EASYNET CHANNEL PARTNERS LIMITED PARTNER MASTER SERVICES AGREEMENT SIP TRUNKING SERVICE PRODUCT TERMS

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1 EASYNET CHANNEL PARTNERS LIMITED PARTNER MASTER SERVICES AGREEMENT SIP TRUNKING SERVICE PRODUCT TERMS Registered Office at: St James House Oldbury Bracknell RG12 8TH Company No: BMI MSA v1.0 Page 1 of 10

2 The following terms and conditions are additional to those in the General Terms and Conditions (Schedule A) (GTC / GTC s) and shall apply where, pursuant to an End User Order, the Partner orders SIP Trunking Services as further defined and set out in this Product Terms (the Service ). 1. Additional Definitions In this Product Terms the following words shall have the following meanings, and any other capitalised terms which are not defined in this Product Terms shall have the same meanings as in the GTC: Back-up Services - The back-up services described in section 6; Call Channels - The maximum number of contemporaneous in-bound and out-bound calls for which the SIP Trunking Services are set to handle through configuration of the Router; Change Request - A change to the configuration of the Service requested by the Partner which does not require a new Order Form (i.e. is not a new service or a change which affects the Charges); Data Services - The, Ethernet bases DIA and MPLS services provided by Easynet and connected to the Partner Site(s); Demarcation Point - The demarcation point shall be the Router where the SIP Trunking Services are provided by Easynet on a managed basis or the termination point of the access circuit provided by Easynet if the SIP Trunking Service is provided on an access only basis. Designated Support Contact - A designated contact appointed by the Partner pursuant to section 9(g); IP Network - The Easynet Group of companies IP network over which the Service will be routed from time to time excluding any Tail Circuits or local access circuits; Management Reports - Such reports relating to the Services as are provided by Easynet including details of the Partner's usage of the Services, Charges and SLA performance; Number(s) - Numbers allocated to Easynet by OFCOM and which, pursuant to the End User Order, Easynet provides to the Partner as part of the Service; Roll-Out Plan - A plan and timetable for the implementation and delivery of the IP Services; Router - Hardware which selects the path of transmission of IP packets; Service - The SIP Trunking Services and/or Back-up Services (as applicable); SIP Trunk - The number of voice channels configured between the IP PBX and Easynet s soft switch; SIP Trunking Services - The voice over IP services provided by Easynet which facilitate the making of IP voice calls from phones connected to the IP PBX over the IP Network using the appropriate IP card as defined in section 3 (f). The SIP Trunking Services may be provided on an access only ( Access Only ) or managed service ( Managed Service ) basis as is described in more detail in section 4; SLA - The service level commitments set out in section 12; and Software Release - New upgraded software load which provides the SIP capability. This is a major software release and not maintenance. BMI MSA v1.0 Page 2 of 10

3 2. Data Services (d) (e) It is a condition precedent of this Agreement that the Partner shall have entered into an agreement with Easynet for Data Services at the relevant Partner Site(s) and Easynet shall not be obliged to provide the Services unless such an agreement for the Data Services has been completed at (each of) the Partner Site(s) to which it is proposed that the SIP Trunking Services be provisioned. Upon completion of this Agreement, the Initial Term of the agreement for the related Data Services shall be deemed to have been extended to the Initial Term of this Agreement. This Agreement (and the Service provided hereunder) shall terminate upon the termination of the related agreement for Data Services (howsoever arising). The termination of this Agreement shall not affect the then existing term of the Data Services. 3. Partner Obligations Pre-installation (d) (e) The Partner shall ensure that the IP PBX complies with the approved list of IP PBX s and specifications as issued by Easynet from time to time and the Partner shall provide Easynet with all information reasonably requested by Easynet in relation to the IP PBX. If Easynet so requests, the Partner shall provide Easynet or its nominated third party with access to the Partner Site(s) to inspect the IP PBX. The Partner shall provide all reasonable assistance to Easynet and/or its nominated third party in relation to such access and inspection. If Easynet considers, acting reasonably, that the IP PBX does not meet the IP PBX Technical Specifications and notifies the Partner accordingly, the Partner shall promptly carry out such action, at its own cost, so as to upgrade, modify or replace the IP PBX (which may include the modification or upgrading of a IP PBX voice card in order to accommodate the selected signalling interface specification) as is necessary to meet such specifications and shall notify Easynet when the IP PBX has been so upgraded, modified or replaced. The Partner shall ensure that the IP PBX is configured (including all re-programming work) in order to allow the routing of outbound voice traffic and, if selected on the End User Order, also of inbound voice traffic. If, notwithstanding the foregoing, the IP PBX does not meet the approved IP PBX technical specifications, Easynet shall be entitled to: (iii) provide the SIP Trunking Services notwithstanding the defects with the IP PBX, but the SLA set out below shall not apply and Easynet shall have no liability for any nonperformance or functionality issues in any way related to the failure of the IP PBX to meet the IP PBX Technical Specifications; require the Partner to remedy the defects in accordance with section 3; or terminate this Agreement in which case the Partner shall reimburse Easynet for any third party costs and expenses incurred by Easynet or to which it is committed at the point of termination in relation to the provision of the Service together with an administrative charge of 10% (exclusive of VAT) thereon. The Partner shall be responsible for the provisioning of cable required to connect the IP PBX to the Partner s Router and shall present such cable by way of a jack (both the cable and the jack to be appropriate to the Router). BMI MSA v1.0 Page 3 of 10

