40/day (fd); and - Htel/ldging at VOIP Cnnectins cst. Other Custmer lcatins require signed agreement between VOIP Cnnectins and Custmer Minimum Retentin Perid Mves In the event Custmer terminates the Service befre the expiratin f the cntracted perid, due t a mve, then Custmer shall pay the terminatin charges in accrdance with the Custmer s Service Agreement. VOIP Cnnectins will waive the terminatin charges, if Custmer purchases anther Service frm VOIP Cnnectins at a new lcatin, which is f the same r greater value and subscribes t a new minimum cntracted perid f at least twelve (12) mnths. Additinal Equipment charges may apply depending n the type f the new Service that is being purchased by Custmer. If service is nt available at new lcatin, custmer is subject t terminatin charges per the Master Service Agreement. 17

18 8. Custmer Requirements Custmer will be required t maintain cmplex passwrds fr their User accunts where applicable. Fr any such passwrds VOIP Cnnectins will prvide a secure URL that any User can access t change passwrds. All User passwrds are set t a ninety (90) day passwrd expiratin schedule by default. VOIP Cnnectins is nt respnsible fr unexpected use f Services whether by ex-emplyees, cmprmised User passwrds r any ther misuse f Custmer accunts. Custmer shall be respnsible fr all csts incurred by such unexpected use f Service. Custmer shall be fully respnsible fr prviding t VOIP Cnnectins at Custmer s wn expense and in a timely manner the fllwing: All security fr its Services and systems used r accessible in cnnectin with Service; Cperative testing f all Custmer-prvided hardware, sftware, and Services fr cmpatibility with Service; Designating an Authrized Cntact(s) t be the pint f cntact t interface with VOIP Cnnectins Technical Supprt; All cabling necessary t supprt Service; Earth grunding available within 20 feet f Equipment used t terminate Service; An Equipment rm envirnmentally cmpliant with lcal laws and ther envirnmental cnditins as specified by VOIP Cnnectins; reasnable access t the Equipment at times specified by VOIP Cnnectins; adequate wrk space, heating/cling, light, ventilatin, and electrical utlets and fr any Service which requires a telephne line, as detailed in the Service Guide. Custmer shall als arrange prvide timely access t any rights f way, which VOIP Cnnectins deems necessary t prvide, maintain r remve the facilities required fr any f the Services n all applicable premises withut charge r cst t VOIP Cnnectins. Equipment shall nt be remved, relcated, mdified, interfered with, r attached t nn-voip Cnnectins Equipment by Custmer withut prir written authrizatin frm VOIP Cnnectins; Lcal POTS lines matching quantity and ptining defined by VOIP Cnnectins fr ff gateway sites; and Custmer shall be respnsible fr perfrming any mdificatins in service as listed belw. 9. Service Cnditins Custmer acknwledges and understands that dedicated netwrk cnnectins, unless prtected by an Internet security prduct r Service, may significantly decrease Custmers verall netwrk security level and perfrmance. T the extent Custmer deems necessary, Custmer will implement security prcedures and cntrls necessary t limit access t the Service. Custmer will maintain facilities and prcedures external t the Service fr recnstructin f lst r altered files, data r prgrams. Custmer understands that VOIP Cnnectins will make cmmercially reasnable effrts t prvisin Service. Hwever, prvisining f Service is cntingent upn the 18

