Voice over IP Original:
For Voice over IP A LA CARTE, BUNDLED (AKA CLASSIC BUNDLED) AND SERVICE BUNDLED (not Voice over IP IP Integrated Access, Hosted IP Centrex or IP Trunking), the following applies:
I. SERVICE DESCRIPTION:
1. Voice over IP is available in three forms: A LA CARTE Service, BUNDLED Service, and SERVICE BUNDLED Service as described below (collectively, Voice over IP). Companys provision of Voice over IP is governed by, and will change in accordance with, the Guide, particularly this Voice over IP, as supplemented by the Customers signed agreement.
2. Voice over IP A LA CARTE Service: Voice over IP A LA CARTE Service is a service that allows Customer to transport voice (as well as data) traffic originating in the United States in Internet Protocol (IP) packets over eligible Customer-provided domestic (a) Internet Dedicated Services Tiered Service at 768 kbps, Price-Protected Service at T1 and T3, and Double/Diverse Service at T3, (b) Private IP Service at 768 kbps and above, and (c) Internet DSL Office at 384 kbps and 768 kbps, transport service, (collectively, A LA CARTE Service). Calls with the A LA CARTE Service may be terminated over Customers domestic Internet Dedicated Services, Private IP Service, or through the Public Switched Telephone Network (PSTN). Customer must subscribe to transport service for A LA CARTE Service in a separate agreement. A LA CARTE Service will be provided pursuant to Customers Agreement for Voice over IP Service (Agreement) and the terms and conditions set forth herein.
3. Voice over IP BUNDLED SERVICE AND SERVICE BUNDLED SERVICE: Voice over IP BUNDLED Service and SERVICE BUNDLED Service is an information service that allows Customer to transport its voice (as well as data) traffic originating in the United States in Internet Protocol (IP) packets over Customers Bundled. BUNDLED Service includes applicable Service Equipment. SERVICE BUNDLED Service does not include any Service Equipment. Customer will be provided one of the following Internet Dedicated Services or Internet DSL Office transport services based on the Voice over IP type and bandwidth selected by Customer to carry its BUNDLED Service and SERVICE BUNDLED Service traffic (collectively Bundled Transport Service, individually Bundled Internet Dedicated Service or Bundled DSL Service as applicable). Customer may choose as its Bundled Transport Service Internet Dedicated Services Tiered Service at 768 kbps, Internet Dedicated Services Price-Protected Service at T1, or Internet DSL Office at 384 kbps or 768 kbps, and if Customer has chosen an Internet Dedicated Service as its primary transport service, Customer may also order Internet Dedicated Shadow T1 transport service to back up Customers primary transport service. Calls with the BUNDLED Service or SERVICE BUNDLED Service may be terminated over Customers domestic Internet Dedicated Services at 768 kbps, Internet Dedicated Services Price-Protected Service at T1, Internet Dedicated Shadow T1, or Internet DSL Office at 384 kbps or 768 kbps, or through the PSTN.
The Company may interrupt Internet Dedicated Services and Internet DSL Office for scheduled or emergency maintenance or as otherwise set forth in the Guide or Customers Agreement. BUNDLED Service and SERVICE BUNDLED Service will include assignment of a suitable number of IP addresses to be used in conjunction with Voice over IP at Customers request and in accordance with the Companys then-current assignment guidelines.
3.1 Internet DSL Office: In addition to the terms and conditions of Internet DSL Office, the following terms and conditions apply and, to the extent the following terms and conditions conflict with those of Internet DSL Office, take precedence over the terms and conditions of Internet DSL Office:
3.1.1 Internet DSL Office may be unavailable in any particular location, even after being ordered. Service availability and speed level cannot be determined until a technician visits the site and performs installation tests. If Internet DSL Office is not available (either entirely or at the speed level ordered) after being ordered, the order will be deemed cancelled. If Internet DSL Office is available at a lower speed level, Customer may reorder Voice over IP at the new speed level. Once in service, DSL Office may be interrupted as a result of various circumstances, including those involving the local exchange carrier, over which Company may have limited control. In particular, the resolution of a local loop interruption may be delayed if local exchange carrier support is not available or effective.
