HomeMy WebLinkAboutDeltacom Agreement For Service - 2010 03 04 AGREEMENT ��
de ltaom!
FOR ntaWo *What SolOtIors
SERVICE
Date: 2/17/2010 Quote ID: Q6UJ9A11 PPBC
Account Executive: Jason Doane Sales ID: 1103
Association: Assoc. ID:
Sub Agent ID: Referral ID:
Customer City Of Winter Springs
Address: 1126 E SR 434
Wrnter Springs , FL 32708
USA
Telephone#: 407- 327 -5750
E- Mail:
Tax Exempt -- NO _ Tern Plan — 3 Year(s)
Service DE scrl Ion "gLY List MRC
Local Service
SIMPLI- VOICE_3 YR 1 ERM 3 43.70 131.10 "
Simplici -T 3.0 PRI Voic? Only 1 880.00 880.00
T 1 0.00 0.00
PKG EXPANDED CALLING SRV 3 0.00 0.00
DID 20 Number Block 13 5.00 65.00
Local Volume Discount 35 % (9.45) . (330.75)
Local Additional Volum : Discount . . 5. % (9.45) . (47.25)
•
Local Term Discount 10 % (5.67) (56.70)
Long Distance
. I Package 10094 Waived 1 0.00 0.00
T LD Out FL/LA 0.00
Rates/Overag t Inter 0.0566
RateslOverag t Intra 0.0566
Long Distance Inciudec Minutes 5000 0.00 0.00
Conference Calling Fre Minutes 100 0.00 0.00
Toll Free Service Fee PI/C - Dedined 1 0.00 0.00
•
Misc. Fees •
Adtran 612 1 0.00 0.00
Internet/Data
Total Monthly Charges $ 641.40
Total Installation Fees Billed $ 0.00
One Time Charges $ 0.00
• -I
Page 1 oft QuoteIDQ6W / 9A11PPBC Initial � _
h MOTOROLA IT the Stylized M Logo ere reelstered to the U6 Nitwit & tTEdemerk Orilu:. All othnr product or smite names am the popr:rpr of Ihnlr rcespecOve ownnra, A Motorola,
Inc 2006 Atl rights rrserved.
deltacomr
Acsaborsesibist flusinces Saluda is
Quote ID: Q6UJ9A1 IPPBC
LETTER OF AUTHORIZATION
❑ Ante! Fl SBC
® BellSouth ❑ Sprint
❑ Verizon ❑ Sugarlan.l
Date: February 17, 2010
TO: b4r16.--
•
•
The undersigned appoints Deltacom, NNt:. (°Delta) :om ") as agent with authority to request my Customer Service
Record solely for the purpose of discussing the pr eslble services that Deltaoom may offer. This document does not
constitute the undersigned's agreement to purcha se any service from Deltacom and does not give Deltacom
authority to request any change in the undersigns is service with the current carrier.
rr•e.n m iy deal directly with my agent and provide the requested records.
FROM:
Customer: City Of Winter Springs
Location Address: 1126 E SR 434
City: Winter Springs State: FL Zip: 32709
Billing Telephone Number(s): L i 0 7 — 3A1 S 7,s O
Billing Telephone Number(s):
Billing Telephone Number(s):
Billing Telephone Number(s):
Authorized Customer Signature: x
Customer Name (Please PRINT clearly): 4, evin 2. Smith •
Title: t City Manager
www.deitacom.com
Customer Care' Center 1.600 - 2394000 •
de i t a c 0 rtir Customer Care Center 1-800 -239 -3000
AOcpiseeblt Sulam 9 e Quote 0 : Q6UJ9A11PPBC
Letter of Agency fo - Change in Service Provider
Date: 2/17t2O l0 Acct #: - Sales Rep:
Customer Name: City Of Winter Springs Association #:
Rifting Address: 1126 E SR 434 Telephone #:
City: Winter Springs Mate: FL Zip: 32708 Fax #:
OUTEOUND SERVICE FORMAT ON
BTN 1 40,7=317-5750 BTN 1 BTN 1
Arm 407 - 327 -1800 DID #riding the PRI ATN 407- 327 -3047 Analog
WTN 407 - 327 -1000 DIDtriding the PRI WTN 407 - 327 -3419 Analog
WTN 407 - 327 -2669 DID #riding the PRI WTN 407 - 327 -5488 Analog
In the event that this Letter of Agency ( "LOA') is for a mutii•I ne and/or multi - location business end that Customer hasa term agreement for
service with Deltacom, Customer, by signing this LOA, auth sizes Deltacom to add fines and/or locations to Customer's account during the
course of the term of the agreement for service. No additional LOA is required to add lines and/or locations during the term of the agreement,
and this LOA will be valid for the term of the agreement prof ided the Customer has not submitted written revocation of this LOA to Deltacom.
If &reliant tom above, indicate customer name fisted with c irrent Local carrier
See attachment for additional order information.
Customer hereby authorizes Deltacom to act as agent 01 Customer's behalf for the purpose of adding/Meting Ines and services
with Customer's current telecommunication service pro riders necessary to provision the Delacom services requested by
Customer.
Customer understands that there may be a charge(s) associated with changing local and /or long distance service providers and
*a may be a charges) to change back to the original long distance and/or local carrier. Customers may consult with Deltecom as to
r a fee applies to the change. Customer understands that the above fisted numbers will be transferred to Deltacom.
I 1J OCAL SERVICE: If initialed, Customer hereby designates Deltacom, Inc., CDeltacam"j, as agent for Customer for the purpose of
ch gang Customer's current local exchange terrier to Delta xm on the telephone number(s) listed above end/or to be assigned to Customer
b ltacorn. Customer understands that only one caner may be designated as Customer's local exchange carter for any one telephone
NG DISTANCE SERVICE: If Initialed, Customer her aby designates Deftacom, Inc., ( "Deltacom"), as agent for Customer for the
purpose of changing Customer's primary long distance serve provider to Deltacam on the telephone numbers) listed above and /or to be
assigned to Customer by Deftacom. Customer understands hat in some areas Customer may designate one interexchange carrier ("IXC ") for
inteaLATA and one IXC for intraLATA calls. -`
InterLATA only i ntra LATA only J_ Both
/ City Manager
Authorized Signakire . tNemnejKevin L. SmitItti pg, 03 -04 -2010
Your signature will raw : a change ' local and/or long dist ince service provider as Initialed for the telephone number(s) Tlstedldescnbed above.
Customer acknowledges by signature at they have not signed a iy blank or incomplete pages and is authorized to make these changes.
OV ' .
NGE FREEZE If initialed, at no additional charge o Customer, Customer requests Deltacom to place a CHANGE FREEZE on
the numbers fisted above in an effort to prevent future locagi mg distance Cartier changes made without Customer's written consent
(Only available where Deltacom is the Local Exchange Cari w for Customer) and Apermitted by law.
Local InterLA only _ _ Mira LATA only II All •
City Manager
03 -04 -2010
Authorized Signature rint Name Kevin L Smith Title +r D ee� l ee
•
d e I t a c o ni r Customer Care Center 1.1100.239.3000
AomuntalM t�fl6frfe s Quote ID: Q6T7)9A 11 PPBC
Letter of Agency for Change in Service Provider (Continued)
Date: 2/17/2010 Acd #: Sales Rep:
Customer Name: City Of Winter Springs Association #:
Billing Address: 1126 E SR 434 _ Telephone #:
City: Wintcr Springs _ State: FL 3270$
gyp: Fax #:
l u VBOLND SERV CE IN= QRMATION
WTN 407 - 327 -5950 thru 407 - 327 -5999 WTN
WTN 407 - 327 -6550 thru 407 - 327 -6599 WTN
WIN 407 - 327 -7550 thru 407 - 327 -7599 WTN
WTN 407 - 327 -7950 thru 407 - 327 -7999 wrN
WTN 407 - 327 -8950 thru 407 - 327 -8999 WTN
WTN WT WTN
WTN WT N WTN
WTN WTN WTN
WTN WT N WTN
WTN WIN WTN
WTN WT V WTN
WTN WIN WTN
WTN WTN _ WTN
WIN WT V WTN
WTN WT V WTN
WIN WIN WTN
WTN WTV WTN
WIN WT V WTN
WIN WT V WTN
WTN WT V WTN
WTN WT V WTN
WTN WT J WTN
WTN WT d WTN
WTN W1 WTN
WTN WT4 WTN
WTN WT WTN
WIN WT r WTN
Kevin L. Smith City Manager
Authorized Signature Prat 1' met- rile X Dotage 03-04-2010
FOAM 6 'Customer meiowleages met mfr be fueling to el smites of Me hawnbenl eschews timifr in some areas.
Page2of2
` Numher Portability Worksheet Quote ID: t;r�A 11PPBC
Customer City Of Winter Spiess Date Presented 03-04-201
LEC /CLEC BTN 4O 7 — 7 , 5 -0 Customer Slgr>ature r(
— TN OP V:T'J LEC CLEC ❑TU _CC _CC t.
; I'; r: ti illlicr U = C
407 - 327 -575.0 $TN #
407-327-1800 DID #riding PRI
- 407 - 27- # n g PRI
DID riding PRI
407 - 327 -3047 Analog
407 - 327 -3419 Analog _
407 - 327 -5488 Analog
407 - 327 -5950 thru 407- 327 -5D99
4 4 p 0 7 7 - 3 6550 thru 407 -327 -6529 .
407 - 32 79 p thru 18
407 - 327 -8950 thru 407- 327 -899
4 • — —
Action Codes: Possible One to One Paths: Number Use:
Remain with Current Carrier - "RCC" Fax Lines Voice, Fax, Modem, Alarm, Etc.
Remote Call Forward - "RCF" Modem Lines
Disconnect - "Disc", "Disc - UNE" Voice Mail Lines
If Disconnect = Is Message Required? Options a)
"New Number Is"; b) The Number is No Longer in
Service"; c) No Message Required'
Explanations Required on ALL "RB's"
AE Signature
NOTE; moose associate WINS to a Me 61N.