19 availability f Service capable lcal lps t Custmer s lcatin being made available t VOIP Cnnectins. If n such Service-capable lcal lp is available t VOIP Cnnectins, then Service will nt be prvisined and if delivery f the lcal lp is delayed, then prvisining f Custmer s Service will be delayed as well. Custmer understands that even after the Service circuit is prvisined and peratinal, certain cnditins may impact the quality and use f the line. Envirnmental issues such as quality f the telephne line, interference frm ther Service cnnectins, high frequency surces clse t the telephne line, etc. may deterirate the quality r speed f the Service circuit resulting in reduced thrughput. VOIP Cnnectins will undertake reasnable effrt t restre the riginal quality r speed, but restratin is nt guaranteed and the Service may be deemed technically nt feasible. If the Service circuit is deemed technically nt feasible, the Custmer will be asked t discnnect the circuit at n cst r withut penalty. If the Custmer chses t cntinue t use the circuit, after it is deemed technically nt feasible, Custmer understands that the line will nt be supprted by VOIP Cnnectins frm a maintenance perspective. Custmer acknwledges that in the event f a truble, Custmer is respnsible fr n-site cperative testing with VOIP Cnnectins Technical Supprt t assist in the diagnsis f the truble, including the cst f a 3 rd party vendr if Custmer des nt have internal resurces available. Custmer agrees t be bund t current terms f VOIP Cnnectins Acceptable Use Plicy. Terms f the Acceptable Use Plicy are subject t change withut ntice. Custmer agrees t be bund t any and all versins f VOIP Cnnectins Terms and Cnditins. Current Terms and Cnditins can be fund here: If number prtability is required, Custmer agrees t prvide VOIP Cnnectins with a Letter f Authrizatin (LOA) fr bth a Remte Always Call Frward (RACF) rder and a DID mve. VOIP Cnnectins will place rders fr RACF and DID mve n behalf f Custmer. Failure t prvide LOA will result in delay in installatin. If it is determined in the curse f the installatin that Custmers netwrk is nt up t the apprpriate specificatins fr VOIP Cnnectins t prvide this service Custmer agrees t make any netwrk changes necessary t bring their netwrk int cmpliance. If VOIP Cnnectins perfrms these changes, services will be billable. Custmer acknwledges and understands that the Service is nt a traditinal telephne service. Imprtant distinctins (sme, but nt necessarily all, f which are described in this Agreement) exist between telephne service and the enhanced Service ffering prvided by VOIP Cnnectins. The Service is nt subject t the same regulatry treatment as a traditinal telephne service. This treatment may limit r therwise affect yur rights f redress befre Federal, State r Prvincial telecmmunicatins regulatry agencies. If the Clud PBX service is used in a cuntry ther than the United States, Custmer des s at their wn risk, including risk that such activity vilates lcal laws in the cuntry where service is used. Custmer is liable fr any and all such use f the Service and agrees t indemnify and hld harmless VOIP Cnnectins against any and all liability fr any such use. If the Clud PBX service is delivered t an ff- 19

20 gateway lcatin Custmer acknwledges that they will be slely respnsible fr the POTS lines handling lcal phne service. Sme Clud PBX features r functinality may nt be available with an ff-gateway deplyment. Custmer is respnsible fr payment f any charges incurred due t fraud, abuse, r misuse f the Services, whether knwn r unknwn, t Custmer. It is the Custmer s bligatin t take all measures t ensure against such ccurrences. Custmer is respnsible t prtect all cnfidential infrmatin and remain diligent in enfrcing security measures. VOIP Cnnectins will make every effrt t detect fraudulent calls and cntact Custmer immediately. VOIP Cnnectins will in n way be held liable fr charges, penalty, r damages caused by telecmmunicatins usage f the Custmer s Service. 10. Service Level Agreements and Gals General VOIP Cnnectins will be the sle party t determine whether VOIP Cnnectins has nt met any f the Service Level Agreements (SLA) r Service Gals specified herein. VOIP Cnnectins reserves the right t change r discntinue any r all f the SLAs r Service Gals detailed belw at any time withut ntice t the Custmer SLAs Service Level Agreements (r SLAs) define availability, perfrmance and ther requirements f Service prvisining and delivery. Remedies fr VOIP Cnnectins nt meeting the requirements are als defined. Custmer must at all times cperate with VOIP Cnnectins in testing, determining and verifying that a qualifying Service utage has ccurred Gals Gals define availability, perfrmance and ther bjectives f Service prvisining and delivery. Gals d nt include remedies and failure t meet any Service Gal des nt entitle Custmer t a Service credit SLA Credit Request Prcess and Limitatins In rder t receive any f the SLA credits (specified herein) fr Service, an Authrized Cntact must immediately ntify VOIP Cnnectins Technical Supprt f an ccurrence within the VOIP Cnnectins Service that results in the inability f the Custmer t access Service ( Service Outage ). A Service Outage des nt include an utage that ccurs during Scheduled Maintenance. VOIP Cnnectins Technical Supprt will investigate the reprted utage and assign a Truble Ticket number. Once VOIP Cnnectins determines that the substantiated Service Outage that culd qualify Custmer fr the SLA credit ccurred ( Verifiable Truble Ticket ), then Custmer may request a Service Credit within 30 days after the event giving rise t the credit by cntacting VOIP Cnnectins Technical Supprt and asking fr an SLA credit escalatin. A Verifiable Truble Ticket must accmpany Custmer s request fr any SLA credit regarding the Service purchased by 20

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