4 (f) (g) The Partner shall be responsible for the provision of an appropriate IP card (which must be capable of supporting the SIP signalling system with appropriate specific SIP Trunking profile parameters to allow it to communicate with the Easynet Voice over IP switch), configuration and integration of the same within the IP PBX in such a way as to enable the transit of voice traffic. The Partner agrees and acknowledges that Easynet does not provide IP PBX integration and/or configuration as part of the Service, the Service being delivered as described in (e) above. 4. SIP Trunking Services (d) (e) The SIP Trunking Services shall be provided on either an Access Only or Managed Service basis as specified in the End User Order. Where the Partner purchases the SIP Trunking Services on an Access Only basis, the following shall apply: (iii) The Partner shall be responsible for the provision, installation, configuration and maintenance of a Router in each case of a make and model approved by Easynet in writing. Easynet shall provide the Partner with a list of approved Router models; Easynet shall facilitate the use of the Data Services and the IP Network for in-bound and outbound voice calls by the Partner in accordance with this Schedule; and Easynet shall not have any responsibility for or liability in relation to the Router, IP PBX or any links between such equipment or otherwise on the Partner side of the Demarcation Point. Where the Partner purchases the SIP Trunking Services on a Managed Service basis, the following shall apply: (iii) Easynet shall provide, install, configure (including, without limitation, the Call Channel configuration in accordance with the Partner's instructions) and maintain the Router; Easynet shall facilitate the use of the Data Services and the IP Network for in-bound and outbound voice calls by the Partner in accordance with this Schedule; and Easynet shall not have any responsibility for or liability in relation to the IP PBX or any links between the Partner facing port of the Router and the IP PBX. The Router shall be located at the Partner Site and the Partner shall provide at its own cost the power required to operate such equipment and a secure and appropriate environment to host such equipment. Easynet shall make available directory information relating to the Partner to BT and other service providers for publication in directories and inclusion in directory enquiry services. If the Partner elects for its number to be treated as 'ex-directory', Easynet shall notify BT of its election although the Partner acknowledges that this would not prevent prior disclosures or publications of such directory information. 5. Access to Emergency Services (calls to 999/112 etc.) The Partner acknowledges that: the Service will not function in the event of a power failure and that such failure will prevent any calls being made, including those to any emergency services; BMI MSA v1.0 Page 4 of 10

5 the ability of emergency organisations and emergency call centres to identify the location of a call from a Partner Site depends (in the event that a caller is unable to convey the information orally) on the accuracy of the address and postcode of the Partner Site provided by the Partner to Easynet and by Easynet to the emergency centre database; and The Partner agrees to communicate this clearly to all of its users, making it a condition of their use of the Service, with an instruction that emergency calls should, if possible, be made from alternative equipment. 6. Back-up Services The Back-up Services consist of the provision of a secondary router and data service where the data link between the Router and the IP Network is unavailable. No service level or commitment is given in relation to the Back-up Services (and, for the avoidance of doubt, the SLA shall not apply to the Back-up Services). 7. Numbers As specified in the End User Order, Easynet shall either allocate the Numbers to the Partner or facilitate the porting of the Partner s numbers to Easynet. Any Numbers allocated to the Partner may only be used in connection with the Service. The Partner agrees that the Numbers are allocated to (and held by) Easynet by OFCOM or are provided by other third party provider s for use by Easynet and shall comply with all reasonable instructions issued by Easynet in relation to their use. The Partner acknowledges that some number ranges may not be supported by Easynet and may not be used in connection with the Service. The Partner's ability to port numbers supported by Easynet is subject to the availability of a porting agreement between Easynet and the previous or current number range holder for the transfer of such numbers. The porting of any Partner numbers to Easynet is subject to additional Charges as set out in the End User Order. 8. Charges and Billing Easynet shall be entitled to invoice the Partner for, and the Partner shall pay, the Charges for the Service and Back-up Services as of the (respective) Service Commencement Dates (where applicable) for each such service as set out in the End User Order. Charges due in respect of calls made via the Services shall be calculated in accordance with the IP voice tariff signed and/or submitted to the Partner as part of this Agreement (the IP Voice Usage Plan ), such charges to be Usage Charges. The Partner shall be liable for all Usage Charges howsoever incurred and acknowledges that Usage Charges are payable for calls by users to other Easynet subscribers. Usage Charges shall be shown on the relevant invoice on an itemised basis. The IP Voice Usage Plan shall be deemed part of this Schedule for the purposes of interpretation of Agreement under the GTC. 9. Partner Obligations The Partner shall be solely responsible for: maintaining adequate voice communications services at each Partner Site from its existing service provider until the Service Commencement Date has been achieved in relation to such site; BMI MSA v1.0 Page 5 of 10