· MCI Legacy Company means one or more of MCI Communications Services, Inc. d/b/a Verizon Business Services; MCImetro Access Transmission Services LLC d/b/a Verizon Access Transmission Services; MCImetro Access Transmission Services of Virginia, Inc. d/b/a Verizon Access Transmission Services of Virginia; and MCImetro Access Transmission Services of Massachusetts, Inc. d/b/a Verizon Access Transmission Services of Massachusetts.
· On-Net Calls - calls that both originate and terminate on Customers eligible MCI Legacy Company-provided eligible ports or circuits.
· Off-Net Calls calls that terminate to the Public Switched Telephone network.
1. Voice over IP Call Type Options:
1.1 A LA CARTE Call Types:
1.1.1 On-Net Calls: Voice over IP allows Customers to complete IP to IP calls that both originate and terminate on Customers MCI Legacy Company data network (On-Net Calls).
1.1.2 Outbound Off-Net U.S. Long Distance Calls: Voice over IP offers network gateways to the Company long distance telephone network, allowing Customer to complete long distance calls that terminate off of Customers MCI Legacy Company data network (Off-Net Calls).
1.1.3 Outbound Off-Net Local Calls:
A. At Customer locations that are served by a MCI Legacy Company local switch, Voice over IP offers network gateways to the MCI Legacy Companys local switching network, allowing Customers who select Voice over IP local service to complete Off-Net local calls, as determined by the Company. Local calls from Customer locations served by a MCI Legacy Company local switch will support the local calling features set forth in Section III of this schedule.
B. Customers with locations not served by a Company local switch or Customers who do not select Voice over IP local service may deploy a Cisco local gateway on their premises and purchase local service from a local exchange carrier, in which case local service, including local service features, will be provided via Customers local exchange carrier and associated local service charges will apply. Customers may purchase CPE, including a Cisco local gateway, under the terms of a separate agreement.
1.1.4 Inbound PSTN Calls: Voice over IP allows users to have a North American Numbering Plan (NANP) number assigned to their phone and the Service will allow inbound PSTN calls to be received. Local number portability is supported. Customers with locations not served by a MCI Legacy Company local switch or Customers who do not select the Voice over IPs local service must deploy a Cisco local gateway on their premises to receive inbound PSTN calls. Customers may purchase Customer Premises Equipment (CPE), including a Cisco local gateway, under the terms of a separate agreement.
1.1.5 International Calls: Voice over IP allows Customers to complete International calls to the locations set forth in Section IV.1.1.1 U.S. Voice over IP-to-International.
1.1.6 Fax: Voice over IP supports fax pass-through.
1.2 BUNDLED Service and SERVICE BUNDLED Service Call Types:
1.2.1 Outbound Long Distance Calls: Voice over IP offers network gateways to the Company long distance telephone network, allowing Customer to complete long distance calls that terminate off of Customers MCI Legacy Company data network.
1.2.2 Outbound Local Calls: Voice over IP offers network gateways to the MCI Legacy Companys local switching network, allowing Customers to complete local calls, as determined by the Company. Local calls from Customer locations served by a MCI Legacy Company local switch will support the local calling features set forth in Section III.1.
1.2.3 Inbound PSTN Calls: The Service allows users to have a North American Numbering Plan (NANP) number assigned to their phone and the Service will allow inbound PSTN calls to be received.
1.2.4 International Calls: The Service allows Customers to complete International calls to the locations set forth in Section IV.1.1.1 U.S. Voice over IP-to-International.
1.2.5 Fax: The Service supports fax pass-through.
2. Features: Voice over IP A LA CARTE, BUNDLED Service and SERVICE BUNDLED Service (additional features may be available at Companys discretion):
2.1 Virtual Fx Service (Virtual Fx): Virtual Fx is available with Voice over IP A LA CARTE only. It allows allows Customer to receive inbound calls on a DID number associated with a location that is different from the local exchange area where the call is terminated. The Virtual Fx simultaneous calling capacity Customer selected determines the number of inbound calls Customer can receive at one time through Virtual Fx. Outbound calling is not supported for any location to which Virtual Fx Service is terminated. A separate charge applies for the DIDs.
2.2 Enhanced Voice-mail: Enhanced Voice-mail can be retrieved via phone, web site or e-mail.
2.3 Remote Office: This feature enables end users to access and use their Voice over IP service from any phone that can be dialed directly (e.g., no extensions),
2.4 Attendant Console: The web-based Attendant Console enables an end user such as an office receptionist (an Attendant) to monitor any or all of the end users who are provisioned as assigned to the same location as the Attendant. The Attendant Console web screen graphically displays the monitored end users status (i.e., busy, idle, do not disturb), as well as certain call information (e.g., name, number, session duration).