Customer Proprietary Network Information. As D :ltacom provides Service to you, Dcltacom develops information about the quantity,
technical configuration, type and destination of pp ducts and services you use, together with other information about you found on your
bill ("Customer Proprietary Network Information' or "CPNI "). Your telephone number, name and address are not CPNI. Under federal
law you have a right, and Deltacom has a duty, to protect the confidentiality of CPNI. In order to allow Deltacotn to serve you in the mos
effective and efficient manner, you agree that Dell acorn may use or share CPNI with Deltacom's affiliates for purposes of determining
and offering other Deltacom products and services that may interest you. Your permission to use CPNI for this purpose is valid until
revoked and shall survive the termination of your .services_ However, if at any time you wish to revoke your permission to allow
Deltacom to use CPNI for this purpose, you may c o so by calling 800- 239 -3000. option 2.
Denial of approval for Deltacom to use CPNI will not affect the provision of your Service.
Agency. You hereby designate Dcltacom as your : gent to request your service record information from your current telecommunications
provider.
Agreement for Service: You hereby agree to pact ase the products and services ( "Service ") described in this Agreement from DeltaCom,
In.c. ( "Deltacom ") for the Term shown above subje ct to the Standard AFS Terms and Conditions and any applicable tariffs, which are
specifically incorporated into this Agreement by tl is reference. The Standard AFS Terms and Conditions and many of the tariffs may be
viewed at the following site: http:// www. deltacom . :om/terms_conditions.asp. If a tariff for your state is not posted, you may check with
your State's public service commission or relevant authority. By your signature you agree to the terms and conditions stated above and
acknowledge you are authorized to sign this Agree ment and purchase the Service.
/
Authorized Signature: Print Name X Kevin L. Smith
rtia % City Manager
Date 03 - 04 - 2010
Authorized Contacts % J • a of a
Deltacom Acceptance .•-• Print Name ' 4 1 —) /460
Title / /,' Date
`Pricing is valid 30 days from date on Proposal and does not include E911 Charges, Taxes or Surcharges.
Agency. MOTOROLA and the Stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names
are the property of their respective owners. CI Mote.rota, Inc. 2008. All rights reserved.
ago Page 2 sf 2 QuoteIDQ6UJ9A11PPBC
MOTOROLA and the Slyered M Lege ere regste ed in the US Parerd & Trademark Olean. Alt other pry or servile names are the property either respective Owners. C Motorola,
Inc, a00e. All riphte reserved.
deItaco n!r
Standard AFS Terms and Conditions
Customer Care Center 1 -800- 239 -3000
Agreement Customer hereby agrees to i) all the rates, terms and conditions bf the Agreement for Service ( "AFS ") signed by the
Customer, including these Standard AFS Terms and Conditions incorporated therein (collectively, the "Agreement "); ii) the rates,
terms and conditions of the state and federal tariffs of Deltacom, Inc. ( "Deltacom "); and/or iii) the rates, terms and conditions that
appear on Deltacom's website (www.deltacom.com) to the extent that state and/or federal tariff do not otherwise apply, in each
case as the same exist or maybe modified in the future by Deltacom, including limitations on Deltacom's liabilities. The Service
is intended only for the non - residential use of Customer, its authorized agents and employees, and may not be resold without the
prior written consent of Deltacom.
Initial Term and Renewal Term (together "Term") The initial term of a Service provided under the Agreement ( "Initial
Term ") shall commence on the following date, as applicable: (i) for long distance service, the date of Customer's first usage; (ii)
for all other services, the date the Service first becomes available to Customer; or (iii) if Customer purchases more than one
service, the date the final Service becomes available to Customer. Customer agrees to an Initial Term of no (month- to-month),
one (1), two (2), three (3) or four (4) year(s), as indicated on the AFS. Upon expiration of the Initial Term (if one year or longer),
the Agreement shall automatically renew for successive one (1) year terms (each one (1) year term, a "Renewal Term ") unless
either party notifies the other of its intention to terminate the Agreement at the end of the Initial Tenn or Renewal Term, as the
case may be, which such notice (the "Notice") shall be in writing and provided to the other party at least thirty (30) days prior to
expiration of the Initial Term or the Renewal Tenn, as the case may be. In the event of such Notice, the Agreement shall
terminate upon the expiration of the Initial Term or Renewal Term, as the case may be. Customer shall notify Deltacom in
writing if the Customer contact person is changed. Deltacom reserves the right to reject any Customer termination request
received from any person other than the designated Customer contact person.
Our Best Guarantee If Customer is not satisfied with any Service provided by Deltacom under the Agreement, Customer shall
provide written notice specifying the performance deficiency in the Service and allow Deltacom twenty (20) business days from
Deltacom's receipt of notice ( "Notice Period ") to bring the deficient performance to customarily acceptable industry performance
standards ( "Cure "), or if not capable of Cure within such notice period, make reasonable progress toward such Cure during the
Notice Period. The written notice must cite this provision and reasonably detail the deficient performance, and must be submitted
by mail, registered, or certified mail, return receipt requested to Customer Care Center, Attn: Disconnect Processing Team, P.O.
Box 1301 Arab, AL 35016; or by email with confirmed receipt by Deltacom, to disconnect@.deltacon.com; or by facsimile
transmission, with confirmed receipt by Deltacom, to 1- 800 -488 -1386. Should the parties agree in writing that Deltacom failed to
Cure or make progress toward such Cure within the Notice Period, Deltacom will terminate the applicable Service upon request
of Customer received by Deltacom at least thirty (30) days prior to the termination becoming effective and Customer shall be
responsible for paying all accrued charges for any Service used by Customer through the date of termination.
Termination Notices Any Customer notice of termination of the Agreement or any Service hereunder, other than for deficient
performance under the Our Best Guarantee provision, must be received by Deltacom at least thirty (30) days and no more than
sixty (60) days prior to the termination becoming effective. The notice must be in writing and submitted by mail, registered, or
certified mail, return receipt requested to Customer Care Center, Attn: Disconnect Processing Team, P.O. Box 1301 Arab, AL
35016; or by email with confirmed receipt by Deltacom, to disconnect @deltacom.com; or by facsimile transmission, with
confirmed receipt by Deltacom, to 1- 800 -488 -1386.
Discontinuance Charge If Customer terminates the Agreement or any Service hereunder, for any reason, after execution by
Customer and before the expiration date of the Initial Term or Renewal Term, as applicable, even if prior to commencement of
the Initial Tenn, Customer shall be in breach of the Agreement and shall incur a "Discontinuance Charge" calculated as the sum
of the following: (A) for long distance service, the Annual Usage Commitment (defined below) amount, if applicable, for the
Initial Term or Renewal Term, as applicable; and (B) for all other Services (except for Simpli- Business and Simpli- Mobile
Services for which the charge for early termination is provided in their Supplemental Terms and Conditions below), the product
of (i) the monthly recurring charge for the terminated Services; multiplied by (ii) the number of months remaining in the Initial
Term or Renewal Term, as applicable, following the termination date for such Services; multiplied by (iii) fifty percent (50 %). In
addition, the Discontinuance Charge shall apply if Customer moves to a location and does not transfer Deltacom's Services to
such new location or relocates outside of Deltacom's service area. Because damages resulting from early termination would be
difficult to determine, the parties agree that the Discontinuance Charge is a reasonable approximation of such damage and shall
be considered a liquidated damage and not a penalty, provided that in the event that the foregoing is unenforceable, in whole or in
part, for whatever reason, Deltacom will be entitled, in addition to any other remedy available at law or in equity, to recover the
costs, both internal and external, it incurred to implement and discontinue the Services, including, without limitation, the
following. (x) the costs incurred by Deltacom in installing and servicing Customer's account, including any waived installation
charges; (y) the cost of any Incentives (defined below); and (z) any miscellaneous charges incurred for dedicated access,
including but not limited to engineering fees, expedite fees, carrier and local exchange service order fees, change order charges,
miscellaneous configuration charges, etc. ( "Dedicated Access Fees ").
1 Rev 10 -8 -2009
de tacom
Move of Service. Customer may request a Service be moved to a new location by contacting Deltacom's Customer Care Center
1- 800 -239 -3000, at least forty-five (45) days in advance of the intended move date. So long as the new location is in an area
served by Deltacom, Deltacom will move the Service to such location. If the date the Service is moved (the "Move Date ") is (a)
during the first eighteen (18) months of the Initial Term, Customer agrees to (i) pay a move fee of $1,000, and (ii) a new Initial
Term of equivalent length of the original Initial Term (e.g., original Initial Term was for 3 years, then upon a move of the
Service, Customer agrees to a new Initial Term of 3 years commencing when the Service becomes available at the new location);
or (b) after the first eighteen (18) months of the Initial Term, Customer agrees, at Customer's option, to either (i) pay a move fee
of $1,000, or (ii) a new Initial Term of equivalent length of the original Initial Term. The rates, taxes, fees and other charges for
any moved Service are subject to change to reflect the change of the cost to Deltacom of providing the Service at the new
location.
Use of Service. Customer may not resell any Service without Deltacom's written consent or use, or attempt to use, any
Service for any fraudulent, unlawful, improper, harassing, excessive, harmful, or abusive purpose ( "Improper Uses "), or
so as to adversely or negatively impact Deltacom's customers, employees, business, ability to provide quality service,
reputation, or network, or any other person. Deltacom may determine on a case -by -case basis what constitutes Improper Uses.
Improper Uses may include, without limitation: (a) using an automatic dialer or program; (b) sending unsolicited messages or
calls; (c) attempting to interfere with the access of any user, host, or network; (d) identity theft; (e) attempting to decipher,
decompile, or reverse engineer any software; (f) posting or transmitting unlawful, infringing, or objectionable content as
determined by us; (g) Caller ID spoofing, (h) probing, or attempting to tamper with or harm Deltacom's systems, network, or
customers; or (i) reselling or attempting to resell any aspect of the Service, whether for profit or otherwise. Customer shall
indemnify and hold Deltacom harmless for any costs incurred by Deltacom relating to such Improper Uses. If Deltacom suspects
a violation of this provision, Deltacom may: (i) begin legal action; (ii) suspend or terminate Service immediately and without
prior notice; (iii) suspend or terminate service provided to Customer under any other agreement with us; and (iv) cooperate with
law enforcement in prosecuting offenders. Customer agrees to cooperate with Deltacom in investigating suspected violations.