6 (d) (e) (f) (g) (h) the provision and maintenance of the IP PBX and related systems (including, without limitation, error handling, changing cards and routing configuration); the integration and configuration of the IP PBX and related systems with the Service (including, without limitation, the connection of the IP PBX to the Router); the provision of appropriate technical expertise, knowledge and resources (including any required cabling) sufficient to integrate and configure its IP PBX systems, applications and interfaces with the Service; notifying Easynet of the number of Call Channels required by the Partner as of the Service Commencement Date (on a per Partner Site basis as the case may be) and notifying Easynet of any changes required to the number of Call Channels in accordance with section 12(f) of this Product Terms, subject in both cases to the maximum number of Call Channels set out in the End User Order; maintaining at its own cost and expense such back-up facilities for voice telephony as it considers appropriate. It is recommended that the Partner maintains one voice line rental with another operator for these purposes, in particular in relation to its ability to access the emergency services; appointing a designated individual to have day to day management of all issues relating to the Service, including error reporting and tracking, SLA and billing issues (the Designated Support Contact ); The Partner shall maintain the confidentiality of, and shall keep secret and protected from access by third parties (subject to any provision of the same to the Users for which the Partner shall remain wholly responsible), its logins, passwords and other confidential information relating to its use of the Service and its access to the extranet referred to in section 10 below (the Access Information ). The Partner shall be responsible for amending and/or updating its Access Information in the event of loss of or notification to unauthorised third parties of the Access Information. Easynet shall have no liability for any action that it may take in response to the provision of correct Access Information; providing Easynet with at least three (3) month s prior written notice of its intention to upgrade the IP PBX with a new Software Release and shall provide to Easynet, upon request, a copy of the manufacturer s Software Release notes. The Partner is advised not to install any Software Release without the prior written approval of Easynet and Easynet accepts no liability for any problems experienced with SIP Trunking Service resulting from the installation by the Partner of the Software Release without seeking Easynet s written approval in accordance with this section 9 ; 10. Easynet Obligations Easynet shall use reasonable endeavours to: implement the agreed Call Channel configuration and any other agreed configuration required on the Router if provided as part of a managed service by the Service Commencement Date provided that the Partner promptly and accurately completes the Technical Capture Form which will be sent to the Partner shortly after completion of the End User Order and/or promptly and accurately supplies such technical data to Easynet s technical support team upon request. Any subsequent configuration changes required by the Partner should be submitted as a Change Request (as defined in section 12) in accordance with section 12 or through a new Order Form if the change required results in a change to the Charges for the Services; BMI MSA v1.0 Page 6 of 10

7 monitor the provision of the Service and to provide the Service in accordance with the SLA; and provide the Partner's Designated Support Contact with access to an extranet hosting the Management Reports. 11. Maintenance Easynet reserves the right to perform any routine or scheduled maintenance that may limit or suspend the availability of the Service and shall provide reasonable prior notice of any such maintenance. Easynet also reserves the right to perform any emergency maintenance that may limit or suspend the availability of the Service and shall use reasonable endeavours to provide prior notice to the Partner provided that, where Easynet is unable to provide prior notice, it shall provide such notice as soon as reasonably practicable after the commencement of such maintenance. Any suspension in the availability of the Service pursuant to this section 11 shall not be deemed to be a breach by Easynet of any of its obligations under this Agreement. Easynet shall use reasonable endeavours to ensure that maintenance is carried out with minimum disruption to the Partner. 12. Service Levels ( SLA ) This SLA is in addition to the service levels provided in respect of the Data Services pursuant to the Data Services agreement. Subject to the terms and conditions of this section Error! Reference source not found., Easynet shall provide the Partner with the SLA in relation to the Service. In providing support for the Service, Easynet will only deal with the Partner s Designated Support Contact and will not provide support directly to users. Service Availability (d) The target availability for the Easynet VoIP switch is % (excluding maintenance windows). The service is considered available if the systems are capable of connecting an inbound and outbound call. In the event that there is a Critical fault and our service level falls below this availability figure for a continuous period of 60 minutes or more, the Partner may request a service credit of 10% of the monthly licence fee for the individual SIP Trunking service which is affected for each hour of service that does not meet this service level. The rebate is capped at 50% of the monthly service fee (excluding any variable charges) Critical Fault Definition: means the condition that exists when the customer is unable to make and receive calls. Characterized by complete failure of the Service and requires immediate resolution or correction. A critical defect is characterised by either: Total service outage; The service is severely affected such that the Partner is unable to make or receive PSTN calls. BMI MSA v1.0 Page 7 of 10

