VoIP SERVICE SUPPLEMENT-092109

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 www.airband.com/GeneralTerms&Conditions092109.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. VoIP Services are an Internet Protocol (IP)-enabled communications service with voice functionalities. VoIP Services may include other features, which may be changed, deleted, upgraded, modified or added to at any time without prior notice. Standard VoIP Services includes domestic calling. Domesitic Calling means voice calls to or from locations within the United States. International calling is available on a requested basis. International Calling means call to locations outside of the United States. 

2. Rates. Customer shall pay rates for VoIP Services at Airband’s rates effective on the date of such use. Rates and additional terms applicable to VoIP Services are posted at www.airband.com/[insert]. Rates are subject to change without notice.

3. Caller ID Changing. 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.

4. Fraud Prevention. Customer has the sole responsibility to monitor and prevent fraud on their VoIP Service and ensuring that 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.

5. Predictive Dialers. VoIP Service doe not support predictive dialers applications. In the event that one of the two following call types occurs, Airband reserves the right to apply additional charges as follows:

1. Unanswered Calls: If less than 60% of Customer’s total call attempts are completed (or more than 40% are incompletes) in any calendar month per trunk group or DSO circuit, Airband reserves the right, as Airband’s sole discretion, to either disconnect the circuit or to charge $10 per DSO per month per trunk group.
2. 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.

6. Special Provisions.

1. 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.
2. 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 or and 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.
3. 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. 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.
4. 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 intend 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.