CALL48 TERMS AND CONDITIONS
Origination and E911
- Service Description.
(A) DID Origination. Call48 Local Inbound Service is an IP origination service for PSTN originated calls available in selected Call48 Markets. Call48 will provide Customer with local connectivity to the PSTN in the selected Markets, and will deliver voice traffic to Customer through a net protocol conversion to an IP format via Session Initiation Protocol (“SIP”) signaling using G711 or G-729A voice encoding. Call48 Local Inbound Service is intended for use as an inbound-only service, and does not support any outbound calling capability, including calls to 9-1-1 unless they are specifically covered by that service. Customer is strictly prohibited from using (or reconfiguring to support such use) either the Service or any TN’s obtained through purchase of the Service in connection with any outbound calls placed by Customer or Customer’s end users.
(B) E911 Transport. E911 Transport Service is provided under this SOW to enable the Customer to; (i) provision Customer’s VOIP Subscribers and their location data for accurate routing of 9-1-1 calls originating on their VOIP network to the most geographically appropriate PSAP by means of the existing 9-1-1 infrastructure, and (ii) deliver Customer’s VOIP Subscriber’s call back number and, if possible, valid address to the PSAP during the emergency call using existing 9-1-1 infrastructure. E911 Transport Services provide the Customer with a near real-time provisioning interface to provisioned/registered Subscriber location data into the E911 Automatic Location Identification (ALI) database connected to the existing 9-1-1 infrastructure.
(C) Telephone Numbers. Call48 shall only provide Customer with the dedicated TN’s or ports ordered by Customer and accepted by Call48. Call48 will exercise commercially reasonable efforts to gain access to telephone number quantities to support the Service as specified for each Call48 Market by the Customer, but Call48 does not guarantee telephone number availability to support the Service for each Market that Call48 Local Inbound Service is available. Call48 may, upon ten (10) days’ prior written notice, reclaim any TN’s provided by Call48 to Customer hereunder that have not been used by Customer in connection with any Call48 Local Inbound Enhanced Usage within the immediately preceding one hundred and twenty (120) day period (or such shorter period as otherwise required by law). No refunds shall be made to Customer regarding reclaimed TN’s.
(D) Customer Premise Equipment (“CPE”). Customer is required to purchase, at its own expense, all hardware and software necessary for the particular Customer VOIP Application to interoperate with Call48 Local Inbound Services and the Call48 network, which hardware and software may include, without limitation, a SIP Proxy Server(s) or a Soft Switch. Customer shall be responsible for obtaining and providing to Call48, prior to installation of the particular Call48 Local Inbound Service, the public IP address(es) for the SIP Proxy Server, Soft Switch, and/or other hardware/software solution required by Call48.
(E) Dedicated Internet Connection. Customer is required to interconnect the Customer VOIP Application with Call48 Local Inbound Services via the public Internet through interconnection with a Tier 1 (as reasonably designated by Call48) peering partner of Call48.
- Emergency 911 Service.
(A) Call48 depends upon 911 carriers to properly route calls to the appropriate PSAP. Call48 only provides transport services to its 911 carriers network infrastructure. Call48 makes no representations regarding its carriers service and its functionality or reliability.
(B) For regions where the Service provides a native 9-1-1 solution, the following limitations apply (i) In the event of address validation failure, the error records cannot be processed in real time and commercially reasonable efforts will be used to resolve the records in error. There may be instances that will prevent the correction of errors, causing delays in provisioning the Subscriber’s data into the ALI database. (ii) The Services is predicated on using primary wire line PSAP boundaries for routing emergency calls to the appropriate PSAP. The primary wire line boundary information is collected and is entered into a database for real time queries for PSAP boundary lookup. Customer acknowledges that primary wire line PSAP boundary data may not be available for the entire United States and that the Service is dependent on the PSAPs to provide such information resulting in the use of wireless PSAP boundary data to route a VOIP emergency call.
(C) For regions where the Service provides a non-native 9-1-1 solution, the following limitations apply, (i) The Services uses wireless PSAP boundaries when a primary wire line PSAP boundary is not available. Therefore, when a Customer VOIP Subscriber places an emergency call, it may correspond to a PSAP other than the PSAP that would normally receive wire line emergency calls placed from the Subscriber’s location. (ii) Customer VOIP Subscriber physical service address and call back number will not be presented to the PSAP. (iii) In the event caller cannot speak, Customer acknowledges that no information will be provided to the PSAP to contact the Customer to obtain information that could allow them to dispatch emergency services to caller’s location. Each PSAP’s internal processes will dictate how the call should be handled.
(D) For emergency call routing where the above limitations exist, (i) in the event caller cannot speak or identify their address, (ii) data connectivity between the Customer VOIP Subscriber and the PSAP is interrupted, and (iii) The PSAP cannot obtain the Customer VOIP Subscriber’s location information, Customer acknowledges that Call48 has no further ability to assist the caller and Customer agrees to indemnify and hold harmless Call48 from all third party claims arising from such circumstances.
