NextiraOne, LLC d/b/a Black Box Network Services

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1 NextiraOne, LLC d/b/a Black Box Network Services Black Box Network Services Additional Terms and Conditions Managed Services ( Additional Terms ) applicable to furnishing of equipment and services within the U.S. operating territory of NextiraOne, LLC d/b/a Black Box Network Services and its subsidiaries 1.0 PRODUCT AND SERVICES 1.1 Product Description. In addition to the General Terms and Conditions set forth at ( ) ( General Terms ), these Additional Terms for Managed Services, as identified herein, set forth the supplementary legal rights and obligations governing Customer orders for the purchase of Black Box Network Services Managed Services. 1.2 Black Box Network Services Managed Services. Black Box Network Services provides Managed Services in the following areas: Configuration Management, Fault Management, Performance Management and Security Management. These Managed Services offerings are described in the Customer selected Service Plans posted at ( ) Planning and Design. Planning and Design consists of the following service offerings: VoiceScan This Managed Service provides a review of all security settings based on Black Box Network Services defined best practices but it does not guarantee that fraudulent use or exploitation of a specific vulnerability will not occur Voice Audit This Managed Service provides an audit and documentation service for Nortel Networks Meridian PBX, Succession CSE 1000 and voic systems. This Service does not provide configuration information for other peripheral applications attached to the identified products Configuration Management. Configuration Management consists of the following service offerings: VoiceGuard This Managed Service option provides scheduled configuration backup of the Customer s telephony platform and will provide delivery of the most recent backup to facilitate restoration of the telephony system configuration but cannot guarantee that all changes will be reflected in the restored configuration. This Service does not include reconstruction of the affected system Customer Technical Assistance This Managed Service provides an escalation point to which a customer help desk and/or telephony system administrator may escalate telephony application usage questions. This Service is not intended to be delivered to Customer s End Users. This Service is based upon a rate of consumption basis which will be subject to quarterly review NetVision Performance and Configuration This Managed Service produces reports and implements changes as directed by the Customer. While Black Box Network Services has detailed technical experience with the supported products and will make every effort to ensure changes do not impact System operation, Black Box Network Services makes no guarantee that Customer directed changes will deliver expected results Managed Software Update This Managed Service provides quarterly Software updates to maintain the Customer System at the latest vendor provided Software release level. Customer must provide Black Box Network Services a copy of the Customer s internal change control policy for compliance purposes. Customer must also have the appropriate vendor Software support plan.

2 Configuration Backup/Restore This Managed Service option provides scheduled backup of system configuration files and will provide delivery of the most recent backup to facilitate restoration of an application configuration but cannot guarantee full user data recovery. This Service does not include reconstruction of the affected System Fault Management. Fault Management consists of the following service offerings: NetVision Fault Management This Managed Service provides proactive monitoring, problem isolation, resolution, and escalation, if required, for communications systems but does not provide any guaranty that service disruptions will not occur NetVision Alarm Notification This Managed Service provides proactive monitoring and electronic Customer notification of specific communications system events but does not provide any problem isolation, resolution, escalation, or confirmation that any notification has been received NetVision Remote Diagnostics This Managed Service provides proactive monitoring, problem isolation, electronic notification, and human notification for communications systems but does not provide and actual repair activities which are the responsibility of the notified party Designated Technical Engineer This Managed Service provides a primary and secondary engineer to whom all support requests are directed. Requests for support continue to be coordinated through Black Box Network Services call receipt team. If agreed service level commitments become at risk due to non-availability of the designated resources, an alternative resource may be engaged to deliver the required support TAC Serve This Managed Service provides a non-maintenance Customer with vendor certified technicians with direct 800 number access to Black Box Network Services engineers resident in the Technical Assistance Center. The Service is limited to twelve (12) calls per a twelve (12) month period and all calls must be placed by a properly certified technician. Escalation to the product vendor will be provided only if the Customer has an appropriate support contract in place. A separate agreement will be required for each technology supported. This Service does not guarantee that the identified issue will be resolved TAC Direct This Managed Service provides a maintenance Customer with vendor certified technicians with direct 800 number access to Black Box Network Services engineers resident in the Technical Assistance Center. The service is limited to twentyfive (25) calls per a twelve (12) month period and all calls must be placed by a properly certified technician Performance Management. Performance Management consists of the following service offerings: Traffic Study This Managed Service provides a one-time snapshot view of the voice system performance, console performance, and trunking adequacy for the telephony or messaging system. This Service does not guarantee that the System will always perform without disruption or the installation of additional capacity NetVision Performance Management This Managed Service monitors and generates reports for network elements and interfaces to the local and wide area networks. This Service provides defined responses to specific performance events but does not guarantee that service congestion will be prevented Managed Security. Managed Security consists of the following service offerings: Managed Firewall Solution This Managed Service provides Fault Management of the Firewall technology and optionally provides analysis of penetration attempts and recommended rules enhancement. Firewall technology in itself is not foolproof and no firewall technology provides an absolute deterrent or barrier to unauthorized entry. This Managed Service does not guarantee that a penetration will not occur.

