IEC Hosted Voice Products and Services and subject to the following Terms and Conditions
The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to all IEC Services from IEC including all optional features and related services, hereafter referred to as “Services,” as provided to a customer of IEC, hereafter referred to as “Customer.”
SECTION 1: PAYMENTS AND CHARGES
The Customer’s Initial Payment for the Service will be due upon the processing of the Customer’s order and may include a Deposit amount equal to 50% of all One Time Charges, which may include Hardware, Software, Installation and Setup Fees. This Deposit will be due prior to the Order being processed. The Service Start Date is the date Services have been provisioned and are available for the Customers use. Any costs for new features, equipment, or services added to the Service between the receipt of the Deposit and the Customer’s Service Start Date will be billed on the most current available billing cycle and be due upon receipt. On subsequent monthly intervals after the Service Start Date, the Customer will be charged the ongoing monthly charges, the cost of any overflow long distance used during the previous month, the monthly rental for any hardware being rented, not already included in the Service, and for any international calls not included in the calling plan. The first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
SECTION 1.1: UNLIMITED SERVICES
Included in the calling plans are calls to the Continental U.S., AK, CA and HI. Once the allotted long-distance minutes are used, each long-distance call will be charged at $.06 per minute. Minutes are pooled across all lines in the Service (number of lines x allotted minutes = total pool of long distance). Each line has unlimited local calling, it is the Customer’s responsibility to know if all calls are considered local by the local carrier as calls with a metro area may be considered toll call. Such local long-distance calls would be charged against the available pool of long distance minutes. Unlimited Long-Distance plans are capped at 250,000 minutes per account. Accounts that exceed this amount may be charged the overage rate of $.06 per minute for every minute over 250,000 minutes in a monthly billing cycle.
SECTION 1.2: TOLL CHARGES
Calls to an international phone number or a phone number that is outside of the Continental U.S., AK, CA and HI States will be charged usage fees associated with the IEC International Rate Plan. The duration of each call is to be calculated in 6 second increments and rounded up to the nearest six second increment for any fraction of seconds used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When Customer dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by a Customer to an International mobile, rather than landline or premium rate telephone number may result in higher toll charges.
SECTION 1.3: FRAUD
Customer agrees to notify IEC promptly if it becomes aware of any fraudulent or unauthorized use of its account, Service, or Equipment. IEC shall not be liable for any damages whatsoever resulting from fraudulent or unauthorized use of Customer’s account or Services and the payment of all charges to
Customer’s account shall be and remain the responsibility of Customer.
SECTION 1.4: REFUND POLICY
At the time of service discontinuance with Indiana Electronics & Communications including cancellation of services prior to service activation, any amount due the customer in the form of a refund will be determined after the final billing cycle has completed and charges have posted to the account. This is to ensure all charges due such as but not limited to, long distance toll charges, collect call charges, third party billed charges, Operator service charges, directory assistance charges, telephone line charges, DSL charges, calling feature charges, etc…, are collected from the account prior to the distribution of any refund. A refund may be generated as the result of a deposit no longer needed on the account or should the account have a balance due the customer. All refunds will be processed by check, usually within 30 calendar days from the time of the final billing cycle completion. If a payment error has occurred either by the customer or via credit card, the refund may be processed to the credit card account number. For further information on Indiana Electronics & Communications’ Refund Policy, please contact our Accounting Department at 574-254-5500.
SECTION 2: ADDITIONAL CHARGES AND PRICE CHANGES
Calls from payphones to any of the Customer’s toll-free numbers may carry a surcharge per call, mandated by the FCC, which is passed on to the Customer at cost. All prices are subject to change based upon actual usage and profitability. Customers will be notified in writing of any price changes. Continued use of the Service following notice of the price changes will constitute the Customer’s consent to such changes.
SECTION 2.1: TAXES AND REGULATORY FEES
Unless otherwise stated in the Order Confirmation Form, Customer shall be responsible for all sales, use, value added, withholding or other taxes or duties, other than IEC income taxes, with respect to the Services ordered. In addition to any taxes imposed by governments or regulatory agencies, IEC reserves the right to charge other authorized regulatory fees, including, without limitation, E911 service fees, universal service fees, and regulatory recovery fees (“Fees”). Any imposition, modification or increases in Fees by a government or regulatory agency or that are intended to recover costs associated with government or regulatory programs shall become effective without notice.