2.5 Auto Attendant: The Auto Attendant serves as an automated receptionist that answers the phone and provides a personalized message to callers with options for connecting to the operator, dialing by name or extension, or connecting to up to six extensions (e.g., 1 = Marketing, 2 = Sales, etc.).
2.6 Accounting/Authorization Codes: Enables the tracking of calls made to a location outside of the callers location by prompting end users for a code at the time a call is made. Accounting codes are used for reporting purposes but are not validated by the network before connecting a call. Authorization codes are validated by the network before the call is connected.
3. Local Service Features: Voice over IP A LA CARTE, BUNDLED Service and SERVICE BUNDLED Service:
3.1 Caller Name (CNAM) Display: CNAM is the display of the calling party's name (CPN) following the number on a called party's Caller ID Display Box. CNAM is only available if CPN Delivery is enabled. This feature allows a calling name to be defined that will be associated with the CPN.
3.2 Operator Services: Customer may obtain the assistance of a local operator to complete local exchange telephone calls in the following manner. In addition to the monthly recurring charge for Voice over IP, the surcharges identified in the Section IV.6, Local Operator Assistance Rates and Charges apply to the following operator services:
3.2.1 Busy Line Verification and Busy Line Interrupt: Busy Line Verification and Busy Line Interrupt services, which are furnished where and to the extent that facilities permit, provide the Customer with the following options:
A. Busy Line Verification: Upon request of the calling party, the operator will verify that a line is busy. A per-call charge will apply.
B. Busy Line Interrupt: The operator will interrupt the call on the called line to ascertain willingness to establish a conversation with an alternate party only if the calling party indicates an emergency and requests interruption. A per-call charge applies.
3.2.2 Person-to-Person Call: A service where the person originating the call specifies to the operator a particular person to be reached. Person to person can be billed to a calling card, billed to a third number or billed collect.
3.2.3 Third Number Billing Call: A service that provides the Customer with the capability to charge a call to a third party number which is different from the called or calling party number. The party answering at the third party number has the option to refuse acceptance of the charges in advance or when queried by the operator. A per-call charge applies.
3.2.4 Collect: A service that provides the Customer with the capability to charge a call to the called party. Upon the operators announcement of a collect call, the called party has the option to refuse acceptance of charges in advance or when queried by the announcement. A per-call charge applies.
3.2.5 Station-to-Station: Calls completed with the assistance of an operator to a particular station. The call may be billed to the called party. A per-call charge applies.
3.3 Directory Assistance: Customer may obtain Directory Assistance in determining telephone numbers by calling the Directory Assistance operator. Customer may request a maximum of two listings per call.
3.4 Directory Listings:
3.4.1 Options/Types: The Company provides for a single directory listing, termed the Primary Listing, in the telephone directory published by the dominant exchange service provider in the Customers exchange area of the station number, which is designated as the Customers main billing number. Directory listings of additional Customer station numbers, other than the Customers main billing number, associated with the Customers service will be provided for a monthly recurring charge per listing. The following Directory Listing options/types are available:
A. Primary Listing: A Primary listing contains the name of the Customer, or the name under which a business is regularly conducted, as well as the address and telephone number of the Customer. The listing is provided at no additional charge.
B. Additional Listings: In connection with business service, additional listings are available only in the names of authorized Users of the Customers service.
C. Non-published Listings: A non-published listing is a listing that is not printed in directories and is not available from directory assistance. A Non-published Telephone Service will be furnished, at the Customers request providing for the omission or deletion of the Customers telephone listing from the telephone directory and, in addition, the Customers telephone listing will be omitted or deleted from the directory assistance records.
D. Non-listed Numbers: A non-listed number will be furnished at the Customers request, providing for the omission or deletion of the Customers listing from the telephone directory. Such listings will be carried in directory assistance and other records and will be given to any calling party.
E. Foreign Listings: Where available, a listing in the phone directory which is not in the Customers immediate calling area.
F. Alternate Call Listings: Where available, a listing that references a telephone number which is not the primary listing for the Customer. The Customer must provide written verification that the alternate telephone number is authorized to accept calls.