Deltacom may terminate Customer's Service or change Customer's rate plan at any time, with notice, if Deltacom determines, in
Deltacom's sole discretion, that Customer's use of the Service is excessive, unusually burdensome, or unprofitable to Deltacom.
Deltacom reserves the right to block international calling and calls to 900, 976, 700 numbers and other "pay -as- you -call" services
unless special arrangements have been made with Deltacom. Customer is liable for all unauthorized and/or fraudulent use of
Service and Deltacom retains the right to analyze any and all information at its disposal, including credit surveys, call detail
records and any other information to confirm unauthorized use. Customer shall pay for unauthorized.or fraudulent use of service
at Deltacom's highest usage charges applied to network usage and attempted network usage, whether or not a terminating
connection was achieved, plus all costs incurred by Deltacom to detect, discover, observe, investigate, analyze, examine and
locate the party responsible for unauthorized or fraudulent use.
Vendor Charees Customer is responsible for the payment of all charges for the services provided by Customer's phone system
and other vendors, even if the AFS shows that installation charges are waived.
Incentives "Incentive(s)" include, but are not limited to, free or discounted services under a term discount, waiver of any fees
(i.e., installation charges, loop charges), waived rental or other charges for the use of equipment, etc. The amount of the
Incentives shall be calculated as the difference between the fees paid by Customer and the fees Customer would have incurred
without the Incentive plus the then current purchase price for any equipment received under an Incentive (i.e., data CPE:
multiplexers, CSU/DSU, routers, etc.) if Deltacom is unable to retrieve the equipment.
Underlvin¢ Facilities Deltacom will generally be required to provision part of the Service using "last -mile" or "local loop"
facilities from the provider of Deltacom's choice, Deltacom's charges to the Customer will be based upon actual tariffed rates
filed by the dominant Local Exchange Carrier ( "LEC ") operating in each LATA or charges by other "last- mile" or "local loop"
service providers used by Deltacom, and are subject to change upon notice to Customer. Deltacom cannot guarantee rates from
third -party providers until orders are placed and availability is confirmed If, prior to commencement of Service, the rates for the
underlying facility, based on actual circuit configuration or provider, changes from the rate used in calculating the price reflected
in the AFS, then Deltacom may revise the pricing provided to Customer (including all resulting monthly recurring and non-
recurring charges) and will provide Customer with notice of such new pricing for approval to proceed with the Service; provided
that Customer may cancel an order for a Service without a Discontinuance Charge within ten (10) days of Deltacom's notice if
Customer does not want the Service at the new pricing. Customer shall be solely responsible for payment of any charges or
termination liability levied by Customer's equipment vendor or underlying facility provider associated with any special
construction or equipment needed to provide facilities into Customer's premises or the cancellation thereof. In the event that the
nonrecurring costs to be incurred by Customer associated with the delivery and installation of the underlying facility and
establishment of Service are estimated to exceed an amount equal to the monthly recurring charge of the Deltacom Service,
Customer may terminate the Agreement without a Discontinuance Charge within the earlier of (i) thirty (30) days of execution of
the Agreement, or (ii) ten (10) days from the notification by Deltacom of the need for special construction or equipment for the
provider of the underlying facility and the estimated cost thereof.
2 Rev 10 -8 -2009
de [tacom,V
Idle Service Charge (if applicable) Customer shall accept the Service no more than ten (10) business days after the underlying
facility has been installed or within ten (10) business days of a reasonable attempt by Deltacom to install the Service. If the
Service is not accepted within this time frame, an idle service fee of $195 per T -1 may be assessed and applied to the Customer's
account on a monthly basis until the Service is accepted. Acceptance is denoted by the completed installation of all Services
ordered. Upon Service acceptance, the monthly charge will cease.
Internet Access (if applicable) If Customer elects to receive Deltacom Internet Access and/or Email Access ( "Access ") as part of
the Agreement, Customer covenants that none of Customer's intemet content, Email content, transmission or any other intemet
activities will be in violation of any local, state, federal or international laws, regulations or treaties or Deltacom's Acceptable
Use Policies. Any such violations may be grounds for termination of the Access. Customer agrees to abide by Deltacom's
Acceptable Use Policies, which are available for review by Customer at httpl /www.deltacom.com/terms conditions.asp, or any
successor URL which may be located on the Deltacom website. • Deltacom provides no user access security with respect to any
of Customer's facilities or facilities of others. Customer shall be responsible for user access security and network access. Data
transmitted over wireless devices may not be secure and may be intercepted by others unless Customer takes appropriate security
measures. Deltacom will assist in network security breach detection or identification at Deltacom's standard rate, but shall not be
liable for any inability, failure, or mistake in doing so. • Viruses and other malicious code, are common on the Internet and on
email. Deltacom cannot protect Customer's equipment against viruses and strongly recommends Customer obtain up- to-date anti-
virus and firewall software to protect Customer's equipment. • Deltacom does not control, nor is Deltacom responsible or liable
for, data, content, services, or products (including software) that Customer accesses, downloads, receives or buys via the Service.
The Internet may provide access to content Customer considered harmful to minors, or otherwise offensive or inappropriate. If
Customer wishes to limit access to such content, there are a number of commercially available products that can help Customer
do so. Deltacom may, but does not have to, block information, transmissions or access to certain information, services, products
or domains to protect Deltacom, its network, the public or Deltacom's users. Therefore, messages and other content may be
deleted before delivery. The Internet contains unedited materials, some of which may be offensive to Customer. Deltacom is not
a publisher of third party content accessed through the Service and is not responsible for the content, accuracy, timeliness or
delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third
parties as accessible through the Service. • Customer is responsible for paying all fees and charges of third party vendors whose
sites, products or services Customer accesses, buys or uses via the Service. If Customer chooses to use the Service to access web
sites, services or content, or purchase products from third parties, Customer's personal information may be available to the third -
party provider. How third parties handle and use Customer's personal information related to their sites and services is governed
by their security, privacy and other policies (if any) and not Deltacom's. Deltacom has no responsibility for third party provider
policies, or their compliance with them. • If Customer elects to download into Customer's equipment or otherwise enable any
software, including any "client" designed to facilitate Customer's access of the Service, Customer shall be solely responsible for,
and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices
or options otherwise made available to Customer for viewing as part of the log -in process for the Service. Customer agrees that
sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which Deltacom reserves all
rights and remedies. Customer has no proprietary or ownership rights to a specific IP or other address, log -in name, or password
that Customer uses on Deltacom's network. Deltacom may change Customer's address, log -in name or password at any time.
Customer agrees that Deltacom may access Customer's devices and information stored on it (such as drivers, software, etc.) to
troubleshoot issues related to the Service; enable, operate and update the Service and software; investigate activity that may be in
violation of the Agreement; or to comply with law. • If Customer provides or receives services through other networks, Deltacom
accepts no responsibility for authorization of such networks. Use of other networks may require approval of the respective
network authorities and use will be subject to any acceptable usage policies such networks establish. Deltacom does not own or
control networks outside of Deltacom, nor is Deltacom responsible for performance (or nonperformance) within or over those
networks or within non- Deltacom-operated interconnection points between Deltacom and other networks. • Deltacom shall
provide to Customer technical consultation and instruction regarding network hardware, software, access techniques and
commands at Deltacom's standard rates. Deltacom is not responsible to Customer for the cost or expense of administrative,
technical, emergency, or support personnel at Customer's location necessary for dealing with Deltacom and for providing and
maintaining Customer's own computer equipment, or Deltacom's or other network access. Consultation Services that are
extended to Customer over the phone and which exceed the customer support commitments as described in this paragraph will
cost $100.00 per hour; or $150.00 per hour, if performed on the Customer's site. • Customer agrees to give Deltacom polling
rights to its router for the duration of the Agreement. This information will be kept in confidence and used for network polling
and monitoring. • Deltacom warrants that the Access will pass data packets from Customer's Router to the Internet. Use of any
information obtained through the Access is at Customer's risk. Deltacom specifically denies any responsibility for the speed,
accuracy or quality of information obtained through the Access. • Deltacom is not responsible for the reliability of equipment
which Deltacom did not install or configure or for the Customers' local networks or other hardware. Customer is responsible for
assessing its own computer and transmission network needs, and is solely responsible for the results obtained therefrom. • If
Deltacom is listed as the billing contact for Customer's domain name, customer hereby consents to Deltacom's annual renewal of
Customer domain name unless otherwise instructed. • (for Simpli - Voice and Select 100 customers) If a Deltacom point- of-
presence ( "POP ") fails due to failure of its equipment or circuit(s) between POPs (except in the case of fire, flood or other Force
Majuere event), and this failure results in disruption of the Access, then the following adjustment will be made: If the disruption
is not resolved within 12 hours, Deltacom will provide an additional Access day to Customer beyond the Access Term for each
3 Rev 10-8 -2009
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calendar day (or portion thereof) of the Access disruption. The foregoing represents the sole remedy available to Customer for
Access disruptions.
Secure Access and /or lIP/VPN (if applicable) The Secure Access Service provided hereunder is the delivery via internet protocol
of the Customer's data between two remote points utilizing Secure Access equipment. Deltacom's Secure Access Service
includes the provision of the equipment as set forth in the Agreement necessary to encode and decode the Customer's data, but
excludes the provision of the Local Loop, which must be contracted for separately. Customer acknowledges that Deltacom does
not represent or warrant that the Secure Access Service will ensure uninterrupted or error -free operation.
Customer Premise Equipment (if applicable) In the event Deltacom furnishes customer premise equipment of any sort ( "CPE ")
to Customer for use in connection with the Services, Customer shall, unless waived as an Incentive, pay the aggregate rental
charge for each item of CPE for the full Term of the Agreement. Should Customer return any item of CPE ordered by Customer
and that has been used or taken out of its box, Customer will pay Deltacom a Restocking charge. Customer shall provide all
consumables (e.g., paper, toner, ink) used by any CPE. Deltacom, through its employees or other repair personnel, will provide
maintenance as required to keep CPE in good operating condition as a result of Customer's normal use. Any manufacturer's
warranties or maintenance contracts will be for the benefit of Deltacom. Deltacom reserves the right to substitute another type of
CPE of similar functionality at its discretion. Any substituted CPE or repair and replacement parts may be new or like new.