SECTION 2.2: HARDWARE TITLE AND OWNERSHIP
Unless specifically indicated on the Order Confirmation, any hardware or software provided to the Customer at no cost or reduced cost from list price remains the property of IEC until the end of the Service Term. Any fees for hardware below list are considered a Right to Use fee and does not constitute transfer of ownership to Customer. If Customer maintains service to the end of the initial term any discounted equipment will transfer to Customer. Any hardware or Software provided at no cost or discounted 100% remains the property of IEC until released in writing to Customer.
SECTION 3: ACCOUNT BALANCE
Monthly rental/service fees are payable in advance of each month’s Service; additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service. If the Customer chooses to pay for the Service by credit card or ACH direct payment, all charges will be automatically deducted following the generation of any invoice. It is the Customer’s responsibility to maintain sufficient balance on the provided credit card or bank account to allow for charges for the Services.
If the Customer chooses to pay for the Service by check, the Customer is responsible for immediate payment of all invoices (Net 20). To pay by check, an initial deposit may be required equal to the monthly rental/service fee on the account. Returned checks will result in a $35 fee applied to the Customer’s account balance. Any Customer disputes of the amounts invoiced or charged must be submitted in writing to IEC within sixty (60) days of the date of the disputed charges and, if not so disputed, the Customer waives any objection and further recourse with respect to such charges. The Customer understands and agrees that awaiting any pending credit(s) to the Customer’s account is not sufficient cause to withhold payment for invoices. A late fee of $10 or 1.5% of the account balance per month, whichever is greater, will be applied to any unpaid account balance. We have the right to suspend or discontinue service generally, or to disconnect the Service, at any time. In addition, we reserve the right to immediately disconnect the Service at any time without notice due to non-payment or unlawful or inappropriate use of the Service. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus. Reinstating any service deactivated for non-payment of fees shall result in a reinstatement fee up to $25 per line. In the event Service is disconnected due to non-payment. Customer grants IEC access to premises to acquire any equipment provided for the delivery of services provided under this agreement.
SECTION 4: LOCAL AREA TELEPHONE NUMBERS
Local area telephone numbers are assigned according to the proximity of the address the Customer provides to IEC. However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the Customer. IEC does not assume responsibility for any of the Customer’s advertising cost or long-distance fees due to a number not being within the local area of callers to the Service. If IEC is porting any of Customer local or toll free numbers, we cannot be held liable for any errors or omission that may arise from the porting process. If IEC is providing new local or toll free numbers, we cannot be held liable for any errors or omission that may arise from the number assignment process.
SECTION 4.1: CALLER ID DISPLAY LIMITATIONS AND COMPLIANCE
Customer acknowledges and agrees that the disclosure and/or display of information related to the origination of calls, messages, and other communications (including without limitation “Caller ID” information) may be subject to legal requirements, including without limitation those related to the accurate display of such information or the enforcement of certain privacy instructions, settings, etc. Customer agrees to comply with all such applicable Laws and implementing regulations, including without limitation the Truth in Caller ID Act. IEC has no obligation to disclose, display, or transmit any such information for or in connection with any Customer Communication. Customer agrees to indemnify and hold harmless IEC from any and all third party claims, losses, damages, fines, or penalties arising out Customers breach of this Section.
SECTION 5: 911 SOFTPHONES AND MOBILE DEVICES
As a provider of phone service accessible via softphones and mobile devices, IEC has a responsibility to inform its customers that by not providing IEC the Customer’s current address, all 911 calls made through IEC service from a softphone may not be transferred to an emergency center near the Customer. Instead, all 911 calls made through softphones will be transferred to an emergency center near the Customer’s last registered address. For this reason, it is important for the Customer to provide IEC with the Customer’s current address every time the softphone or mobile device is used from a fixed location. Indiana Electronics & Communications cannot guarantee the quality of softphones and are considered “as-is no warranty”. Service cannot be canceled per Section 12 as a result of softphone quality related issues.