(E) Customer further acknowledges and agrees that 911 Services will not be available to the particular Subscriber and Call48 shall have no liability to Customer or any third party for failure to provide 911 Services to the particular Subscriber in the event of (i) outage, degradation or other disruption of power at the Subscriber location; (iv) outage, degradation or other disruption of the Subscriber broadband Internet connection; (iv) Customer’s failure to provide Subscribers accurate Automatic Number Identification (ANI) with the call, (v) Customer’s failure or delay in maintaining and updating Subscriber information as required by Call48.. Customer shall advise all Subscribers of such limitations, and shall obtain from all Subscribers a written acknowledgment of such limitations and a release of Customer and all underlying providers (including Call48) for any and all claims arising out of the failure of 911 Services resulting from the foregoing events or conditions.
- Local Number Portability. Porting In.
Upon submission of a Subscriber Order, Customer may elect to port an existing, geographically relevant telephone number to Call48 (“Port-In”) for activation on behalf of the particular Subscriber for use of Call48 Origination and E911 Service. Call48 will support all valid requests and will cooperate with Customer to perform any Port-In in accordance with Customer’s reasonable directions and Call48’s standard operating procedures. Customer hereby represents and warrants to Call48 that Customer has all necessary rights and authority necessary for any Port-In, will provide copies of letters of authority authorizing the same upon request and Customer hereby agrees to indemnify, defend and hold harmless Call48, its Affiliates and their officers, directors, employees and agents from and against any third party claim related to or arising out of any Port-In (or request for Port-In). All local Port-Outs will have a $5 charge per DID.
4. Legal and Regulatory Matters.
(A) Customer shall comply with all applicable laws, rules and regulations relating to the responsibilities expressly assumed by Customer under this Service Schedule and such other services and functionality that the Customer may include in the delivery and resale of Call48 Service to its end users. Customer agrees to indemnify, defend and hold harmless the Call48, its Affiliates and their officers, directors, employees and agents from and against any third party claim related to or arising out of Customers breach of its obligation under this Service Schedule
(B) Customer recognizes that the Call48 Service provides local connectivity from/to the PSTN together with enhanced functionality, including, without limitation, conversion and delivery to Customer in an IP-based format. For regulatory purposes, the parties acknowledge that Call48 treats all calls within the Local Calling Area of the Subscriber as local in nature, although there is no guarantee that such interpretation will be accepted by the relevant regulatory authorities. Any change in applicable law, regulation, decision, rule or order that finds that the connectivity associated with the Call48 Origination and E911 Service is not eligible for regulatory treatment as a local service shall be subject to the change process described in the Agreement.
- Fraudulent Use of Service.
(A) The parties shall jointly cooperate and work together in good faith to identify fraudulent use of any Call48 Origination and E911 Service and to take all appropriate and necessary action in response to any such fraudulent use.
(B) Customer is responsible for all charges attributable to Customer incurred respecting the Service. In the case of usage-based Services, Customer is responsible for all usage charges even if incurred as the result of fraudulent or unauthorized use of Service; except that Customer shall not be responsible for fraudulent or unauthorized use by Call48 or its employees.
(A) Customer agrees to pay Call48, the following charges for all Call48 Local Inbound Service provided by Call48 to Customer: (a) a monthly recurring charge per TN; and (b) monthly Call48 Local Inbound Enhanced Usage charges; which charges shall be as set forth in Exhibit A attached hereto, or as otherwise agreed between the parties in writing. In addition to the foregoing, Customer may be obligated to pay additional charges as more particularly described in Exhibit A hereto.
(B) Call48 Local Inbound Enhanced Usage Charges. Call48 Local Inbound Enhanced Usage will be measured based on Customer’s total usage (in minutes) of all Call48 Local Inbound Service in a particular month. The current billing increments for Call48 Local Inbound Service are (i) a 6 second initial billing increment and (ii) 6 seconds for any additional billing increments. Any partial billing increment shall be rounded-up to the next interval. The Call48 Local Inbound Service usage rates are net of any applicable origination charges by third party payphone providers. Call48 will pass these surcharges through to Customer and Customer shall be responsible for payment of all such surcharges.
- Authority Each Party represents to the other that (i) it has full authority to enter into and perform under this SOW; (ii) the person signing this SOW on its behalf is properly authorized; and (iii) it has read this SOW, understands it, and agrees to be bound by all of its terms, conditions, and provisions.