Customer shall provide Deltacom or other repair personnel reasonable access to the CPE. Customer agrees to assume and bear
the entire risk of any partial or complete loss with respect to the CPE from any and every cause whatsoever including theft, loss,
damage, (including damage caused by Acts of God, or Force Majeure), destruction or governmental taking, whether or not such
loss is covered by insurance or caused by any fault or neglect of Customer. If Customer's CPE is so equipped, wireless service
within Customer's premise, is available to Customer's device only when it is within the operating range of the CPE. Connection
speed is an estimate and is no indication of the speed at which Customer's device or the Service sends or receives data. Actual
connection speed will vary based on device configuration, compression, distance, network congestion, interference and other
factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. Deltacom may, but does
not have to, change or improve the CPE by, among other things, changing or upgrading the 802.11b/g standard. If Customer is
receiving CPE at no rental cost to Customer, then Customer shall be billed a Monthly Equipment Maintenance Coverage charge
and payment of such charge shall relieve Customer of liability for Acts of God, including lightning, power surge, fire, wind,
flood and earthquake. Damage caused by power surge, fie, and flood, which is not the result of an Act of God, is specifically
excluded from coverage. Customer agrees to give Deltacom prompt notice of any damage to or loss of any CPE, or any
abandonment or relocation from Customer's premise. CPE furnished by Deltacom, including all Simpli- Business products,
remain the property of Deltacom. For Deltacom- furnished CPE that cannot be recovered from Customer's site, Customer will pay
Deltacom the listed purchase price for such CPE. Customer shall pay any charges at Deltacom's normal time and materials rates
for installation of or work on any inside wiring by Deltacom in Customer's premises. CUSTOMER SHALL DEFEND AND
INDEMNIFY DELTACOM FROM ANY AND ALL CLAIMS, ACTIONS, LOSSES, DAMAGES, (INCLUDING
REASONABLE ATTORNEYS FEES) ARISING OUT OF THE PURCHASE, POSSESSION, OPERATION, CONDmON,
RETURN, USE OR MISUSE OF THE CPE, THE SOFTWARE OR BY OPERATION OF LAW, EXCLUDING, HOWEVER,
ANY OF THE FOREGOING RESULTING SOLELY AND DIRECTLY FROM THE NEGLIGENT OR WILLFUL ACTS OF
DELTACOM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER WAIVES ANY AND ALL
RIGHTS AND REMEDIES CONFERRED UPON CUSTOMER UNDER UNIFORM COMMERCIAL CODE SECTIONS 2A-
303, 2A -401, 2A -402 AND 2A -508 THROUGH 2A -522; PROVIDED HOWEVER THAT THE FOREGOING WAIVER WILL
IN NO EVENT IMPAIR OR DIMINISH ANY RIGHT OR REMEDY OTHERWISE CONFERRED UPON CUSTOMER
UNDER THE AGREEMENT.
Software (if applicable) Customer may be required to use special software to use some of the Services and software may be
embedded in some of the CPE used by Customer. Customer is granted a limited, non - exclusive, non - transferable license under
the software manufacturer's copyrights to use the software (in executable code form) as specifically configured by the software
manufacturer solely in connection with Deltacom's Services. All rights not specifically granted to Customer herein are expressly
reserved by Deltacom and/or the software manufacturer. The installation, operation, maintenance, repair or removal of any
software, program, or other hardware ( "Service Related Products ") related to the Services on Customer's computer(s), network(s)
or other hardware may result in service outage, loss or damage to that equipment or any data, information or files on Customer's
equipment. Customer agrees to be solely responsible for all data and software back up and to otherwise protect Customer's
computer and network data, information and files. Customer assumes all responsibility for impacts, loss or damage to Customer's
computer or network hardware, data, information, files, peripherals, mobile devices, or Service Related Products associated with
installing, operating or removing any Service Related Products. Any warranty covering Customer's computer, network or other
equipment may become void when Customer opens that computer or equipment to install any Service Related Products, whether
or not Customer elects to install and run any of those Service Related Products. Deltacom does not commit or warrant that
Customer's installation or use of any Service Related Products will permit Customer to access, operate, or use any
Service.Customer will perform regular backups using the Software and will report any errors in executing such backups promptly
by fax or e-mail to software manufacturer. Customer will arrange for and maintain communication services used to connect to
software manufacturer's site. The security mechanisms implemented by the software manufacturer may have inherent limitations
and Customer is solely responsible for determining that this mechanism sufficiently meets Customer's security and operational
needs. The Customer is responsible for any communication costs associated with the connection between the Customer site and
4 Rev 10 -8 -2009
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software manufacturer's site. Customer further agrees that it shall not place any data or program on the Server or CPE that: (a)
infringes on the intellectual property rights of any third party or any rights of publicity or privacy, (b) violates any law, statute,
ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition,
antidiscrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing (d) is
obscene, child pornographic or indecent; or (e) contains any viruses, trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information. Customer shall defend, indemnify and hold Deltacom and the software manufacturer
harmless against any third party claim, action, suit or proceeding alleging any breach of the covenants contained herein.
Customer agrees not to: (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) merge the Software
with other software; (c) sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (d) reverse engineer,
decompile, disassemble, or otherwise attempt to derive the source code for the Software; (e) use the Software to process data or
provide any service bureau activity for any third party; or (f) otherwise use or copy the Software, except as expressly allowed by
this provision. Customer will not remove, alter, or obscure any proprietary notices (including copyright notices) of or on the
Software. Any additional terms and conditions that are applicable to the use of such software may be found on Deltacom's web
site at www.deltacom.com and/or the applicable software or CPE manufacturer's website, and Customer agrees to abide by all
such terms and conditions.
Taxes and other Fees In addition to the charges for Customer's Services, Customer is responsible for all federal, state and local
sales, use and excise taxes and any new or increased fees, assessments, taxes or other charges for the Services, including any
Universal Service Fund, Telecom Relay, E911 and LNP charges that may apply. Customer is responsible for collect call, mobile
usage and any other charges that may be billed to Customer after Customer's Service end date. Customer is also responsible for
any charges from third parties that arise when Customer uses Customer's phone number as a billing mechanism for third -party
services (such as 900 or other information charges). Should Customer request any third -party services, Customer agrees that
Deltacom may release Customer's name and billing information to that third party so that it can bill Customer directly for those
services.
Shared Tenant Service Provider Agreement If Customer intends to resell or rebill Deltacom Services, Customer hereby
certifies that it has all necessary state, federal, legal and regulatory authority to resell or rebill any telecommunication services to
its tenants or customers. In no event will Deltacom directly bill any tenant or other customer of Customer. If Customer is found to
be in violation of any federal, state or local law or regulation for reselling or rebilling telecommunications services, Customer
shall indemnify Deltacom for any related claims by any third party against Deltacom, including attorneys' fees and costs. All
such indemnity obligations of Customer shall survive termination or expiration of the Agreement.
Default Should Customer fail to pay any invoiced item within thirty (30) days of the date of invoice, Deltacom reserves the right
to cease providing the Service invoiced until such time as the invoice is paid. Such interruption of Service shall not be a breach of
the Agreement, and shall not afford Customer any relief outlined in the Agreement or any other document. If, after ten (10) days
written notice to Customer, the invoice shall remain unpaid, Deltacom, at its election, may declare Customer in default. If
Customer defaults, all amounts remaining to be paid under the Term of the Agreement shall immediately become due and
payable, including the Discontinuance Charge. The remedies contained in this paragraph are cumulative and in addition to all
other rights and remedies available to Deltacom under the Agreement, by operation of law or otherwise. In addition, in the event
of default, Customer shall pay Deltacom for installation and removal of any CPE in the amount of Five Hundred and 00/100
Dollars ($500.00) per unit (i.e., per CPE router); such amount shall be immediately due and payable. Further, Deltacom, at its
option, may, upon written notice thereof, take immediate possession of any and all of the items of CPE owned by Deltacom,
wherever situated, and for such purpose enter upon any premises without liability for so doing and sell, dispose of hold, use or
lease any items of CPE which have not been fully paid for as Deltacom in its sole discretion may decide. If Deltacom is unable to
retrieve any items of CPE, Customer shall be invoiced for the full, then current, sales price of such CPE.
Disclaimer of Emergencv 9 - - services IF CUSTOMER USES VoIP (VOICE over INTERNET PROTOCOL) -BASED
PHONES, CUSTOMER IS ADVISED THAT EMERGENCY 9 -1 -1 SERVICE MAY NOT FUNCTION OR BE AVAILABLE
TO CUSTOMER WITH THE LOSS OF ELECTRICAL POWER OR IF THE BROADBAND CONNECTION IS NOT
OPERATIONAL. EMERGENCY 9 -1 -1 SERVICE WILL NOT BE AVAILABLE AT ANY REMOTE LOCATION IF
INTERNAL USERS ARE ALLOWED TO USE THEIR VoIP -BASED PHONES REMOTELY. CUSTOMER'S SIGNATURE
ON THE AGREEMENT WILL BE CUSTOMER'S ACKNOWLEDGMENT THAT DELTACOM HAS ADVISED
CUSTOMER OF THESE LIMITATIONS AND THAT CUSTOMER ACCEPTS THE SERVICES WITH THESE
LIMITATIONS. DELTACOM WILL ALSO PROVIDE LABELS TO CUSTOMER THAT ALERT USERS TO THE
LIMITATIONS. THE FEDERAL COMMUNICATIONS COMMISSION RECOMMENDS THAT CUSTOMER PLACE
THESE LABELS ON OR NEAR THE TELEPHONE AND OTHER EQUIPMENT ASSOCIATED WITH CUSTOMER'S
VoIP -BASED PHONES.