8 Interruption to service as a result of the following causes will not be included in calculating service availability for the VoIP switch: Outages resulting from customer operating error Power failures and other environmental factors outside of Easynet or its suppliers control Any scheduled down-time i.e. planned outages or customer requested downtime Failure or faults due to customer s LAN or WAN, cabling or environment Partial failures of the application e.g. a particular problem with single extensions or a problem such that the majority of extensions are able to continue processing calls as normal. A Force Majeure event Service misuse contrary to the terms of this Agreement Any fault that is not reported to Easynet Any reported period of non-availability where Easynet can find no fault. (e) Service restore time The target service restore time for the VoIP switch is as follows: Service affecting faults (Critical Fault): 6 Hours (f) Change Requests Each Change Request will be processed as follows: Task Implementation of a Change Request Action Within 2 Business Days of Validation of a Change Request Validation of the Change Request shall mean notifying the Partner that Easynet either: agrees with that Change Request (which is then a successfully validated Change Request); or does not agree with the Change Request and advising the Partner of the potential risks relating to that Change Request of which Easynet is aware (which is then a queried Change Request ). For any queried Change Request, Easynet shall not proceed with implementation of such Change Request unless: (aa) (bb) The Change Request is practicable in Easynet opinion; and the Partner, after receipt of notice from Easynet of the potential risks associated with that Change Request, affirms in writing to Easynet to implement the Change Request, in which case Easynet shall agree timescales for implementation with the Partner. Easynet shall have no liability to the Partner, any User or otherwise in respect of any implemented queried Change Request, any related Services or the effect of implementation of BMI MSA v1.0 Page 8 of 10

9 such queried Change Request on the Services or other services provided by Easynet. In the event of a queried Change Request, the Partner may engage Easynet to provide consultancy services in relation thereto, in which case Easynet and the Partner shall agree the scope of such consultancy, which shall be subject to additional charges determined on a time and materials basis. (iii) (iv) Any Change Requests that need to be implemented at a scheduled time (outside of working hours) require prior agreement of Easynet and may incur an additional charge. For the purposes of this Service Schedule, a working hour shall mean an hour between 9am and 5pm on a Business Day. (g) (h) Response Time Easynet s goal is to respond to the Partner within 30 minutes or less after receiving notification from the Partner that the Services are unavailable. Easynet will contact the Designated Support Contact pursuant to an agreed upon method, provided that the Partner provides Easynet with a valid telephone number, pager number, fax number and/or address. The Partner is solely responsible for providing accurate and up to date contact information for the Designated Support Contact. This contact method shall be used only for SLA issues, all other notifications shall be made in accordance with the GTC. Credits, Procedure and Limitations The provisions of this SLA, including the applicability of Service credits contemplated above, are subject to the following conditions and limitations: In no event shall the aggregate monetary amount of service credits accrued in respect of any calendar month exceed 50% of the monthly service fee due for the Service in respect of that calendar month (excluding any variable charges); Easynet shall not be liable (by way of service credits or otherwise) for failures to meet any part of this SLA that: (aa) (bb) are caused by any act, omission or default of the Partner (including, in particular; a breach of the Partner s obligations in relation to the CPE set out in the GTC s in relation to any goods supplied by Easynet and used as part of the Service) or of any third party or which occur during any period of time within any cure period of a notice served by Easynet under the termination provisions within the GTC s or of any termination notice served under this Agreement or during any period of suspension in accordance with this Agreement; and/or are due to a failure of power or equipment or any other component provided by the Partner or others, including any provider of a Tail Circuit to Easynet for, by or on behalf of the Partner; are due to a failure of power or equipment provided by the Partner (including the LAN) or others, including any provider of a Tail Circuit to Easynet for, by or on behalf of the Partner (in which case, Easynet shall use reasonable endeavours to co-ordinate with such provider to cure the failure as quickly as possible); BMI MSA v1.0 Page 9 of 10

10 (cc) (dd) (ee) (ff) (gg) (hh) occur during any period in which Easynet is not given access to the Partner Site(s); occur due to an event that falls within the force majeure provisions of the GTC; occur in relation to any home or mobile users; are due to scheduled maintenance and repair carried out in accordance with section 12; are due to implementation of a queried Change Request; faults or delays in providing the Service, which have been reported by the Partner, but have not been verified by Easynet or which are not capable of verification; or due to the Service being provided over a MAXStream Circuit. BMI MSA v1.0 Page 10 of 10

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