- Entire Agreement This SOW shall not be enforceable unless duly executed by both Parties. This SOW, together with any Appendices hereto and the Agreement, constitutes the Parties’ entire understanding related to the subject matter of this SOW and supersedes any prior written or oral agreements or understandings with regard to the subject matter of this SOW
- Service Description. Call48 Termination Service, directly and/or through its affiliates, subsidiaries, and underlying carriers provides Customer with a combined transport and termination rate for the purpose of delivering Customer voice traffic from the Customer Premises to the PSTN (Public Switched Telephone Network). Call48 Termination Service allows Customer to bring voice traffic to Call48, using Session Initiation Protocol (SIP), in an Call48 supported format as described in Exhibit A to this SOW. Traffic delivered by Customer in a format not supported by Call48 will be blocked and will not be delivered by Call48. Call48 does not originate any traffic pursuant to Call48 Termination Services and will not accept calls seeking operator services or directory assistance as part of this SOW. Additionally; SERVICE DOES NOT INCLUDED 911 OR E911 SUPPORT. Examples of types of calls that are origination in nature, and thus likewise not supported on the Call48 network, include: 0, 411, 700, 800, 900, 911 and 976 calls.
- Billing and Rates.
(A) Customer will prepay Call48’s then current Call48 Termination usage rates. Call48 reserves the right to change the rates for Service terminating at an International location upon immediate notice to Customer
(B) Call48 Termination Service is billed in increments as specified in the appropriate Exhibit to this SOW. Any partial billing increment shall be rounded-up to the next interval.
(C) For US Domestic Termination, Call48 provides single rate pricing, also known as flat rate or fixed rate pricing for its domestic termination services. Call48’s single rate pricing structure is an alternative to its NPA/NXX based pricing model. In order for Call48 to be able to sell US domestic termination services for a single rate to all of the locations provided, Call48 depends on a balanced amount of traffic from its Customer to go to highly populated destinations where Call48’s cost is reduced as well as to outlying destinations that may be more expensive to Call48. In general the less expensive destinations include those geographic locations served by the former Regional Bell Operating Companies (RBOC). So long as the termination traffic that Call48 is routing to the PSTN is primarily RBOC destined in nature, Call48 is able to absorb the cost of the more expensive non RBOC destinations and maintain a single rate for all traffic sent by Customer. Generally, this ratio equates to approximately 80% RBOC and 20% non-RBOC. In order to continue to provide a single rate price to Customer, Call48 reserves the right, at its discretion, to immediately, automatically, and without further notice discontinue providing the service to any destination that would result in the Average cost to Call48 of Customers traffic received by Call48 for Termination to the PSTN to exceed 80% (“Excessive Costs”) during the Average Cost Measure Period (Average of weekly, daily and hourly averages). Call48 may at its discretion, immediately, automatically and without further notification resume Termination of Customers traffic to those destinations when doing so does not cause a continuance of Excessive Costs to Call48. In the event that a client abuses Call48’s flat rate pricing and 80/20 RBOC/NONRBOC routing, Call48 reserves the right to retroactively re-calculate the Customers invoice at a default rate of $0.04 per minute.
(D) The Call48 Termination Service usage rates are net of any applicable charges by third party payphone providers. Customer will be responsible for (i) all such origination charges, and (ii) tracking any traffic associated with such origination charges in accordance with applicable law or regulation.
(E) For Call48 Termination Service that terminates on the PSTN (Public Switched Telephone Network) only, Customer will be provided, in addition to its invoice, a summary report describing the total amount due from Customer to Call48 and the total cost of Customer’s recurring fees, non-recurring fees and total usage charges. Usage detail may be provided via Web, FTP or email on a daily basis.
- Single Number/Single End User Complaints. In the event that Customer experiences a single number complaint or a single end user complaint and such complaint is referred to Call48, Call48 will perform reasonable efforts to isolate the given trouble. Call48 by policy will not perform any alternate routing of egress trunks based upon on a single number or single end user complaint. However, Call48 will attempt to correlate such a trouble across multiple Customers in order to perform any necessary corrective actions. If Call48 determines that a trouble ticket is related to a single number or single end user, Call48 will change the status of the trouble ticket to “Service Restore” and pursue closure of the trouble ticket.
- Responsibility to Control and Manage Traffic.
(A) In addition to any other terms and conditions of this Service Schedule and the Agreement, Customer shall bear the following responsibilities in connection with Call48’s provision to Customer of Call48 Termination Service:
(i) Customer shall manage the integrity of the traffic egressing Customer’s network and shall include ANI/CLI;
(ii) Customer shall screen and block calls destined to (i) invalid single numbers, (ii) unassigned NPA/NXX or (iii) numbers with invalid formats; and
(iii) Customer shall manage and correct, as necessary, any fraudulent calling patterns or calling patterns perceived as fraudulent that may harm Call48’s network.
(B) In the event that Customer fails to comply with the requirements described in (A) above, (1) Call48 shall have the right (but not the obligation) to take protective action against Customer in order to protect Call48’s egress network which protective action may include, without limitation, the temporary blocking of Customer’s traffic until the applicable problem is resolved (in Call48’s reasonable discretion).
No refunds or cancellations will be offered.