3.4.2 Directory Listings - Terms and Conditions:
A. The Company reserves the right to limit the length of any listing in the directory by the use of the abbreviations when, in its judgment, the clearness of the listing or the identification of the Customer is not impaired thereby. Where more than one line is required to properly list the Customer, no additional charge is made.
B. The Company may refuse a listing which is known not to constitute a legally authorized or adopted name, obscenities in the name, or any listing which, in the opinion of the Company, is likely to mislead or deceive calling persons as to the identity of the listed party, or is a contrived name used for advertising purposes or to secure a preferential position in the directory or is more elaborate than is reasonably necessary to identify the listed party.
C. Each listing must be designated Government or Business to be placed in the appropriate section of the directory. In order to aid the user of the directory, and to avoid misleading or deceiving the calling party as to the identity of the listed party, only business listings may be placed in the Business Section and only residential listings in the Residential section.
D. The Company, upon notification to the Customer, will withdraw any listing, which is found to be in violation of its rules with respect thereto.
E. In order for the listings to appear in an upcoming directory, the Customer must furnish the listing to the Company in time to meet the directory publishing schedule.
3.5 Local Number Portability (LNP): LNP gives Customers the ability to switch local service providers (LSPs) while keeping the same phone number.
3.6 Service Area Codes (SACs): SACs are non-geographic numbering plan areas (NPAs) such as 500 and 700. SACs are supported with the Voice over IP local service.
3.7 900/976 Blocking: 900 and 976 numbers will be blocked.
4. Compression: Voice over IP A LA CARTE, BUNDLED Service(s) and SERVICE BUNDLED Service(s) support the following compression algorithms:
G. 711 Codec Support: Uncompressed voice; and,
G.729a Codec Support: Compressed voice using the G.729a codec.
5. Call Management: Voice over IP A LA CARTE, BUNDLED Service(s) and SERVICE BUNDLED Service(s) provide the following call management features:
5.1 Call Reporting Details via a Company web site (Verizon Customer Center or VCC), which is currently on the following URL: http://customercenter.verizonbusiness.com/.
5.2 Administrative Site Management via a Company Web Site: Via the VCC, Voice over IP provides administrator accounts on a central web site.
5.3 User Self Provisioning & Management via a Company Web Site: Via the Company Customer Center, Voice over IP provides web access for users to set up their phones and administer features and calling treatments.
6. Emergency Calling Services for Voice over IP A LA CARTE, BUNDLED Service and SERVICE BUNDLED Service: Voice over IP enables Customer to access an appropriate public safety answering point (PSAP) by dialing 911 only in locations where such 911 calling is available and only under the limited circumstances described below (Emergency 911 Service). In particular, Customer understands that Emergency 911 Service is not accessible using a Mobile SIP phone (as explained further below and in the Conditions of Providing Emergency 911 Service and Disclaimer of Certain Damages with Respect to Emergency 911 Service Headings within the Terms and Conditions Section of the Guide).
emergency calling services ARE SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH Under THE conditions of providing emergency 911 service and DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE headings WITHIN the Terms and Conditions section of THE GUIDE.
7. Managed Implementation of A LA CARTE Service: The Company will provide the implementation services for the A LA CARTE Service pursuant to the terms and conditions set forth in Section V.9, Schedule G-1.
V. TERMS AND CONDITIONS
1. CONDITIONS OF PROVIDING EMERGENCY 911 SERVICE: Customer is responsible for complying with all applicable emergency calling service laws. The ability to access an appropriate PSAP with VOICE OVER IP depends on the type, configuration and location of the phone used. Customer has the option of using TWO different types of phones (a) a SIP phone provisioned and used in a fixed, identified location (Fixed SIP phone), AND (b) a traditional non-SIP phone provisioned and used in a fixed, identified location.
As of November 28, 2005, all SIP Phones originally provisioned as a mobile phone ( i.e., capable of being used in more than one location) will be DEEMED A fixed Phone. Customers must follow the procedures for registering a new location prior to moving a fixed sip phone.
VOICE OVER IP can ONLY support the delivery of the callers station level phone number to a psap in those cases where such phone numbers were provided to COMPANY during the initial provisioning process. COMPANY cannot provide a specific station location under any circumstances, regardless of the type of phone used. customers who desire station specific location details to display when 911 is dialed must implement private switch/automatic location identification (ps/ali), which allows Customer to build and maintain the 911 records for the telephone numbers associated with a btn (billing telephone number).