SECTION 6: SERVICE ISSUES – SCOPE OF RESPONSIBILITY
In the event of any service issues, IEC will assist the Customer with troubleshooting the problem’s source. However, some elements key to proper performance, including LAN, wiring, power, firewall, CPE, and ISP, are beyond the scope of IEC’s responsibility to effect repairs. The sole exception to the above is in the case where IEC is providing the Customer with a Managed Router, whereupon the CPE and ISP do fall within the scope of IEC’s responsibility. While IEC will offer telephone support to the Customer in diagnosing service issues outside the direct scope of its responsibility, such as those listed above, their ultimate repair will remain the responsibility of the Customer, their Installer, and/or the Customer’s 3rd-party IT vendor. IEC can travel on site to resolve issues outside the scope of our responsibility; such support would be subject to standard IEC service call rates and charges. Some WAN issues, such as poor performance by Internet providers, are not the direct responsibility of IEC. However, in these cases, IEC will assist the Customer, their Installer, and/or the Customer’s 3rd-party IT vendor in working with any such providers to eliminate these issues. IEC can travel on site to resolve issues outside the scope of our responsibility; such support would be subject to standard IEC service call rates and charges of 125.00 per hour plus travel and expenses.
SECTION 6.1: IP NETWORK SUFFICIENCY
Customer acknowledges and agree that: (i) the IEC Services require a properly-configured, high performance, enterprise-grade broadband IP network and connection; (ii) use of the IEC Services with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or underperformance of the Plan Services or other services utilizing the same network, services, or connection. Any unavailability of IEC Services due to insufficient IP Network will not be counted towards any SLA relief.
SECTION 6.2: UNMANAGED ENVIRONMENT
Remote VOIP Phones, VOIP Phones utilizing Residential Internet Access or VOIP Phones that are not behind an IEC Managed or Approved Router will be considered outside of best practice implementation, use and will be considered an unmanaged environment. If Customer elects to not purchase data services from IEC, then IEC assumes that Customer is managed service. If Customer utilizes an IEC VOIP Phone(s) in one of the unmanaged environments described above, IEC will only be responsible for Tier 1 (basic) technical support. Customer understands that the managed service requires a managed environment and that IEC will not be held responsible for problems as a result of a 3rd-Party provider or Carrier, residential environment, unmanaged environment or any IEC VOIP Equipment that resides outside of our best practice implementation. Outages in such Unmanaged Environments will not be counted towards SLA Outages defined in Section 12.1.1.
SECTION 7: DATA STORAGE
IEC is not obligated to store Customer’s communication logs, voicemails, call recordings, faxes, e-mails, or other messages and does so only as a convenience for Customer. Customer agrees IEC has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, e-mails, messages, and/or other communications maintained or transmitted by the Services and acknowledge IEC’s default policy for retention is one (1) day. Customer acknowledges and agree that IEC may establish limits as to the size of communications that IEC transmits or stores and the duration for which IEC stores any communications.
SECTION 8: RECORDING CONVERSATIONS
Certain IEC Services provide a function that allows Customer to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, Customer are required to obtain consent from all parties to a record a conversation. Customer are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. IEC expressly disclaims all liability with respect to Customer recording of telephone conversations. Customer hereby agrees to fully, finally, and forever release, discharge, hold harmless, and fully indemnify IEC from and against any damages or liabilities of any kind related to Customer recording of any telephone conversations using the Services.
SECTION 9: VOICE–TO-TEXT
Customer acknowledges and agree that: (i) any and all Voice/Text Features are provided merely as a convenience and may not accurately transcribe voice content, articulate text messages, or perform such functionality for all voice content or text messages or for the entirety of voice content or text messages; (ii) Customer cannot rely on any Voice/Text Feature to perform such accurate transcription or articulation; and (iii) Customer and all End Users shall be responsible for reviewing and/or listening to the original content of any Customer Communication or other media as necessary or appropriate to prevent Customer, any End User, or any other party from incurring any cost, expense, liability, loss, damage, or harm.
SECTION 10: LAWFUL AND APPROPRIATE USE
It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold IEC harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer’s use in any manner of the Service provided herein. In the event that IEC is brought into or required to respond to any action arising from or concerning the Customer’s activities, the Customer agrees to indemnify and hold IEC harmless from all arbitration, court and attorney’s costs and fees. IEC reserves the right to immediately discontinue, disconnect, limit, or revoke the Service without warning to the Customer should the Customer, at the sole discretion and determination of IEC, cause any type of activity or load which is incompatible with IEC’s network, causes quality of service issues, or otherwise impairs the ability of IEC to maintain or provide service to other customers. In the case that the Service is suspected of being misused by the Customer, including for fraudulent activity, IEC reserves the right at its sole discretion to immediately terminate the Service and inform the authorities that the Service is believed to have been used for inappropriate business. IEC shall not be liable for any direct or indirect damages resulting from a decision to discontinue, disconnect, limit, or revoke the Service with or without warning or for informing the authorities about the possibility of inappropriate business activities.