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Incorrect Charles If Customer believes an invoice contains an incorrect charge, Customer has thirty (30) days from the date of
the first invoice that contains the charge to notify Deltacom or Customer waives any right to dispute the charge. To notify
Deltacom, please contact the Customer Care Center at 1- 800 - 239 -3000, or in writing to Customer Care Center, Attn:
Customer Escalation Group, P.O. Box 1301 Arab, AL 35016; or by email with confirmed receipt by Deltacom, to
customerreauests deltacom.com; or by facsimile transmission, with confirmed receipt by Deltacom, to 1- 877 264 2877.
Deltacom may require Customer to describe the dispute in writing. If Customer accepts a credit to resolve an issue,
Customer agrees the issue is fully resolved. If Customer Care does not resolve Customer's dispute and Customer still
wishes to pursue the matter, Customer must follow the dispute resolution process described in the Arbitration section.
Dispute Resolution Other than for deficient performance where all of the requirements of the Our Best Guarantee provision
above have been followed, as a condition precedent to any claim or defense regarding deficient performance, nonpayment,
incorrect billing, or any controversy or claim arising out of, connected with or relating to the Agreement, Customer must exhaust
all administrative remedies available to them in addition to providing at least thirty (30) days notice to Deltacom in writing by
registered or certified mail to: Deltacom Customer Care Center, Attn: Customer Care, P.O. Box 1301 Arab, AL 35016; or by
email with confirmed receipt by Deltacom, to CustomerRequests @deltacom.com; or by facsimile transmission, with confirmed
receipt by Deltacom, to 256- 264 -9906 to allow Deltacom to cure any alleged breach. If the parties are unable to resolve any
dispute and Customer still wishes to pursue the matter, Customer must follow the dispute resolution process described in the
Arbitration provision.
Arbitration Any dispute, controversy or claim arising out of, connected with or relating to the Agreement, its performance or the
breach thereof which cannot be settled by mutual agreement of the Parties shall be resolved by final and binding arbitration by a
panel of one (1) arbitrator in accordance with and subject to R -11 (Appointment from National Roster) or, if proceeding under
the Expedited Procedures, E-4 (Appointment and Qualifications of Arbitrator) of the Commercial Arbitration Rules of the
American Arbitration Association ( "AAA ") then in effect with such arbitration to be conducted in Huntsville, Alabama. The
Parties may, only by mutual written agreement, use an arbitrator not presented on the roster submitted by the AAA. Discovery as
permitted by the Federal Rules of Civil Procedure then in effect will be allowed to the extent consistent with the purpose of the
arbitration and as allowed by the arbitrators. The Federal Rules of Evidence will apply to any arbitration hearing. Judgment upon
the award rendered in any arbitration may be entered in any court having jurisdiction thereof; or application may be made to such
court for a judicial acceptance of the award and an enforcement, as the law of the state having jurisdiction may require or allow.
The fact that arbitration is or may be allowed will not impair the exercise of any termination rights under the Agreement. The
Parties agree that this arbitration provision has been included to rapidly and inexpensively resolve any disputes between them
with respect to the Agreement, and that this provision shall be grounds for dismissal of any court action commenced by either
Party with respect to the Agreement, other than (i) actions to compel a Party to comply with these dispute resolution procedures;
(ii) actions specified in this provision; ( iii) post - arbitration actions seeking to enforce an arbitration award; (iv) a dispute,
controversy or claim relating to a breach or alleged breach on the part of either Party regarding confidential information; (v) a
suit, action or proceeding to compel a Party to comply with its obligations to indemnify the other party pursuant to the
Agreement; or (vi) a suit, action or proceeding arising out of or related to any Party's intellectual property rights. The Parties
shall keep confidential, and shall not disclose to any person, except as may be required by law, the existence of any controversy
hereunder, the referral of any such controversy to arbitration or the status or resolution thereof The procedures specified in this
provision shall be the sole and exclusive procedures for the resolution of an arbitrable dispute; provided, however, that a Party,
without prejudice to these procedures, may file a complaint or seek a temporary restraining order, preliminary injunction, or other
provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status
quo. Customer indemnifies Deltacom for any costs associated with Customer's violation of this Arbitration provision.
General Customer acknowledges that it has not been induced to enter into the Agreement by any representation or warranty not
set forth in the Agreement. • The Agreement contains the entire agreement of the parties with respect to its subject matter and
supersedes all existing agreements and all other oral, written or other communications between them conceming its subject
matter. • Except as provided above and for modifications to the features of the Service verbally requested by Customer on the day
of installation or called into Deltacom's Customer Care Center which Deltacom is hereby authorized to accept, the Agreement
shall not be modified in any way except by a writing subscribed to by both parties. • The Agreement is not assignable by
Customer except with Deltacom's express written consent, without which, any such assignment or attempted assignment shall be
void. • If any provisions of the Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not in any way be affected or impaired thereby. • The headings in the Agreement
are intended for convenience of reference and shall not affect its interpretation. • The waiver or failure of Deltacom to exercise in
any respect any right provided for in the Agreement shall not be deemed a waiver of that right or any other right under the
Agreement. • The individual executing the Agreement on behalf of Customer hereby represents and warrants that he or she is
duly authorized by all necessary action to execute the Agreement on behalf of Customer. • All notices to Deltacom shall be in
writing and shall be delivered or sent by registered mail, return receipt requested, to Customer Care Center, P.O. Box 1301 Arab,
AL 35016 or to such other address as Deltacom shall specify by notice given pursuant hereto; PROVIDED THAT ALL
COMMUNICATIONS CONCERNING DISPUTED DEBTS, INCLUDING INSTRUMENTS TENDERED AS FULL
SATISFACTION OF SUCH DEBTS, MUST BE DELIVERED OR SENT BY REGISTERED MAIL, RETURN RECEIPT
REQUESTED, TO 7037 Old Madison Pike, Huntsville, AL 35806, ATTN: Assistant General Counsel. • Customer may be
charged additional fees for payments made by means other than by check. • Deltacom shall not be liable or deemed to be in
6 Rev 10 -8 -2009
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default for any delay or failure to perform under the Agreement or for interruption of service resulting directly or indirectly, from
Acts of God or any other cause beyond Deltacom's reasonable control ( "Force Majeure "). • EXCEPT AS SPECIFICALLY
PROVIDED HEREIN, THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -
INFRINGEMENT OF THIRD PARTY RIGHTS. • NEITHER DELTACOM NOR ANY CPE, SERVICE, OR SOFTWARE
PROVIDER TO DELTACOM WILL BE LIABLE FOR ANY LOST OR ANTICIPATORY PROFITS OR REVENUES, OR
SPECIAL OR PUNITIVE DAMAGES, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY
CLAIM OR DEMAND AGAINST CUSTOMER BY ANY OTHER PARTY, EVEN IF DELTACOM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. • IN NO EVENT SHALL DELTACOM BE LIABLE FOR
DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO DELTACOM DURING
THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. • hi any
action for injunctive relief or to collect any debt, each party consents to the exclusive jurisdiction of the state and federal courts
having jurisdiction in the county of Customer's Service Address or Madison County, Alabama. This Agreement will be govemed
by and interpreted in accordance with the laws of the State of Alabama, without regard to conflict of laws principles, and is
subject to any federal, state or local tariffs that may apply. • Customer authorizes Deltacom to conduct an investigation of
Customer's credit history for the purpose of determining Customer's creditworthiness for payment for the Service(s) and options.
• Customer agrees to pay all costs, including a reasonable attorney's fee, incurred by Deltacom in collecting amounts due or
otherwise enforcing its rights under the Agreement whether incurred by suit or otherwise. • Only an authorized officer of
Deltacom may agree to modifications to the terms and conditions of the Agreement and any modifications must be set forth in an
addendum prepared and approved by Deltacom's legal department. • The Agreement may only be executed by a Deltacom
Branch Manager or other authorized Deltacom management person, and is subject to final credit approval; provided however that
Deltacom's provision of the Services will be deemed an acceptance of this Agreement in the absence of a Deltacom signature.
Customer Eligibility (for Simpli -Voice customers)
Simpli -Voice Local
• Single line locations are allowed but may not be a facsimile line.
Simpli -Voice Unlimited LD
• If Deltacom determines that the Customer's long distance usage is excessive (i.e., ten (10) times the average for all
customers under the plan), the Customer may be subject to migration to another long distance plan or to an excess usage fee.
• The Service shall not be used in call centers; auto - dialers; online services; intemet access; broadcast facsimile services or
similar applications; multi -party conference calls; calls to 900, 976, 700 numbers; toll free calling, calling card; international
calling; or Directory Assistance or Operator Services.
• The Service shall not be used by businesses that aggregate end user traffic.
• Unlimited usage applies to domestic outbound, interLATA and interLATA toll traffic.
Long Distance Rates (for Simpli -Voice and Select 100 customers) The rates for long distance services proposed to Customer
under the Agreement are contingent upon Customer's election to receive Deltacom's local service. If Customer cancels its local
service, Customer's rates under the Agreement will automatically convert to EZ LD rates (for Simpli -Voice customers) or
"Business Connections" rates (for Select 100 customers) for long distance service found in Deltacom's state and federal tariffs
filed with the respective regulatory bodies and/or as the same may appear on Deltacom's website www.deltacom.com.
Volume Level Commitment (for EZ LD, LD Rewards and Simpli -Voice LD customers)
• The Volume Level Commitment is based on total Long Distance usage charges during a monthly billing period. Eligible
usage includes the Customer's inbound, outbound, international, calling card and directory assistance charges originating or
terminating to Customer's local Service. The total usage for the elements described above will contribute to the Volume
Level Commitment. No other charges including taxes on the Customer's account will be eligible for attaining the
commitment. Application of Volume Level Commitment will be on an account level basis. If the total usage from these
charges does not meet the minimum Volume Level Commitment then the customer will be billed for the difference. The
charge will appear as a line item on the Customer's bill identified as volume level shortfall amount or "Shortfall Charge ".
Taxes will be applied to the shortfall amount. The customer will not be assessed the minimum Volume Level Commitment
on their first partial invoice. Customers with multiple locations and/or multiple accounts in a group account will be
evaluated at the individual account level.