Furthermore, much like access to Emergency 911 Service via traditional PSTN local service, access to a PSAP will be unavailable if Customers access circuits or local gateway fails.
Customer will notify all end-users of VOICE OVER IP tHat 911 access to an appropriate PSAP is not available using a Mobile SIP phone and that 911 access to a PSAP is limited as described in this section when any type of phone with cOMPANY.
1.1 Change in Registered Location of a SIP Phone: Effective November 28, 2005, any of Customers subscribers using a SIP phone who want to use it somewhere other than its current registered location, must call Companys Customer Service Center at 877-769-8956 in order to register its new location. These procedures often require a change in the subscribers telephone number. A change in a SIP phones IP address indicates to Company that the phone may have been moved. (Note that turning the power to a phone off and then back on, or unplugging it and then plugging it back in also may cause the SIP phones IP address to change.) If Company detects that the SIP phones IP address has changed, (i.e., a subscriber moves, powers down, or unplugs the SIP phone without having followed this procedure, and Company is unable to confirm that the SIP phone has not been moved, Company will conclude the phone has been moved and will suspend that subscribers service. Service will remain suspended until the subscriber has confirmed to Company that the SIP phone is at its registered location or until a new fixed location within Companys coverage area has been registered for that subscriber at which the phone is located. Subscribers with suspended service will only be able to make outbound 911 calls; however, the call will be routed to the emergency service provider associated with the registered location.
1.2 Fixed SIP Phones (including those reconfigured from Mobile to Fixed SIP phones pursuant to the preceding paragraph): When 911 is dialed on a Fixed SIP phone, the call will be routed to the appropriate PSAP based the primary service address of the calling ANI (Automatic Number Identification may be the calling party number (CPN) or the billing telephone number (BTN) depending on Customers configuration). If moved to a new fixed location, CUSTOMER MUST REPORT THE CHANGE OF LOCATION TO THE COMPANY, AND THE Fixed SIP phone may need to be reconfigured in order for a 911 call to be routed to the appropriate PSAP.
1.3 Traditional Non-SIP Phones (Standard Phones): When 911 is dialed on a traditional, non-SIP (i.e., standard) phone used with Voice over IP, the call will be routed to the appropriate PSAP based on the billing telephone number assigned to the phone.
2. DISCLAIMER OF CERTAIN DAMAGES WITH RESPECT TO EMERGENCY 911 SERVICE
2.1 911 SERVICE IS OFFERED SOLELY AS AN AID IN CONTACTING AN APPROPRIATE PSAP IN CONNECTION WITH FIRE, POLICE AND OTHER EMERGENCIES. THE COMPANY IS NOT RESPONSBLE FOR ANY LOSSES, CLAIMS, DEMANDS, SUITS OR ANY LIABILITY WHATSOEVER, WHETHER SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY OTHER PARTY OR PERSON FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON OR PERSONS, AND FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY, WHETHER OWNED BY CUSTOMER OR OTHERS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED BY: (1) MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFECTS IN THE PROVISION OF EMERGENCY 911 SERVICE, OR (2) INSTALLATION, OPERTAION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, LOCATION OR USE OF ANY EQUIPMENT AND FACILITIES FURNISHING THIS SERVICE.
2.2 THE COMPANY ALSO IS NOT RESPONSIBLE FOR ANY INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSON OR PERSONS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESENCE, CONDITION, OCCASION OR USE OF EMERGENCY 911 SERVICE AND THE EQUIPMENT ASSOCIATED THEREWITH, OR BY ANY SERVICES FURNISHED BY THE COMPANY INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICATION OF THE TELEPHONE NUMBER, ADDRESS OR NAME ASSOCIATED WITH THE PHONE USED BY THE PARTY OR PARTIES ACCESSING EMERGENCY 911 SERVICE, AND WHICH ARISE OUT OF THE NEGLIGENCE OR OTHER WRONGFUL ACT OF THE COMPANY, CUSTOMER, ITS USERS, AGENCIES OR MUNICIPALITIES, OR THE EMPLOYEES OR AGENTS OF ANY ONE OF THEM.
3.3.1 In addition to satisfying the general service availability conditions set forth in Section V.3, BUNDLED Service and SERVICE BUNDLED Service is subject to the following availability conditions: Customers site must be in a geographical area in the United States where BUNDLED service and SERVICE BUNDLED Service is available; all conditions associated with the applicable Internet Dedicated Services must be satisfied.