SECTION 11: LIMITED WARRANTY; EXCLUSIONS
For equipment purchased directly from IEC by the Customer, IEC will pass on to the Customer any applicable manufacturer’s warranty with respect to such equipment. For warranty repairs contact IEC customer service.
EXCEPT AS PROVIDED ABOVE, IEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, IEC DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST IEC MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND IEC SHALL HAVE NO LIABILITY THEREAFTER.
SECTION 12: LIMITATION OF LIABILITY
The Service is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, including but not limited to errors and omissions relating to a directory listing and CNAM, shall be limited to a maximum of the sum of one month(s) charges for the Service. SLA is detailed in Section 12.1 SLA. IEC reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion. IEC shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, late delivery by suppliers, or other causes beyond the reasonable control of IEC.
AT NO TIME, SHALL IEC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, OR POTENTIAL BUSINESS, GOODWILL, WORK STOPPAGE, LOST PROFITS OR REVENUE REGARDLESS OF WHETHER SUCH LOSSES WERE FORESEEABLE BY EITHER PARTY. IEC’S LIABILITY FOR DAMAGES ARISING OUT OF ANY ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS OR DELAYS IN SERVICE OR CAUSED BY IT, ITS AGENTS OR CONTRACTORS OR ANY OTHER FAILURE TO PERFORM A DUTY UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT REPRESENTING THE PROPORTIONAL CHARGE FOR THE SERVICES APPLICABLE TO THE PERIOD DURING WHICH THE SERVICES WERE AFFECTED. NO ACTION AGAINST EITHER PARTY ARISING OUT OF THESE TERMS MAY BE BROUGHT BY THE OTHER PARTY MORE THAN AS PROVIDED FOR IN THIS AGREEMENT AND IF NOT OTHERWISE SPECIFIED, NO LATER THAN 120 DAYS AFTER THE CAUSE OF ACTION HAS ARISEN.
SECTION 12.1: SERVICE LEVEL AGREEMENT
Platform Reliability – IEC guarantees 99.99% uptime on the IEC VOIP Platform including our diverse Metaswitch Applications Servers, Data centers and all platform infrastructure in the Data Center(s) for the Term of the contract.
1: Service Availability – IEC shall make voice service available for access and use by Customer 24 hours per day, 7 days per week, excluding any Scheduled Downtime or downtime due to a Force Majeure Event, each as defined below. “Service Availability” is calculated by subtracting from 100% the result of the number of minutes of Unscheduled Downtime in a 30-day month divided by the total number of minutes in such 30 day month. If the monthly Service Availability is less than 99.99%, Service Level Credits are provided below.
2: Downtime – Downtime is defined as the inability for IEC to receive and process inbound telephone calls for thirty (30) continuous minutes or longer due to platform, data center infrastructure or data center failure.
3: Scheduled Downtime – Scheduled Downtime is Downtime for which is planned and documented as such. IEC shall endeavor to provide seventy-two (72) hours advance notice to Customer for all Scheduled Downtime; however, IEC may schedule maintenance with no notice if deemed necessary by IEC at its sole discretion to ensure the safe, continued operation of the Service. Planned maintenance does not count towards Downtime and shall take place during off peak business hours. The duration of Scheduled Downtime is measured in minutes and equals the amount of elapsed time from when the Service is not accessible to when the Service is accessible. Any single event that exceeds the scheduled duration will result in an outage and the amount of time that the outage exceeded the scheduled time will be counted toward the Service Availability level in the month in which the event occurred.
4: Force Majeure Events – Force Majeure Events” means any event or condition that directly or indirectly prevents IEC from performing the Services hereunder, is beyond the reasonable control of IEC , and could not, by the exercise of due diligence, have been avoided in whole or in part by IEC , and shall include, subject to the foregoing and without limitation: any act of God, natural disaster, earthquake, war, riot, civil war, blockade, insurrection, terrorism, sabotage, acts of public enemies, civil disturbances or general restraint or arrest of government and people, boycott, strike (including a general strike), lockout or other similar industrial disturbance, service interruption by a telecommunications services provider, or connectivity delays with internet providers outside of IEC ’s reasonable control.