• Ramp -Up Period Customer shall have a ninety (90) day ramp -up period from the commencement of the Service during the
first year of the Term ( "Ramp -Up Period ") to attain the monthly Volume Level Commitment.
• Seasonal Traffic Deltacom will conduct a review of the Customer's account upon request to determine total eligible charges
attributable to the Volume Level Commitment. In the event Customer's Usage in any month is less than the Volume Level
Commitment, Deltacom shall determine if Customer has earned any excess Usage in any previous months of the Agreement
and whether the excess Usage in any previous months of the Agreement and whether the excess usage will cover
Customer's failure to achieve the current Volume Level Commitment. If Customer has a sufficient amount of excess usage,
Deltacom will apply such excess usage to Customer's current Volume Level Commitment and Customer shall not incur any
Shortfall Charges. In the event Customer fails to achieve its specified Volume Level Commitment and there are insufficient
Usage amounts, Customer will incur a Shortfall Charge.
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Distribution of Traffic (for EZ LD customers) In the event that 60% or greater of outbound or inbound long distance billed
amounts and/or minutes during a monthly billing cycle originate and terminate intrastate, Deltacom reserves the right to review
and/or change the rate structure and contract terms.
Annual Usage Commitment Level (for EZ LD and Horizon customers) Customer agrees to an "Annual Usage Commitment"
which is calculated as follows: (A) a monthly amount equal to (i) the Volume Level Commitment for EZ LD Service, and (ii) for
Horizon Service is established using the third (3rd) month's actual toll usage, excluding directory assistance; multiplied by (B)
twelve (12) months, (C) multiplied by fifty percent (50 %). For Horizon Service, by the end of the twelfth month of the Initial
Term of the Agreement, the Customer's usage must be at or above the established Annual Usage Commitment. If the Customer's
usage for Horizon Service does not meet this requirement, in the 13th month, and at the end of each 12 month period remaining
in the Initial Term or Renewal Tenn as applicable, the Customer will be billed the difference between the actual usage level and
the predetermined Annual Usage Commitment. The Annual Usage Commitment as described is used in the calculation of the
Discontinuance Charge for early termination of an Initial Term or Renewal Term, as applicable.
Simpli- Business Supplemental Terms and Conditions
The following Simpli- Business Supplemental Terms and Conditions ( "Simpli- Business T &C's ") are in addition to the Standard
AFS Terms and Conditions above, and to the extent of any conflict these Simpli- Business T &C's will apply.
Initial Term The Initial Term for Simpli- Business T, Simpli- Business PRI and Simpli - Business IP products is three (3) or four
(4) years, as indicated on the AFS.
Simpli- Business Discontinuance Charge The "Discontinuance Charge" for the Simpli- Business T, Simpli- Business PRI and
Simpli- Business IP products calculated as the sum of the following: (A) for long distance service, the Annual Usage
Commitment amount, if applicable, for the Initial Term or Renewal Term, as applicable; and (B) the product of (i) the monthly
recurring charge for the terminated Services; multiplied by (ii) the number of months remaining in the Initial Term or Renewal
Term, as applicable, following the termination date for such Services; multiplied by (iii) seventy percent (70 %). Except as
modified hereby, all other terms of the Discontinuance Charge provision in the Standard AFS Terms and Conditions section
above apply.
Conversion (for Simpli- Business product customers) Customer must convert to the Simpli- Business T product within twenty-
four (24) months of the commencement of the Initial Term. If the Customer has not made the conversion, commencing the
twenty-fourth (24 month of the Initial Term, Deltacom shall begin to charge the rates as if Customer had converted to the
Simpli- Business T product for Customer's configuration, plus any additional charges under the Elements Program, and
Customer shall be required to pay such additional charges. If Customer terminates the Agreement after execution by Customer
and prior to conversion to the Simpli- Business T product, Customer shall incur a Discontinuance Charge calculated as follows:
seventy percent (70 %) of (x) the product of (i) the monthly recurring charge calculated at the rates for the Simpli- Business T
product for Customer's configuration; multiplied by (ii) thirty-six (36) months; minus (y) the monthly charges actually paid by
Customer prior to termination. Except as modified hereby, all other terms of the Discontinuance Charge provision in the
Standard AFS Terms and Conditions section above apply.
Renewal Discount If Customer under a three -year Initial Tenn renews a Simpli - Business family of products Service for a
minimum one (1) year term, Customer shall receive a twenty percent (20 %) discount on the charges for those products. If
Customer under a four -year Initial Term renews a Simpli - Business family of products Service for a minimum one (1) year term,
Customer shall receive a ten percent (10 %) discount on the charges for those products. Thereafter, Customer shall be entitled to
the applicable Renewal Discount for so long as Customer purchases a product in the family of Simpli- Business Services,
however Customer shall not be entitled to receive an additional discount upon any subsequent renewals.
Elements Program Customer may use the units for additional devices to be used in conjunction with the Simpli- Business family
of products Service. Customer may select any of the items displayed in the Simpli- Business Elements Program Catalog, which
may be found on Deltacom's web site at http:/ /www.deltacom.com, as it may be amended from time to time. The units shown for
each element are on a per unit basis. Each unit represents an incremental amount in the monthly recurring charge (MRC) and may
only be purchased in packages in multiples of five (5). The devices remain the property of Deltacom and Customer's use of the
devices are governed by the Customer Premise Equipment provision in the Standard AFS Terms and Conditions section above
above. Units purchased under a Simpli- Business family of products Service are for the entire length of the Term (e.g. four 5 -Unit
packages, for a total of twenty (20) units, purchased at signing are committed to for the Term of three years or four years, as
applicable, referred to as the "unit pool "). Customer may add additional devices and/or Services by purchasing additional unit
packages for the remainder of the Term. However, if Customer desires to replace a hardware device prior to 24- months into the
Term, Customer must pay a replacement charge calculated by taking the units associated with the old device multiplied by 12
months multiplied by the monthly charge per unit (e.g., $5.00) and begin paying the unit value associated with the new device. In
addition, upon any replacement of a hardware device at any time during the Term, Customer is committed to a new Term of three
years or four years, as applicable, from the date of the replacement. Example:
Upgrade Customer under a three -year Initial Term purchased a Simpli- Business family of products Service and ten
(10) units - selecting a 7 -unit and 2 -unit element. In the 3` month of the Term, Customer replaces the 7 -unit element
with a 23 -unit element. Upon the replacement date, Customer must pay the replacement charge of $420 (7 units X 12
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months X $5 per unit) and would begin to pay for 25 units on a monthly basis. Customer would also be committed to a
new three -year Term commencing on the date the replacement was completed.
Addition As an alternative, Customer may avoid the replacement charge and new term commitment by purchasing an
additional 25 units for the remainder of Customer's Tenn and adding the 23 -unit element. Customer's monthly
payment for units would be increased from a $50 to $175 (assuming $5 per unit) and Customer can continue the use of
the 7 -unit element.
Units purchased are co- terminous with the Simpli- Business family of products Service. Units purchased, including units added
during the Tenn, cannot be reduced during the initial 36 -month Term. At the end of the Term, the hardware device can be
returned or the Service discontinued, the associated units removed, and a lower unit package purchased. Examples:
End of Term Return: Customer purchased a Simpli - Business family of products Service and thirty-five (35) units -
selecting a 23 -unit and 11 -unit element. At the end of the Term, Customer can return the 11 -unit element to Deltacom
and lower the units to 25 units and maintain the 23 -unit element. Customer may also return the other or both devices
and reduce the units to the corresponding amount required.
No Credit for Early Return: Customer purchased a Simpli- Business family of products Service and thirty-five (35)
units - selecting a 23 -unit and 11 -unit element. In the 16 month of the Term, even if Customer returns the 11 -unit
element for whatever reason, Customer must continue to pay for thirty-five (35) units until the expiration of the Initial
Term.
Simpli- Business PC (applicable only to the Simpli- Business PC product)
The Equipment and applicable Software remains the property of Deltacom and Customer's use of the Equipment is governed,
without limitation, by the Customer Premise Equipment and Software provisions in the Standard AFS Terms and Conditions
section above. The Equipment and Software is subject to the limited warranties of, and any additional terms and conditions
required by, the applicable manufacturer, which are available upon written request made to Deltacom. To obtain service from
Deltacom, Customer is required to complete troubleshooting computer issues (e.g., diagnostics, restoring software backups).
Deltacom will provide service and support for non - hardware issues via telephone. Deltacom will only support Deltacom
preloaded software issues. Deltacom will not support, and is not responsible for, software added by Customer. Deltacom will
only provide on site service when Deltacom determines in its sole discretion there is a manufacturer defect in the Deltacom
provided hardware. Deltacom does not warrant 3' party non - Deltacom installed devices (e.g., 3' party wireless network card).
Deltacom may require that Customer replace certain hardware parts. Deltacom will not send a technician on site to replace
customer replaceable parts but will provide phone support to assist Customer in replacing these parts. In the event the Equipment
is stolen or lost, Customer must file a police report immediately with the appropriate authorities and provide Deltacom with a
copy of the report. Customer hereby agrees to indemnify and hold harmless Deltacom and the software and hardware
manufacturers (together, the "Indemnified Parties ") from and against all losses, damages, liabilities, debts, demands, claims,
actions, causes of action, costs, charges and expenses, including legal fees and any amount paid to settle any action or to satisfy a
judgment, in any way incurred by an Indemnified Party in respect of any actual or threatened civil, criminal or administrative
action or proceedings to which the Indemnified Party is made a party by reason of or in connection with the undertaking of any
operation or action authorized by any representative of Customer, including, without limitation, deletion of data from lost or
stolen Equipment. The indemnity provided hereby also includes, without limiting the generality of the foregoing, all payments
which may be made by an Indemnified Party under which indemnity may be sought from Customer regardless of whether the
Indemnified Party has any defense in respect of the undertaking.
Simpli- Mobile M Supplemental Terms and Conditions
The following Simpli- Mobile Supplemental Terms and Conditions ( "Simpli- Mobile T &C's ") are in addition to the Standard AFS
Terms and Conditions and Simpli- Business T &C's above, and to the extent of any conflict these Simpli- Mobile T &C's will
apply.
