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Teams Telephony Service Agreement

Teams Telephony Service Agreement

The customer set forth on the Statement of Work (the “Customer”) is requesting the following services from OSIbeyond L.L.C. Customer understands and acknowledges that this Teams Telephony Service Agreement (“Telephony Service Agreement”) is subject to and governed by the Master Service Agreement between the parties located here.

1. Services

During the Term of this Telephony Service Agreement, OSIbeyond agrees to provide the following services to the Customer for the term of the Agreement.

Services. OSIbeyond agrees to provide the Customer with telephony dial-tone services. All other Teams telephony and conferencing features are provided by Microsoft.

Equipment – None provided.

2. Term of the Agreement

This Telephony Service Agreement will begin on the Effective Date of the Statement of Work and continue for one (1) year (“Initial Term”), and will be automatically renewed following the Initial Term on an annual basis (each a “Renewal Term”) unless terminated by a party.   

3. Monthly Fee

The monthly fee is specified on the Schedule A attached to the Statement of Work and payable on the 1st of each month.

4. Termination

This Telephony Service Agreement may be terminated by the Customer for convenience by providing OSIbeyond with written notice at least ninety (90) days’ prior to the end of the Initial Term or any subsequent Renewal Term.

5. Default

If OSIbeyond terminates this Telephony Service Agreement due to the Customer’s default, the Customer agrees to pay OSIbeyond (a) all amounts then due and owing and (b) OSIbeyond’s actual collection costs, including reasonable attorneys’ fees.

6. Miscellaneous

The Customer agrees to use the telephone service only for lawful purposes. This means that the Customer may not use the service for transmitting or receiving any communication or material of any kind when in the Customer’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. The Customer is solely responsible and liable for any and all use of the service and by any person using the service on behalf of the Customer. The Customer agrees to indemnify, defend and hold harmless OSIbeyond against any and all liability for any such improper or illegal use.

7. 911 and E911 Disclosure and Notice

The Federal Communications Commission (“FCC”) requires that OSIbeyond, like all Voice Over Internet Protocol (“VOIP”) service providers, inform its customers of any differences between the 911 and E911 access capabilities available with traditional wire line non-VOIP telephone service. A copy of the FCC order containing the disclosure rates is available at https://transition.fcc.gov/cgb/voip911order.pdf. It is important that the Customer (or “you”) understands how these differences affect your ability to access 911 and E911 services for purposes of this Notice, “OSIbeyond” means OSIbeyond L.L.C. or its subsidiaries who provide VOIP services in the applicable state(s). If you have any questions or concerns about this Notice, please contact an OSIbeyond customer service representative at 301-312-8908.

FCC Rules require that we keep a record on file showing that you have received and that you understand this 911 and E911 Notice. If we do not receive your reply promptly, we may be required by FCC Rules to suspend your service until we receive your response.

IMPORTANT NOTICE

By choosing to have OSIbeyond L.L.C provide the Customer with Teams Telephony Services, the Customer affirmatively acknowledging that:

I. It has read and understood this 911 and E911 Notice;

II. It understands that it may not be able to contact emergency services by dialing 9-1-1 using the VOIP 911 and E911 service; and

III. It understands that it must inform users of the VOIP services that they may not be able to contact emergency services by using the VOIP 911 and E911 Service.

  1. VOIP 911 and E911 SERVICES MAY NOT OPERATE DURING A POWER OUTAGE. The Customer understands and acknowledges that the VOIP 911 and E911 Service will not function in the event of a power failure or disruption. Should there be an interruption in the power, the VOIP Services, including the VOIP 911 and E911 Service, will not function until power is restored and your equipment may need to be reset.

  2. VOIP 911 and E911 SERVICES WILL NOT OPERATE IF THE CUSTOMER’S BROADBAND CONNECTION IS DISRUPTED. The Customer understands and acknowledges that service outages, interruptions or degradation, or termination or suspension for any reason, of service by the Customer’s broadband provider and/or ISP or by OSI will prevent it from using the VOIP Services, including the VOIP 911 and E911 Service.

  3. VOIP 911 and E911 SERVICE CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST IF THE CUSTOMER DISABLES, DAMAGES, OR MOVES THE EQUIPMENT TO A LOCATION OTHER THAN THE REGISTERED ADDRESS IT PROVIDED TO OSIBEYOND WHEN SERVICE WAS INITIATED. The Customer understands and acknowledges that VOIP 911 and E911 Service will not function if it move its device to a different street address or location other than the Customer’s Registered Address. The Customer also acknowledges that it may take several days for any change in address to be processed. Accordingly, the Customer should notify OSIbeyond in advance of any and all changes to its Registered Address by contacting a Customer Care Representative at 301-312-8908. Failure to provide the current and correct physical address and location of the Customer’s device may result in any 911 call it make being routed to the incorrect local emergency service provider and emergency personnel being dispatched to the incorrect location.

  4. EMERGENCY PERSONNEL MAY NOT BE ABLE TO IDENTIFY THE CUSTOMER’S PHONE NUMBER IN ORDER TO CALL THE CUSTOMER BACK. The Customer understands and acknowledges that public safety answering point (“PSAP”) and emergency personnel may not be able to identify the Customer’s phone number in order to call it back if the call cannot be completed, is dropped or disconnected, and/or the Customer’s VOIP 911 or E911 Service is not operational for any reason.

  5. VOIP 911 and E911 SERVICE CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK ARCHITECTURE. The Customer understands and acknowledges that, due to technical constraints, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made utilizing the Customer’s equipment as compared to 911 dialing over traditional non-VOIP public switched telephone networks.

  6. IN ADDITION, THE CUSTOMER SHOULD MAINTAIN ALTERNATE MEANS OF CONTACTING 911 AND E911 SERVICES AND IT MUST INFORM USERS OF OSIBEYOND VOIP 911 AND E911 SERVICE OF THESE ALTERNATE MEANS. This Notice should be placed on or near the Customer’s equipment that it uses to access VOIP 911 and E911.

8. Waiver – VOIP 911 and E911

  1. IN NO EVENT shall OSIbeyond or its subsidiaries, affiliates, officers, directors, employees, representatives, agents or any third party provider or vendor who may furnish services or products to the Customer in connection with the VOIP services or the equipment be held liable for any claim, damage or loss whatsoever arising from or relating to 911 dialing and the Customer hereby waives any and all such claims or causes of action arising from or relating to 911 dialing.

  2. OSIbeyond does not exercise any control over whether, or the manner in which, 911 calls using the VOIP Services are answered or responded to by any local emergency response center or the National Emergency Calling Center.

  3. OSIbeyond shall not have any liability or responsibility for the conduct of local emergency response centers, and the National Emergency Calling Center and expressly disclaims such responsibilities.

  4. OSIbeyond relies on third party provider to assist OSIbeyond in routing 911 calls to local emergency response centers. OSIbeyond expressly disclaims any and all liability or responsibility in the event third party data used to route calls is incorrect or produces erroneous results.

    The Customer acknowledges that it has read and understood the foregoing 911 and E911 Disclosure and Notice. The foregoing constitutes the agreement and understanding of the Customer, and is binding between the Customer and OSIbeyond as of the date first written in the Statement of Work between the parties.