Environmental & 3rd Party Events – IEC will not be responsible for the following circumstances leading to downtime:
-Loss of power at the customer site
-Inclement weather at the customer site
-Natural Disaster affecting the customer site
-Fiber Cut or Internet outage at the customer site or affecting the customer’s facilities
-Upstream provider outage causing both the primary and secondary connections to experience a disruption
-Data Circuit outage at the customer site
-Onsite (customer premise) infrastructure, equipment or cabling issues
-Any onsite condition rendering the customer location inadequate for the IEC Service
-Any hardware or system introduced to the customer site that performs packet inspection or augmentation of packets. This may include, but is not limited to, security appliances, firewalls, 3rd party intrusion detection or other similar services or devices.
*
IEC guarantees that in the event of an unforeseen/uncontrollable onsite issue,
the Metaswitch(s) in our Data Centers will still handle incoming call traffic
regardless of the situation onsite.
* IEC guarantees that in the event of an unforeseen/uncontrollable onsite issue,
calls can be re-routed to other locations on the platform with instruction to
do so from the customer.
5: Service Level Credit – If downtime, as defined in section 12.1.2, causes the monthly Service Availability to be less than 99.99% due to circumstances laid out in section 1, and Customer requests a credit in writing within thirty (30) calendar days of Customer’s access to such report, IEC shall credit Customer the applicable amount indicated below as a Service Level Credit, and not as a penalty.
IEC shall award Customer a Service Level Credit in an amount equal to 5% of the monthly service fee for 60 minutes of downtime as a result of platform failure and an additional five percent 5% for every 60 minutes thereafter within the same calendar month. A maximum of 100% of one-month service fee of IEC Services is the max allowable Service Level Credit allowed without explicit written notice of such Service Level Credit form IEC.
6: Termination – If the IEC service violates the Service Level Agreement and it is determined that the IEC platform(s), Data Center Infrastructure or actual Data Center(s) caused the Service Level to drop to 99.95% or below based on 24 hours per day availability and a 30 day calendar month, IEC will immediately correct such Service Level deficiency. If the service level is 99.95% or below based on 24 hour per day availability and a 30 day calendar month in two consecutive months or 3 non-consecutive months within a 6 month timeframe, then Customer may terminate the Agreement between IEC and Customer, without penalty on the IEC Services only, by providing IEC with written notice of termination. In the event of such termination, Customer will be responsible for payment up until disconnection of service for the IEC Services and usage if applicable. The Customer will not be responsible for any IEC Licensing fees or payments following the termination date. Any hardware delivered to Customer that was not paid for by Customer must be returned to IEC within ten (10) days if Customer elects to Terminate Agreement under this section.
SECTION 13: CHANGES TO SERVICE AND TERMS AND CONDITIONS
IEC reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in IEC’s reasonable discretion. In the event of such changes, the Customer will be notified in writing on the monthly invoice sent to Customer. Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.
SECTION 14: RIGHT TO IDENTIFY CUSTOMER
It is specifically agreed that IEC may identify the Customer as a customer of IEC and include the Customer’s name and any applicable logo in IEC’s marketing materials that identify IEC’s customers. Customer may request at any time that IEC not use the Customer’s identity in marketing material at any time.
SECTION 15: CONTRACT TERM AND CANCELLATION
Customer is entering into a “Term” agreement to maintain the Services for the period of time indicated on the Order Confirmation that was signed to establish the Service. If Customer cancels the Services without replacing or upgrading Services of an equal or greater value, Customer will be charged an Early Termination Fee (ETF). The ETF for each Service terminated by Customer before the end of its then-current Service Term will be an amount equal to the one (1) month’s MRC for the Service being terminated (Billed Services) multiplied by the number of months remaining in the Service Term. Billed Services will be calculated by the MRC on the most current billing period for the location or account terminating services. Any Services added to the Bill that were not on the original contract will be considered valid unless such charges are disputed prior to termination of the Services and as such will be included when calculating the ETF.