3.3.2 The following disclaimers apply to BUNDLED Service and SERVICE BUNDLED Service in addition to those general disclaimers set forth in Section V.3: Customer understands that use of the BUNDLED Service or SERVICE BUNDLED Service is restricted in the following manner: (i) For each Customer location, up to two (2) T-1 lines may be utilized (each of which must be purchased as part of a separate bundle); (ii) At any given time, Customer may only place as many concurrent calls as it has purchased simultaneous calling capacity; (iii) Customer may not modify the Company installed design and/or configuration without the previous written consent of the Company; (iv) Customer may not utilize auto-dialers or any similar type of device in connection with Voice over IP; (v) Customer may not utilize Voice over IP in any call center environment or in connection with any similar such application; and (vi) Customer may not use Voice over IP for telemarketing, fax broadcasting, fax blasting, or continuous or extensive call forwarding. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ANY VIOLATION OF THE FOREGOING RESTRICTIONS ON ITS USE OF THE SERVICE WILL RESULT IN THE IMMEDIATE TERMINATION OF THE SERVICE BY THE COMPANY. The Company will install the BUNDLED Service or SERVICE BUNDLED Service from the point of the local exchange carriers smart-jack to Customers premises.
4.1 Provision of Service Equipment
4.2 Maintenance of Service Equipment
4.3 Return of Service Equipment
In addition to the other obligations of Customer contained within Customers Agreement, as supplemented by this Guide, Customer will be responsible for the following obligations:
5.1 Customer-Obtained Facilities: Except as otherwise expressly stated herein, Customer is responsible for obtaining, installing, configuring and maintaining all equipment (including, but not limited to, SIP phones, firewalls and Cisco gateways), software, wiring, power sources, telephone connections and/or communications services necessary for inter-connection with the Companys network or otherwise for use in conjunction with Voice over IP (Facilities). Customer is responsible for ensuring that such Facilities are compatible with the Companys requirements and that they continue to be compatible with subsequent revision levels of Company-provided equipment, software and services. The Company is not responsible for the availability, capacity and/or condition of any Facilities not provided by the Company. Customer is responsible for operation and configuration of its computer(s) and LAN/WAN. If Customer connects any Facilities to Voice over IP that Customer reasonably should know may not be compatible with Voice over IP, Customer is solely responsible for any effects that arise from that connection on Voice over IP, equipment or software of Company, Customer, or any third party, and Customer waives any claims against Company relating to the performance of Voice over IP. Customer may purchase equipment necessary for use of Voice over IP from the Company under the terms of a separate agreement.
5.2 Security: Use of Voice over IP, like other network-based services, carries certain security risks to the systems and networks of Customer, Company and third parties including, but not limited to: misuse; unauthorized access; alterations; theft; destruction; corruption; and attacks (Occurrences). Customer shall, at its own expense, take security measures including but not limited to use of firewalls, passwords, access restrictions, encryption, policies, and physical access restrictions (Security Measures) to protect from Occurrences all Voice over IP traffic, Facilities and other equipment, software, data and systems located on Customers premises or otherwise in Customers control and used in connection with Voice over IP, whether owned by Customer, the Company, or the Companys subcontractors.
Customer agrees that Company is not liable, in contract, tort, or on any other basis, for any loss resulting from any occurrences or use of such VOICE OVER IP traffic, Facilities or other equipment, software, data and systems. Customer is responsible for all security measures, even if Customer uses a third party or company to configure and implement them.
5.4 Customer Sites: Customer agrees to provide the Company and its subcontractors and their respective employees and agents access to Customer's sites where any Service is provided (including access to associated equipment) as necessary for the Company and its subcontractors to provide Voice over IP.
5.5 Customer must provide the Company and/or its subcontractor(s) with any and all information, which is necessary to provide Voice over IP.
5.6 Customer shall allow, authorize and cooperate with the Company and/or its subcontractor(s) to perform the following, whether or not on Customers premises, (i) a site survey and network analysis to determine whether Customers network and facilities will support the provision of Voice over IP, (ii) pre-service testing, on local service facilities, including, but not limited to, verification of features, functions, and services ordered by Customer, and (iii) any other testing involving the provision of Voice over IP, including, but not limited to, post-installation testing.