3 Managed Intrusion Detection Solution This Managed Service provides Fault Management of the Intrusion Detection technology and optionally provides signature file updates and analysis of intrusion logs to enhance protection of the network. This Managed Service does not guarantee that an intrusion will not occur or that all intrusion attempts will be detected Managed Virtual Private Network ( VPN ) Help Desk This Managed Service provides 7 x 24 end user support for Customer networks. Customer must provide authentication service. In addition, Customers who do not select the Managed Firewall Solution with its VPN acknowledge and understand that World Wide Web ( www ) access may result in unsecured access to the Customer s company network Managed Vulnerability Protection This Managed Service provides recurring analysis of select known system vulnerabilities to identify targeted systems that might be exploited by known threats. This Service identifies the vulnerability but does not guarantee that a vulnerability will not be exploited, nor does it guaranty that a new threat will be avoided Network Vulnerability Scan This Managed Service provides a snapshot analysis of select known system vulnerabilities and documents those that are identified to exist. This Service does not guaranty that a new threat will be created nor does it guarantee that implementation of recommended remedial actions will prevent any future exploitation Managed Anti-Virus Update This Managed Service provides a private network based location from which supported telephony servers on customer networks may retrieve the latest signature files. The anti-virus update procedures followed are consistent with current service specifications provided by the product vendors. Black Box Network Services does not guarantee that a virus-induced problem will not occur nor does Black Box Network Services guarantee that the vendor defined specifications will fail safe Penetration Testing Penetration testing is a snapshot view of whether or not target system are adequately configured to prevent unauthorized access. This Managed Service does not guarantee that unauthorized access will be prevented in the future Consolidated Services. Consolidated Services packages consist of the following: ConvergenceCare This Managed Service provides basic NetVision Fault Management Service for Internet Protocol based telephony systems as well as selectable Managed Services. The level of support delivered is specifically subject to the options selected by the Customer. While Black Box Network Services makes every effort to ensure telephony services are not disrupted, this Service does not guarantee that disruptions will not occur nor does it guarantee the quality of the transported voice communications Contact Center Care This Managed Service provides basic NetVision Fault Management Service for server based contact center systems as well as selected Managed Services. The level of support delivered is specifically subject to the options selected by the Customer. While Black Box Network Services makes every effort to ensure operations disruptions do not occur, this Service does not guarantee that disruptions will not occur nor does it guarantee the performance of the application. 2.0 DEFINITIONS 2.1 Capitalized terms not otherwise defined herein shall have the meaning given them in the General Terms and selected Service Plans. 3.0 LIMITED WARRANTIES FOR MANAGED SERVICES 3.1 BLACK BOX NETWORK SERVICES WARRANTS THAT INSTALLATION OF SYSTEMS WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER AND SHALL BE LIMITED TO THE CORRECTION OF ANY SERVICES FOR WHICH BLACK BOX NETWORK SERVICES RECEIVES WRITTEN NOTICE OF NONCONFORMANCE HEREUNDER WITHIN THIRTY (30) DAYS FOLLOWING THE DATE OF COMPLETION OF THE SERVICES. THE WARRANTY EXCLUSIONS SET FORTH IN THE GENERAL TERMS SHALL BE APPLICABLE HERETO.