The Term shall begin on the Service Start Date. Customer may cancel the hosted Services of this agreement within the first ninety (90) days of the Service Start Date without incurring Early Termination Fees except for any expenses incurred by IEC as defined in Section 15.1, if and where applicable, to discontinue any third party Services or circuits used in providing the Service, if and where applicable, and any NRC waived by IEC to establish such Service(s) regardless of the date of cancellation if cancellation date falls before the end of the original contract term.
If customer experiences Service interruptions or Service related problems as defined in Section 12.1 SLA, that IEC is unable to correct within thirty (30) days of written notice by Customer, the Customer can seek remedy under the terms in Section 12.1.5 SLA. However, any third-party Services purchased through IEC will incur early termination charges regardless of the date of cancellation if cancellation date falls before the end of the original contract term. All Indiana Electronics & Communications Equipment must be returned to us or to our designee in working order, normal wear and tear excepted within ten (10) days of the date on which Service(s) are disconnected. Otherwise, Customer will be charged up to the retail price for a new replacement for such Indiana Electronics & Communications equipment. Hardware and other one-time charges will not be refunded or credited if Services are canceled, once such hardware is delivered to Customer site.
SECTION 15.1 HARDWARE, INSTALLATION AND THIRD-PARTY CHARGES
If services are terminated per Section 15, any Non-Recurring Charges (NRC) that were waived or discounted in lieu of term agreement will be added to the ETF. These charges will include, but not be limited to, any previously provided promotional credits, travel and related per diem expenses associated with the delivery of Services, the cost of any hardware installed and not charged for to deliver Services, and a standard one-time setup and installation fee of $95.00 per line. If any third-party Services were provisioned to deliver Services, additional amounts of ETF may be charged and passed on to Customer terminating Services. Because damages resulting from early termination would be difficult to determine, the parties agree that the foregoing is a reasonable approximation of such damage and shall be considered a liquidated damage and not a penalty.
SECTION 15.2: AUTO RENEWAL IEC SERVICES
A written notice of intent not to renew Agreement for any IEC provided Service is required thirty (30) days prior to the Term expiration. If written notice is not provided, the Term shall automatically renew for subsequent periods of the same length as the Initial Term.
SECTION 16: GOVERNING LAW AND VENUE
These Terms and Conditions shall be governed by the laws of the State of Indiana and any disputes or controversy arising hereunder shall be arbitrated or adjudicated in St. Joseph County, State of Indiana. The Customer hereby consents to personal jurisdiction for all claims of any nature concerning the Customer and IEC in Mishawaka, Indiana and specifically consents to service of process being effectuated by certified mail at the Customer’s address. In the event that any action is brought to enforce or construe any of these Terms and Conditions, or for the breach of these Terms and Conditions, or concerning the indemnification clause contained herein, the prevailing party shall be entitled to recover, in addition to all other damages, reasonable attorney’s costs and fees.
SECTION 16.1: ASSIGNMENT
IEC may assign any Agreement for the Services with any Customer and the Customer’s obligation to maintain the Services for the Term (including, but not limited to, month-to-month Term) to any third party at IEC’s sole and absolute discretion and Customer agrees to be bound by these Terms and Conditions (including as amended in accordance with Section 13 above) and the Customer’s continued use of the Service following such assignment will constitute the Customer’s consent to such assignment.
SECTION 17: ENTIRE AGREEMENT
These Terms and Conditions contain the entire understanding and agreement of the parties with respect to its subject matter and supersede all prior understandings or agreements regarding such subject matter. In the event of any conflict between these Terms and Conditions and the terms of any purchase order or acknowledgment, these Terms and Conditions shall control.
SECTION 18: 911 DISCLAIMER
The Federal Communications Commission (“FCC”) requires IEC, like all Voice Over Internet Protocol (“VOIP”) service providers, inform its customers of any differences between the E911 access capability available with Hosted VOIP as compared to the E911 access capability available with traditional telephone service. (A copy of this FCC order is available at http://www.fcc.gov/cgb/VOIP911order.pdf.) We ask that Customer carefully read this E911 Disclosure Addendum and understand how these differences affect Customer ability to access E911 services. If Customer have any questions or concerns about the information contained in this notice, or if Customer do not understand anything discussed in this notice, please contact our Customer Service representatives at 574-254-5500 during the hours of 8 a.m. to 5 p.m. Indiana time, Monday – Friday.