6. Service Level Agreement for BUNDLED Service and SERVICE BUNDLED Service: Company provides several Service Level Agreements (SLAs) for BUNDLED Service, SERVICE BUNDLED Service, and A LA CARTE Service, which are made a part of this Agreement and are set forth at http://www.verizonbusiness.com/terms. Company reserves the right to amend these SLAs from time to time, effective upon either posting of the revised SLA to that URL or providing other notice to Customer. These SLAs set forth Customers sole remedies for any claim relating to Voice over IP (including the related Internet Dedicated Services and Internet DSL Office for A LA CARTE, BUNDLED Service, and SERVICE BUNDLED Service), including any failure to meet the conditions set forth in these SLAs. Companys records and data are the basis for all SLA calculations and determinations. Under these SLAs, the maximum amount of credit available to Customer in any calendar month shall not exceed the following: (a) for A LA CARTE Service, either the applicable monthly site fee or monthly simultaneous calling charge plus the applicable monthly recurring fee for the related Internet Dedicated or Internet DSL Office service under the related service agreement; or (b) for BUNDLED Service and SERVICE BUNDLED Service, the monthly base charge and simultaneous calling charge that, absent the credit, would have been charged for the BUNDLED Service or SERVICE BUNDLED Service (as applicable) under this Agreement, during such month.
7. Acceptable Use: Use of the Company network, Service Equipment, or Voice over IP must comply with the then-current version of the Company Acceptable Use Policy (Policy) of the countries from which Customer uses Voice over IP (and in the event no Policy exists for a country, the U.S. Policy shall apply). The applicable Policy shall be available at http://www.verizonbusiness.com/terms or other URL designated by the Company. Customer is responsible to insure that each user of Voice over IP adheres to the Policy. The Company reserves the right to change the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer. The Company reserves the right to suspend or terminate Voice over IP effective upon notice for a violation of the Policy.
8. Use of Facilities and Equipment: Not withstanding anything herein to the contrary, the Companys obligation is to furnish Voice over IP consisting of facilities and equipment that are exclusively of the Companys choosing. The Company may substitute facilities or equipment used to furnish Voice over IP, substitute comparable service, or discontinue Voice over IP, at any time.
9. SCHEDULE G-1: Managed Implementation of A LA CARTE Service.
The Company will perform the following design and implementation of Customers A LA CARTE Service network. Upon Customers acceptance of the implementation of A LA CARTE Service by the Company, Customer will be fully responsible for any maintenance and management of Customers network. Customer may enter into separate agreements with the Company for such services.
9.1 Customer Network Design: The Company will provide a Customer Design Document based on a written Statement of Requirements (SOR) agreed to by Customer. Customer Design Document will describe the Customers Network, including:
· Network Physical & Logical Topology
· Hardware & Software Configuration Details
· Route Discovery Protocols (if applicable)
· Application-specific Protocols
· Redundancy Features (if applicable)
· IP Addressing Scheme
The Company will activate Customers Network in conformance with Customer Design Document. The Company will provide additional design consultation for subsequent network changes not described or included in the network information document -- such as an increase to the number of routers in Customers Network or the addition of an application-specific protocol -- at an additional charge to Customer. The Company will provide such additional design and consulting services on a per-project basis in accordance with a separate Statement of Work (SOW) that contains appropriate terms, conditions, rates, and charges agreed upon by the parties.
9.2 Service Implementation and Activation: The Company will implement and activate Customers Network based on the SOR. Under guidance from Customer, the Company, its agents and subcontractors will complete the physical and logical activation of the routers into the Company Voice over IP network. During implementation, the Company may request that Customer provide temporary out of band access to Customers router for trouble shooting or configuration purposes. Should temporary out of band access not be provided to the Company, the Company may work with Customer via e-mail or the telephone for trouble shooting or configuration purposes. Should temporary out of band access not be provided to the Company and work cannot be accomplished via e-mail or the telephone, then Customer will be required to call on their equipment vendor to work with the Company or an on-site Company technician can be provided to Customer at an additional charge.