4 3.2 THE WARRANTIES PROVIDED BY THIS SECTION 3 ARE IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACK BOX NETWORK SERVICES DISCLAIMS ANY WARRANTY OF SECURITY, TO PREVENT UNAUTHORIZED USE OF, OR INTRUSION INTO THE SYSTEM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND TOLL FRAUD OR COMPUTER VIRUSES OR THAT THE SERVICES OR NETWORK TRANSPORT WILL BE UNINTERRUPTED OR ERROR FREE. 3.3 Black Box Network Services makes no warranty that the Managed Services will be uninterrupted or error-free. Customer acknowledges, and agrees to inform its end users, that the Managed Services are not a guaranty against malicious code, deleterious routines, and other techniques and tools employed by computer hackers and other third parties to create security exposures. BLACK BOX NETWORK SERVICES MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT ALL SECURITY THREATS AND VULNERABILITIES WILL BE DETECTED OR THAT THE SERVICES WILL RENDER A CUSTOMER S OR END USER S NETWORK AND COMPUTER SYSTEMS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. 3.4 Black Box Network Services shall have no liability for any warranty provided by the manufacturer to Customer and any such Equipment and/or Software claims will be passed through to the manufacturer. 4.0 MANAGED SERVICES TERM 4.1 For Managed Services Requiring Persistent Access Only. Where the parties require data network connectivity through a persistent network connection, whether Virtual Private Network ( VPN ) or carrier provided point-to-point connection, and seek to insure security of the persistent connection and all information and data to which either party may have access, each party shall use reasonable commercial efforts to provide the other party Access (as defined herein) to the systems via a persistent connection twenty-four (24) hours a day, seven (7) days per week. Access to the systems may be provided directly or through any third party service provider ( Provider ) with which either party may contract. The parties further acknowledge that any rights or licenses associated with such Provider shall be directly between such Provider and the applicable party. Each party shall be responsible for the costs of any Provider with which it contracts, unless specifically set forth herein. Each party shall be liable for the acts or omissions of its Provider during the course of systems Access; provided, that if both parties use the same Provider to effect such Access, the initiating party shall be liable for the acts or omissions of such Provider as to such Access. Systems Access is to be used only for the purposes outlined in this Agreement or as otherwise mutually agreed to in writing by the parties. Each of Black Box Network Services and Customer s users who Access the systems assume personal responsibility for appropriate use and agrees to comply with this Agreement and any other applicable policies and guidelines, as well as applicable city, state and federal laws and regulations. For the purposes of this provision, the term Access shall mean to use, instruct, communicate with, store data in, receive or intercept data from or otherwise utilize any services of the other party s system. 5.0 MANAGED SERVICES TERM 5.1 Black Box Network Services will provide Managed Services for the term defined on an executed Order Form and in accordance with the terms of the applicable Service Plan. 6.0 LIMITATION OF LIAB ILITY 6.1 Customer understands that, should it make any changes to its firewall or VPN equipment or Managed Services outside the scope of the selected Managed Services Service Plan(s), that such changes may result in a lower level of security and may allow unsecured access to its network. In the event of any such change(s), Customer acknowledges and agrees that it shall assume all risks and liabilities associated with or resulting from any such change(s).

5 6.2 CUSTOMER ACKNOWLEDGES THAT DATA TRANSMISSION SECURITY SERVICES SUCH AS THOSE PROVIDED UNDER THIS AGREEMENT ARE NOT FOOLPROOF AND, THEREFORE, ARE NOT GUARANTEED. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT, NEITHER BLACK BOX NETWORK SERVICES NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO DATA) RELATING TO OR ARISING FROM THE USE OF THE MANAGED SERVICES PROVIDED HEREUNDER.

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