Usage Plans Any Simpli- Mobile Plan that Customer selects is part of this Agreement. Customer's Plan includes Customer's
monthly service allowances and features, the coverage areas in which those allowances and features may be used, and the
recurring access and pay —per —use charges associated with those allowances and features, all as described in the materials made
available to Customer at the time Customer accepted the Agreement. If at any time Customer change its Service (by accepting a
promotion, for example), Customer will be subject to any requirements, such as a new minimum term, Deltacom set for that
change. Customer may change its Simpli- Mobile Plan at anytime during the Term. Usage of the mobile device to call
internationally will be blocked unless special arrangements have been made with Deltacom. Customer's connectivity charges
may vary depending on the calling plan selected, time, location, network area, number dialed and services used. Additional
charges will also apply upon Customer's use or activation of additional features, multiple simultaneous calls for certain services
(including call - waiting, call- forwarding, or 3 -way calling), and for excessive, illegal or improper mobile data usage (as more
fully described in Deltacom's Acceptable Use Policy). If Customer uses its mobile device outside the rate area as set forth in
Customer's Plan, or use another companys mobile network for any reason, Customer will be responsible for any extra charges,
including long distance, toll, and roaming charges. Airtime and other measured usage charges are billed in full- minute or such
9 Rev 10 -8 -2009
deltacom.!
other increments as Deltacom determines to use from time to time, and Deltacom may round up any such usage charges to the
next minute in billing those increments. If Customer gives its personal account validation information to a third party, such third
party can access and make changes to Customer's account just as Customer can. Customer may request to switch to another rate
plan, and if Deltacom authorizes the change, a transfer fee may apply and the new rates will become effective by the start of
Customer's next billing cycle. Changes may require Customer's agreement to a new Term (if Customer selects a
promotional rate plan or special mobile device pricing) or new terms and conditions. Customer may be charged for data sent
or received (including, without limitation, "free" software downloads, messaging, unsolicited information and advertisements),
regardless of whether the data is requested, actually or completely delivered, received or stored. In some cases data packets will
be resent to ensure complete delivery, Customer may be billed for these resent packets. Customer understands that mobile data
Service connection (and billing) starts at the time Customer logs on to the Service and does not end until Customer properly logs
off and the network terminates the connection (after log off). If Customer (a) does not properly log off; (b) leaves the coverage
area during a session, or (c) loses Customer's connection for any reason, then billing will not terminate until at least several
minutes after Customer loses Customer's connection and Customer will be charged for this period. If Customer exceeds any
applicable allotment of minutes or megabytes ( "Mb ") under Customer's rate plan, Customer will pay the per- minute and/or per -
Mb overage fees applicable to Customer's rate plan. UNUSED MINUTES, MB'S, OR OTHER ALLOCATED SERVICES
FROM ANY RATE PLANS OR FEATURES DO NOT CARRY OVER TO SUBSEQUENT BILLING CYCLES. ALL
MINUTES OF USE ARE BIT .I IN FULL MINUTE INCREMENTS; ALL MB'S OF USE ARE BILLED IN FULL MB
INCREMENTS; ANY FRACTION OF A MINUTE OR MB OF USAGE IS ROUNDED UP AND CHARGED, OR
DEDUCTED FROM ANY ALLOCATED MINUTES OR MB'S, AS A FULL MINUTE OR MEGABYTE ON A PER
SESSION BASIS. ANY TAXES, ASSESSMENTS, FEES, COSTS OR CHARGES IMPOSED ON US OR CUSTOMER AS A
RESULT OF PROVIDING THE SERVICE WILL BE ADDED TO CUSTOMER'S CHARGES AND ARE SUBJECT TO
CHANGE OR INCREASE AT ANY TIME WITHOUT NOTICE.
Data Plans and Features
Data Plans and Features: Permitted Uses. The Data Plans or Features are for individual use only and Customer may not offer
them for resale or as a shared resource. Customer can use Deltacom's Data Plans and Features for accessing the Internet and for
such uses as: (i) Internet browsing, (ii) e-mail; (iii) intranet access (including accessing corporate intranets, e-mail and individual
productivity applications made available by Customer); (iv) occasional uploading, downloading and streaming of audio and video
files; and (v) Voice over Internet Protocol (VoIP).
Data Plans and Features: Prohibited Uses. Customer may not use Deltacom's Data Plans and Features for illegal purposes or
purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, interferes
with the network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users.
Examples of prohibited usage include: (i) server devices or host computer applications, including continuous Web camera posts
or broadcasts, automatic data feeds, automated machine -to- machine connections, or peer -to -peer (P2P) file- sharing
applications that are broadcast to multiple servers or recipients such that they could enable "bots" or similar routines (as set forth
in more detail in (iii) below) or otherwise denigrate network capacity or functionality; (ii) as a substitute or backup for private
lines or dedicated data connections; (iii) "auto-responders," "cancel - bots," or similar automated or manual routines that generate
amounts of net traffic that could disrupt net user groups or e-mail use by others; (iv) generating spam or unsolicited
commercial or bulk e-mail (or activities that facilitate the dissemination of such e- mail); (v) any activity that adversely affects
the ability of other users or systems to use either Deltacom' services or the Internet -based resources of others, including the
generation or dissemination of viruses, malware, or "denial of service" attacks; (vi) accessing, or attempting to access without
authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Deltacom's or another entity's
network or systems; or (vii) running software or other devices that maintain continuous active Internet connections when a
computer's connection would otherwise be idle, or "keep alive" functions, unless they adhere to Deltacom's requirements for such
usage, which may be changed from time to time. By way of example only, Customer may not use a Data Plan or Feature for web
broadcasting, or for the operation of servers, telemetry devices and/or Supervisory Control and Data Acquisition devices.
If Customer's usage on a Data Plan or Feature that does not include a specific monthly Megabyte allowance or is not billed on a
pay -as- you -use basis, the plan is limited to 1G during the billing cycle and is deemed to be in a manner similar to
those described in these terms and conditions. Usage in access of the 1G will, at Deltacom's option, be subject to overage
charges and, during any billing period, Deltacom reserves the right to deny, disconnect, modify, and/or terminate service, without
notice, to anyone believed to be using the service in any manner prohibited.
Number Customer acknowledges that except as required by law, it shall acquire no proprietary interest in the number (mobile
directory number or MDN) assigned by Deltacom for Customer's use.
Service Limitations Customer's mobile device operates as a radio and Service is only available when Customer's mobile device
is within range of an antenna providing Service. Coverage maps only approximate Deltacom's wireless coverage area outdoors;
actual service area, coverage, and quality may vary and change without notice. There may be gaps in Service within the estimated
coverage areas shown on coverage maps. Even within a coverage area, a number of factors, such as: network changes,
emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, Customer's equipment,
interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with actual service,
quality, and availability. Calls may be interrupted, dropped, refused, or limited. Coverage maps may depict coverage in areas
10 Rev 10 -8 -2009
de ltacom,!
where networks are operated by Deltacom's affiliates and roaming partners; such coverage may change without notice. Deltacom
is not responsible for those networks and some Services are not available on third -party networks or while roaming. Data
transmitted over wireless devices may not be secure and may be intercepted by others unless Customer takes appropriate security
measures. Deltacom may impose credit, usage, or other limits to Service, cancel or suspend Service, or block certain types of
calls, messages, or sessions (such as international, 900, or 976 calls) at Deltacom's discretion. Deltacom may suspend Service
without notice if Customer exceeds any credit limit. Service may not be transferred to another market except at Deltacom's
discretion, and Deltacom may charge transfer fees. The supplier of Services to Deltacom shall have no liability whatsoever for
Customer's losses, claims or damages for any cause whatsoever, including but not limited to any failure or disruption of Services
provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise. Customer shall not be deemed a
third -party beneficiary of any contract between Deltacom and Deltacom's supplier.
Mobile Devices Customer will pay shipping charges based on the number of devices shipped to a single location. Customer's
mobile devices must comply with Federal Communications Commission regulations and be compatible with Deltacom's
supplier's network and Customer's Plan. At times Deltacom may change Customer's mobile device's software, applications or
programming remotely and without notice. This could affect data stored on the mobile device, the way the mobile device is
programmed, or the way the mobile device is to be used. Deltacom in no way guarantees that Customer's mobile device will be
capable of being reprogrammed for use with another wireless carrier network after the service programming code is entered, or
that another wireless carrier will accept Customer's mobile device for use on its network. Customer will be eligible to replace
their mobile device with a new or different device and receive "sale pricing" for the new device contingent upon the following:
• Payment of liquidation fees on the Term of Service for the existing mobile device. (Pro-rated hardware fees)
- The Customer executes a new agreement with a 24 -month minimum Term at the subscriber level.
Otherwise the Customer will be required to pay the full retail value of any new mobile device purchased during the Term.
Lost, Stolen or Damaged Devices If Customer's mobile device is lost or stolen, it is very important that Customer notify
Deltacom immediately for Customer's own protection, so that Deltacom can temporarily suspend Customer's Service to prevent
further usage. If Customer's bill shows charges to Customer's phone after the loss but before Customer reported it, and Customer
wants a credit for those charges, Deltacom will investigate Customer's account activity. Customer does not have to pay the
charges Customer disputes while they are being investigated to determine whether the charges resulted from usage by someone
not authorized to use the phone. Customer may need to provide further information regarding the theft or loss if Deltacom asks
fir it. If a mobile device is lost, damaged, stolen or otherwise inoperable, Deltacom will replace the equipment with the same or
currently offered compatible devices at no cost to Customer other than the deductible, with the following stipulations:
• $100 deductible per incident.
• Up to two (2) replacements per MDN per year.
• Activation fees do not apply to replacement activation.
• Customer will return damaged devices pursuant to the instructions provided by Deltacom. If the damaged device is not
returned within ten (10) days of receipt of the replacement device by Customer, Customer will be charged the full retail
value of the replacement device instead of the deductible.
