CALL48 TERMS AND CONDITIONS
1. Service Description
(A) DID Origination. V1 Local Inbound Service is an IP origination service for PSTN originated calls available in selected V1 Markets. V1 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. V1 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. All E911 calls to the V1 network for registered subscribers will incur a cost of $5 per call. All E911 calls to the V1 network for unregistered subscribers will incur a cost of $200 per incident. All E911 test calls (dialing 933) to the V1 network will not incur any cost.
(C) Telephone Numbers. V1 shall only provide Customer with the dedicated TN’s or ports ordered by Customer and accepted by V1. V1 will exercise commercially reasonable efforts to gain access to telephone number quantities to support the Service as specified for each V1 Market by the Customer, but V1 does not guarantee telephone number availability to support the Service for each Market that V1 Local Inbound Service is available. V1 may, upon ten (10) days’ prior written notice, reclaim any TN’s provided by V1 to Customer hereunder that have not been used by Customer in connection with any V1 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. V1 shall charge all customers a $10 per TN fee for porting numbers off of the V1 network.
(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 V1 Local Inbound Services and the V1 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 V1, prior to installation of the particular V1 Local Inbound Service, the public IP address(es) for the SIP Proxy Server, Soft Switch, and/or other hardware/software solution required by V1.
(E) Dedicated Internet Connection. Customer is required to interconnect the Customer VOIP Application with V1 Local Inbound Services via the public Internet through interconnection with a Tier 1 (as reasonably designated by V1) peering partner of V1.
2. Emergency 911 Service.
(A) V1 depends upon 911 carriers to properly route calls to the appropriate PSAP. V1 only provides transport services to its 911 carriers network infrastructure. V1 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 V1 has no further ability to assist the caller and Customer agrees to indemnify and hold harmless V1 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 V1 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 V1.. 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 V1) for any and all claims arising out of the failure of 911 Services resulting from the foregoing events or conditions.
3. Local Number Portability.
Porting In. Upon submission of a Subscriber Order, Customer may elect to port an existing, geographically relevant telephone number to V1 (“Port-In”) for activation on behalf of the particular Subscriber for use of V1 Origination and E911 Service. V1 will support all valid requests and will cooperate with Customer to perform any Port-In in accordance with Customer’s reasonable directions and V1’s standard operating procedures. Customer hereby represents and warrants to V1 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 V1, 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).
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 V1 Service to its end users. Customer agrees to indemnify, defend and hold harmless the V1, 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 V1 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 V1 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 V1 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.
5. Fraudulent Use of Service.
(A) The parties shall jointly cooperate and work together in good faith to identify fraudulent use of any V1 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 V1 or its employees.
(A) Customer agrees to pay V1, the following charges for all V1 Local Inbound Service provided by V1 to Customer: (a) a monthly recurring charge per TN; and (b) monthly V1 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) V1 Local Inbound Enhanced Usage Charges. V1 Local Inbound Enhanced Usage will be measured based on Customer’s total usage (in minutes) of all V1 Local Inbound Service in a particular month. The current billing increments for V1 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 V1 Local Inbound Service usage rates are net of any applicable origination charges by third party payphone providers. V1 will pass these surcharges through to Customer and Customer shall be responsible for payment of all such surcharges.
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.
8. 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.
1. Service Description.
V1 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). V1 Termination Service allows Customer to bring voice traffic to V1, using Session Initiation Protocol (SIP), in an V1 supported format as described in Exhibit A to this SOW. Traffic delivered by Customer in a format not supported by V1 will be blocked and will not be delivered by V1 or rated at a default rate of $0.05 per minute. V1 does not originate any traffic pursuant to V1 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 V1 network, include: 0, 411, 700, 800, 900, 911 and 976 calls.
2. Billing and Rates.
(A) Customer will prepay V1’s then current V1 Termination usage rates. V1 reserves the right to change the rates for Service terminating at an International location upon immediate notice to Customer.
(B) V1 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, V1 provides pricing on a metered rate deck or NPA / NXX based pricing model. All customers are agreeing to maintain an average success rate (ASR) on their outbound calling at a level of 75% completion or above along with an average length of call (ALOC) of 60 seconds or better. If client terminates traffic below the mentioned thresholds, all traffic is subject to a re-rating with a surcharge or $0.02 per minute charged retroactively. Additionally, if client surpasses a threshold of zero duration calls at a level of 10% or greater, the calls are subject to a re-rating retroactively at a cost of $0.02 per minute for all short duration calls.
(D) The V1 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 V1 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 V1 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.
(F) Toll Origination will be subject to the contractual per minute rates as defined in the customers Schedule 1. All toll free routing is subject to a $0.0055 per call SMS surcharge.
(G) Client understands that all funds prepaid to V1 are non-refundable.
3. 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 V1, V1 will perform reasonable efforts to isolate the given trouble. V1 by policy will not perform any alternate routing of egress trunks based upon on a single number or single end user complaint. However, V1 will attempt to correlate such a trouble across multiple Customers in order to perform any necessary corrective actions. If V1 determines that a trouble ticket is related to a single number or single end user, V1 will change the status of the trouble ticket to “Service Restore” and pursue closure of the trouble ticket.
4. 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 V1’s provision to Customer of V1 Termination Service:
Customer shall manage the integrity of the traffic egressing Customer’s network and shall include ANI/CLI;
and Customer shall screen and block calls destined to
i. invalid single numbers,
ii. unassigned NPA/NXX or
iii. numbers with invalid formats;
Customer shall manage and correct, as necessary, any fraudulent calling patterns or calling patterns perceived as fraudulent that may harm V1’s network. All traffic coming through the V1 network without a CLI will be billed at a rate of $0.04 per minute.
(B) In the event that Customer fails to comply with the requirements described in (A) above, (1) V1 shall have the right (but not the obligation) to take protective action against Customer in order to protect V1’s egress network which protective action may include, without limitation, the temporary blocking of Customer’s traffic until the applicable problem is resolved (in V1’s reasonable discretion).
No refunds or cancellations will be offered.