The FCC’s E911 VOIP decision also requires IEC to obtain and keep a record on file showing that Customer company has received and understood this E911 Disclosure Addendum. Please respond IMMEDIATELY to this Addendum.
If Customer fail to acknowledge to the 911 disclaimer, we may be required by the FCC Order to suspend Customer service until we do receive Customer acknowledgment.
By using Indiana Electronics & Communications VOIP Services Customer agree to the terms of this 911 Disclaimer in the IEC Quote and Order, Customer are affirmatively acknowledging that (1) Customer have read and understood this E911 Disclosure Addendum, (2) Customer understand that Customer may not be able to contact emergency services by dialing 9-1-1 using Hosted VOIP, and (3) Customer understand that Customer must inform users of Hosted VOIP that they may not be able to contact emergency services by dialing 9-1-1 using Hosted VOIP.
Customer may obtain a copy of the FCC regulation and accompanying E911 VOIP decision in Docket No. 05-196 at the following link: http://www.fcc.gov/cgb/VOIP911order.pdf.
HOSTED VOIP E911 SERVICES MAY NOT OPERATE DURING A POWER OUTAGE.
Although the Integrated Access Device (“IAD”) IEC placed on Customer premises may be equipped with back-up battery power, in the event of a commercial power outage lasting longer than the IAD battery life, the IAD will lose power causing a loss of voice and data service, including access to E911 services. Once power service is restored, Customer may be required to reset or reconfigure Customer equipment before Customer will be able to use Hosted VOIP to contact E911 services. Customer are responsible for providing an uninterruptible backup power supply if Customer wish to ensure continued operation of electrical equipment in the event of a power outage.
HOSTED VOIP E911 SERVICES WILL NOT OPERATE IF CUSTOMER BROADBAND CONNECTION IS DISRUPTED OR HOSTED VOIP HAS BEEN SUSPENDED FOR ANY REASON, INCLUDING, FOR EXAMPLE, NON-PAYMENT.
Once Customer broadband connection and Hosted VOIP have been restored, Customer may be required to reset or reconfigure Customer equipment before Customer will be able to use Hosted VOIP service to contact E911 services.
CUSTOMER MUST PROVIDE IEC WITH CUSTOMER CORRECT SERVICE ADDRESS OR HOSTED VOIP E911 SERVICES CALLS MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST CUSTOMER.
If Customer notice that the service address information identified in Customer contract or bill is inaccurate, Customer can make corrections by calling our Customer Service representatives at 574-254-5500 during the hours of 8 a.m. to 5 p.m. Indiana time, Monday – Friday.
HOSTED VOIP E911 SERVICES CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST CUSTOMER IF CUSTOMER DISABLE, DAMAGE OR MOVE THE IAD TO A LOCATION OTHER THAN THE SERVICE ADDRESS CUSTOMER PROVIDED TO IEC WHEN SERVICE WAS INITIATED.
If Customer wish to move to a new service address or report damage to Customer IAD, please call IEC Customer Service at 574-254-5500 during the hours of 8 a.m. to 5 p.m. Indiana time, Monday – Friday.
HOSTED VOIP E911 SERVICES CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK ARCHITECTURE.
Due to network congestion or problems, calls to E911 services made using Hosted VOIP may be dropped, in which case Customer will not be connected to emergency services, or Customer E911 calls may take longer to connect than E911 calls made using traditional telephone service.
SIP TRUNKING E911 SERVICES.
It is the responsibility of the customer to ensure the PBX vendor has provisioned the PBX such that the outbound phone number used when dialing 911 is the same number that was provided to IEC for E911 services. If an alternate number is broadcast when dialing 911, customer acknowledges and agrees to hold harmless and indemnify IEC from any claim or action arising out of misroutes of any 911 calls. Alternate numbers that are broadcast when dialing 911 that have not been preprovisioned by IEC with the appropriate E911 address are considered unprovisioned 911 calls. Customer agrees that a charge of $250 will be assessed for each unprovisioned 911 call.
IN ADDITION, CUSTOMER SHOULD MAINTAIN ALTERNATE MEANS OF CONTACTING E911 SERVICES AND CUSTOMER MUST INFORM CUSTOMER HOSTED VOIP USERS OF THESE ALTERNATE MEANS.