VoIP SERVICE SUPPLEMENT
This VoIP Service Supplement (“VoIP Supplement”), together with the Service Orders under which Customer orders Airband VoIP Services (“VoIP Services” or “Services”) and the Airband Standard Terms and Conditions (“Standard Terms and Conditions”) found at http://www.airband.com/GeneralTerms&Conditions011510.pdf are collectively referred to herein as the “Agreement.” The Agreement will govern Customer’s use of VoIP Services and provision of VoIP Services by Airband or any of Airband’s Affiliates.
1. Services Description. VoIP Services are an Internet Protocol (IP)-enabled communications service with voice functionalities. The functionalities and features of VoIP Services are set forth on the applicable Service Order and may change without notice. In no event shall Airband be required to provide more features or functionalities that what is available on the hardware and software used by Airband to provide the VoIP Services. Airband may, in its sole discretion, require that Customer bundle the purchase one or more types and volumes of Services, whether VoIP Services or other Services. The bundled Services and rates for such Services shall be set forth on the applicable Service Order or in the rate sheets referred to in this VoIP Supplement. A general description of the different types of VoIP Services are as follows:
a. Domestic Long Distance. Domestic Long Distance Services allow Customer to terminate traffic to the Public Switched Telephone Network (“PSTN”) in the 48 contiguous United States and the District of Columbia using an IP interface.
b. International Long Distance. International Long Distance Services allow Customer to terminate traffic to international locations, as such international locations are set forth on the calling rates posted at https://webapps.airband.com/airbandonline/SupportCenter/VoIPGuides/tabid/172/Default.aspx Customer shall pay Airband the rates for International Long Distance posted on the date such calls are initiated. Rates for International Long Distance are subject to change without notice by Airband posting new rates at the webpage referenced in this paragraph.
c. Toll Free Services. Toll Free Services allow Customer to receive 8XX toll free traffic from the PSTN using an IP interface. Customer shall pay Airband the rates for Toll Free Services within the contiguous 48 United States as set forth on the Service Order. Customer shall pay Airband for extended US and international toll-free calling at Airband’s rates effective on the date such use is initiated. Extended US and International calling rates and geographical locations are posted at https://webapps.airband.com/airbandonline/SupportCenter/VoIPGuides/tabid/172/Default.aspx Rates are subject to change without notice by Airband posting new rates at the webpage referenced in this paragraph.
2. Local and Inbound Calls Threshold. If, over any consecutive three month period, the monthly average per Station (if Hosted-Station-Based) or per line (Line-Based) or per Trunk (if Trunked-Based) of Customer’s use the Services for Local Outbound Calls plus all Inbound Calls equals or exceeds 1,250 minutes of use, Airband shall have the right without notice, to charge Customer in the future for the Services in accordance with a rate plan reflecting such use. Airband’s records shall be the sole basis for all calculations described in this section. Local Outbound Calls are all calls that, according to Airband’s records, originate from the Customer location set forth on the Service Order and terminate in the same local calling area, as that local calling area is defined by the incumbent local exchange carrier. Inbound Calls are all calls that, according to Airband’s records, terminate at the Customer location set forth on the Service Order regardless of where such calls originate.
6. Caller ID. Customer shall not change its outbound caller identification number. In the event that the Customer does change any of its outbound caller identification numbers, Airband reserves the right to charge Customer an additional $0.10 per minute surcharge to all outbound minutes.
7. Fraud Prevention. Customer has the sole responsibility to monitor and prevent fraud on their VoIP Service and ensure the security of its voicemail password and portal passwords. Passwords should be a minimum of 6 digits, non-repeating, non-patternized or sequential numbers. The customer shall be financially responsible to Airband for any fraudulent usage charges incurred, regardless of Customer’s involvement.
8. Predictive Dialers. VoIP Services do not support predictive dialer applications. In the event that one of the two following call types occurs, Airband reserves the right to apply additional charges as follows:
a. Unanswered Calls: If less than 60% of Customer’s total call attempts are completed (or more than 40% are incomplete) in any calendar month per trunk, lines or hosted station, Airband reserves the right, at Airband’s sole discretion, to either disconnect the circuit or to charge $10 per month per trunk, line or hosted station.
b. Short duration calls: If 10% or more of Customer’s completed calls are equal to or less than 6 seconds in length (each a “Short Duration Call”) during any calendar month, Airband reserves the right to charge an additional $0.01 surcharge per Short Duration Call, which surcharge shall be in addition to Customer’s other charges.
9. Additional Provisions.
a. Customer acknowledges that the voice-enabled Airband Equipment used to provide VoIP Services requires electricity to work, and that the VoIP Services, including the ability to access 911 services and home security and medical monitoring services, may not operate in the event of a power outage or if Customer’s internet connection is disrupted or not operating for any reason. Customer further acknowledges that any battery included in the voice-enabled Airband Equipment may enable back-up service for a limited period of time or not at all during power outages, and that inclusion of the battery does not ensure that VoIP Services will be available in all circumstances.
b. Airband will not be responsible for any losses or damages arising as a result of the unavailability of VoIP Services, including but not limited to inability to reach 911 or other emergency services, or to contact Customer’s security or monitoring systems provider. Airband does not guarantee or represent that the VoIP Services will operate with any security or monitoring services. Customer shall be solely responsible for contacting all of Customer’s security and/or monitoring providers to test Customer’s system’s operation with the VoIP Services. Customer shall be solely responsible for the cost of any such testing and any fees for configuring Customer’s security or monitoring systems to work with the VoIP Services. Customer further acknowledges that the Services are subject to certain laws and regulations and that Airband reserves the right to modify the Service or require Customer to provide additional information or make changes for Airband to continue providing the Service in compliance with any applicable laws or regulations.
c. The location and address associated with VoIP Services will be the address identified on the Service Order. Customer shall not move Airband Equipment from the location and address in which it has been installed unless otherwise consented to by Airband. If the voice-enabled Airband Equipment is moved to an address different than that identified on the Service Order, calls from the voice-enabled Airband Equipment to 911 will appear to 911 emergency service operators to be coming from the address identified on the Service Order and not the new address.
d. In the event of a material error or omission affecting Customer’s directory listing information, regardless of form or fault by Airband, including the erroneous inclusion in published directory listings of any information that Customer intends not to have published, Customer’s sole remedy shall be a service credit in an amount set by Airband’s then-current standard policies or an amount prescribed by applicable regulatory requirements, whichever is greater. Airband shall have no other liability for errors, omissions or mistaken inclusions in directory listings.