9.2.1 The Company will project manage and conduct the following activities prior to turn-up of Customers Voice over IP service:
· Coordinate site surveys
· Coordinate and schedule dispatch, installation, and turn up of circuits and CPE
· Test access circuits/DSU/CSU
· Enable data ports
· Ping Customer router at time of activation
9.2.2 The Company will conduct the following activities upon turn-up of Customers Voice over IP service:
· Review Customer Design Document
· Provide Voice over IP-specific router configurations that meet the requirements of Customer Design Document
· Integrate router into production network
· Tune post-implementation router configuration for up to 10 days following activation
· Verify operation of Voice over IP Network to include operation of SIP phones
9.2.3 Assist in activation of Enterprise Gateway Port
9.3 Voice Quality Evaluation / Benchmark Testing: Prior to presenting Voice over IP Service to Customer for acceptance, the Company will perform a voice quality test of Customer's application with the intention of benchmarking Customer's voice quality. This test is designed to detect potentially troublesome combinations of round trip latency, loss, and jitter that can ultimately impact voice quality. The test consists of a continuous 10 ms stream of time-stamped sequenced data (pings) conducted in the presence of Customer's data traffic to ensure that voice and data traffic coexist with acceptable voice quality. Following satisfactory results of the voice quality test, the Company will proceed with the handoff of the Voice over IP Service to Customer for management, as described in Section V.9.4 below.
Should the Company deem the results of the voice quality test unsatisfactory, the application will be analyzed for possible changes within the Company network and/or recommendations for changes within Customer Network. Customer will be given a reasonable amount of time to make any recommended changes within Customer Network. The handoff of the Service to Customer will not occur until the test is deemed a "Pass" by the Company. Should voice quality not improve to the Companys satisfaction upon utilizing the standard methods of improvements within the Company network and/or application of the recommended changes within Customer's network, the Company reserves the right to withdraw the Voice over IP Service. If Customer refuses to make the recommended changes within its network and voice quality is deemed unsatisfactory, the Company reserves the right to withdraw the Voice over IP Service and Customer will remain responsible for any charges associated with the purchase of any equipment for use with Voice over IP Service pursuant to the terms of the relevant agreement for the purchase of the equipment.
9.4 Customer Acceptance of Voice over IP network implemented by the Company: After completion of the implementation of Customers network and the voice quality testing, the Company will provide notice to Customer that all implementation activities have been completed and will conduct a formal hand-off call with Customer and appropriate Company organizations to review Customer Network Design and Trouble Management procedures. The Company will provide Customer a written document containing all information relative to Customers network design at the time implementation was completed and Voice over IP was handed-off to Customer for on-going maintenance and management. Customer will provide the Company with notice within 72 hours if Customer believes the Company has not completed all implementation activities in accordance with the network information document or an SOW as described above. If Customer does not provide such notice, the implementation activities will be deemed to be accepted by Customer. Upon Customers acceptance of the implementation of Voice over IP Service, any maintenance or management of Customers network is the sole responsibility of Customer.
9.5 Post-Implementation Trouble Management: Upon Customers acceptance of the implementation of Voice over IP Service, Customer will be fully responsible for any maintenance and management of Customers network. Customer may enter into separate agreements with the Company for such services. Should Customer require Company assistance in post-implementation trouble management, the Company is limited to assisting with the following activities, pursuant to Customers Agreement, as supplemented by the respective section of this Guide:
9.5.1 Clear any troubles within the Company network up to the point of demarcation between Customer site and the Company network. In order to clear troubles up to the point of demarcation, the Company may request Customer make available to the Company the router vendor or a qualified Customer employee for the purpose of trace route testing. Should Customer have ISDN PRI Service from the Company to interoperate with their Voice over IP Service, the vendor or a qualified Customer employee who has technical expertise to include knowledge of ISDN D channels, ISDN layers 1, 2 and 3, ISDN circuit configurations on Customers Gateway Router and advanced telephony principals must be provided.
9.5.2 Provide Customer with additional copies of the original router configuration at the time implementation was completed and Voice over IP handed off to Customer for on-going maintenance and management. In this scenario, the Company may request that Customer provide temporary out of band access to Customers router for the purposes of trouble shooting and/or restoring router configuration to its original state at the time implementation was completed and Voice over IP was handed-off to Customer for on-going maintenance and management. Should temporary out of band access not be provided to the Company, the Company may work with Customer via e-mail or the telephone for trouble shooting or configuration purposes. Should temporary out of band access not be provided to the Company and work cannot be accomplished via e-mail or the telephone, then Customer will be required to call on their equipment vendor to work with the Company or an on-site Company technician can be provided to Customer at an additional charge.