30 Dav Guaranty If for any reason, within the first 30 days of Service, Customer decides it does not want to keep Customer's
mobile device, Customer may terminate its Simpli- Mobile Service and receive a refund of the amount Customer paid at the time
of purchase for the mobile device and fees related to the Service, if any, but does not include a refund of any activation charges,
voice minutes, shipping, taxes or handling fees. To receive a refund, Customer must contact Customer Care by phone (email
notifications will not be accepted) to terminate Service. Customer Care will provide Customer with a return authorization number
( "RMA number ") and instructions on how and where to return Customer's equipment. Equipment received without an RMA
number will not be accepted. Deltacom will terminate Customer's Service and credit Customer's account accordingly. Please
note that in order to receive a refund, Customer must return the entire mobile device Kit to the address given to Customer by
Ieltacom within ten (10) days of terminating Customer's Service. The Kit includes the original packaging for the mobile device,
the mobile device itself undamaged and in working condition, the charger, the battery, USB cables or cords, holsters, CD -ROMs,
instruction booklets, and/or any other materials included with the mobile device in the original packaging. If Customer fails to
return Customer's mobile device Kit to Deltacom within ten (10) days of terminating Customer's Service, Customer will be
charged the full retail cost of the Mobile device Kit minus any amount that Customer originally paid to Deltacom for the mobile
device. If the mobile device is found not to be in its original condition, Deltacom may charge Customer to restore it to that
original condition. Voice minutes will be billed on a pro-rata basis. Customer is responsible for shipping the mobile device back
to Deltacom at Customer's expense.
Early Termination Fee If Customer terminates its Simpli- Mobile Service after the first 30 days of Service but before the
expiration of Customer's current term, Deltacom will assess an Early Termination Fee. To terminate, contact Deltacom Customer
Care by phone (email notifications will not be accepted). Deltacom Customer Care will terminate Customer's Service within 2
business days. In addition to the Early Termination Fee, Customer is responsible for all charges including voice minutes, and
taxes until termination, but will not be charged any additional fees for the remainder of the Term. The Early Termination Fee is
based on the current length of Service that Customer has been active with Deltacom. If Customer terminates during: Months 2 -12
of the Term the Early Termination Fee is $300; Months 13 -24 of the Term the Early Termination Fee is $200; and Months 25 -36
of the Term the Early Termination Fee is $100. Because damages resulting from early termination would be difficult to
11 Rev 10 -8 -2009
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determine, the parties agree that the Early Termination Fee is a reasonable approximation of such damage and shall be considered
a liquidated damage and not a penalty.
Deltacom Facility Based Service Termination Deltacom Simpli - Mobile Service is offered as an ancillary Service offered with
the T -1 or higher Facility based Services, the termination of Deltacom's facility based Services will result in a termination of the
Simpli- Mobile Service with Early Termination Fees applying.
Suspension of Service If a Simpli- Mobile Service is suspended on a customer account for non - payment, a re- activation fee will
apply for the restoral of mobile services per device. Customer may request that devices be temporarily suspended on an account
and reactivated without re- activation as long as the account is in good standing. If Deltacom allows Customer to temporarily
suspend Customer's account, Customer may continue to pay monthly charges and Deltacom may extend the Term for the length
of that suspension.
Disclaimer of Emereencv 9 -1 -1 services SIMPLI - MOBILE SERVICE DOES NOT INTERACT WITH 9 -1 -1 AND OTHER
EMERGENCY SERVICES IN THE SAME MANNER AS LANDLINE TELEPHONE SERVICES. DEPENDING ON
CUSTOMER'S LOCATION, THE TYPE OF MOBILE DEVICES AND OTHER EQUIPMENT CUSTOMER USE, THE
TYPE OF EQUIPMENT USED BY THE PUBLIC SAFETY ACCESS POINT OR OTHER APPLICABLE EMERGENCY
SERVICES PROVIDER, AND THE CIRCUMSTANCES AND CONDITIONS OF A PARTICULAR CALL, CUSTOMER
MAY NOT BE CONNECTED OR CUSTOMER'S PHONE NUMBER AND /OR LOCATION MAY NOT BE IDENTIFIABLE
TO EMERGENCY SERVICE PROVIDERS. EMERGENCY 9 -1 -1 SERVICE THAT IS COMPATIBLE WITH THE FCC
TECHNICAL REQUIREMENTS IS, NONETHELESS, NOT AVAILABLE IN ALL AREAS, AND EVEN IN THOSE AREAS
WHERE IT IS AVAILABLE, IT IS NOT ENTIRELY RELIABLE. MOREOVER, IF CUSTOMER'S MOBILE DEVICES ARE
NOT GPS- ENABLED, EMERGENCEY SERVICES PERSONNEL MAY HAVE MUCH LESS PRECISE LOCATION
INFORMATION. THE INFORMATION AVAILABLE TO EMERGENCY SERVICE PROVIDERS MAY ALSO BE
LIMITED IF CUSTOMER'S NUMBER OR NUMBERS ARE IN THE PROCESS OF BEING PORTED. CUSTOMER
ACKNOWLEDGES THAT EMERGENCY 9 -1 -1 SERVICE IS NOT AVAILABLE IN ALL AREAS, IS NOT COMPLETELY
RELIABLE AND IS FURTHER LIMITED WHEN USING NON -GPS ENABLED MOBILE DEVICES OR EQUIPMENT OR
DURING THE NUMBER PORTING PROCESS. DELTACOM IS NOT LIABLE FOR ANY SERVICE LIMITS, FAILURES,
OR OUTAGES, INCLUDING WITHOUT LIMIT, THE FAILURE OF ALERTS, 9 -1 -1 EMERGENCY, PRIORITY ACCESS,
OR SECURE SERVICE CALLS TO BE CONNECTED OR COMPLETED, OR THE FAILURE TO PROVIDE ALERTS OR
ACCURATELY LOCATE ANY 9 -1 -1 CALL. Location services, including 9-1-1 location services, emergency or other alert
systems, priority access, and secure service calls may not be available in Customer's area and are subject to the Service
Limitations discussed above.
Managed Router Service Supplemental Terms and Conditions
The following Managed Router Service Supplemental Terms and Conditions ( "MRS T &C's ") are in addition to the Standard
AFS Terms and Conditions and Simpli- Business T &C's above, and to the extent of any conflict these MRS T &C's will apply.
Managed Router Service Description. Deltacom will perform the network monitoring services (the "MRS Services ") described
below as selected by Customer in the AFS or subsequent service order. Each service unit (each an "MRS Service Unit ") shall
mean a single, wide area network device (typically a router, FRAD, or switch), along with the circuit(s) connected to that device.
There may be multiple MRS Service Units at a single Customer address or physical location. Deltacom will monitor Customer's
Router Wide Area Network (WAN) port for each wide area network device. The MRS Services are as follows:
Reactive network monitoring. Deltacom monitors network service points (NSPs) on a 24/7 basis.
Event notification. Customer is notified after an event occurs via email or telephone (depending on the form of communication
requested by Customer).
Troubleshooting. Deltacom will troubleshoot the communication link to identify the root cause of failure, including: the physical
circuit, Permanent Virtual Circuit, and WAN router port.
Dispatch. Deltacom network: Deltacom will dispatch a technician 7x24x365 for any network impaired devices.
Customer Premise: If a circuit needs repair or maintenance performed at an MRS Service Unit location, Deltacom
will dispatch the appropriate personnel based on access to Customer's premises.
Resolution. Deltacom will ensure that the circuit event is resolved and closed. Customer will then be contacted via email or
telephone and informed of the resolution.
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de[tacom,!
Service Level Agreement. Deltacom shall perform the MRS Services in accordance with the Service Level Agreements (SLA)
shown below. For each failure to meet the SLA as defined by the measurement below, Deltacom will provide a credit to
Customer in an amount equal to fifty percent (50%) of the MRC for the impacted MRS Service Unit at each impacted location.
Calculation of applicable credit will be provided based upon Deltacom's records. Customers remain responsible for the full
amount of their invoices for contracted services; credits will be issued on the next full billing cycle's invoice after the verification
of violation and credit calculations are complete. In order to be eligible for credits Customer must initiate a trouble ticket with
Deltacom. Credits must be requested by the Customer within 24 hours of the trouble ticket being closed by Deltacom. The
MRS Credit shall be Customer's sole and exclusive remedy for Deltacom's failure to meet the associated SLA(s). In no event
shall Deltacom's liability during any month exceed a total of one (1) month's MRC per applicable Customer location even if
multiple violations occur. MRS Credits shall not be available where Deltacom's failure to meet the SLA results from (i) the
negligence or acts of Customer or its agents or invitees, (ii) the failure or malfunction of power, facilities, equipment, systems or
connections not under the control of Deltacom; (iii) Force Majeure events; or (iv) during any period in which Deltacom is not
given full and free access to Customer's Premises and devices for the purpose of investigating and correcting issues; or (v) a
planned service outage, unscheduled emergency maintenance, scheduled maintenance, alteration or implementation as described
herein.
SLA Measurement
Time -to- response Customer will be notified within 30 minutes of
(Router PING monitoring) outage detection by Deltacom monitoring system
Time -to -repair (Priority 2) Circuit will be operational within 4 hours.
Circuit down, out of service
Hardware Replacement Hardware will be replaced by COB of next
business day
13 Rev 10-8 -2009
ADDENDUM TO AGREEMENT FOR SERVICE
THIS ADDENDUM ( "Addendum ") to that certain Agreement For Service is
entered into by and between City of Winter Springs, with offices at 1126 E SR 434,
Winter Springs, FL 32708 ( "Customer ") and DeltaCom, Inc., an Alabama corporation,
whose principal corporate address is 7037 Old Madison Pike, Huntsville, AL 35806
( "Deltacom "), hereinafter, collectively, the "Parties ".
WITNESSETH
WHEREAS, Deltacom and Customer have entered into that certain Agreement
For Service on the date hereof for the provision of certain telecommunication services to
Customer ( "Agreement "); and
WHEREAS, the Parties to the Agreement desire to add certain terms and
conditions to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein and in the Agreement, Deltacom and Customer agree as follows:
1. The following provisions, as applicable, are in addition to or amend and restate in
their entirety the applicable provisions from the Standard AFS Terms and Conditions
portion of the Agreement:
Rate Increase. It is the intention of the parties that Customer's rates for the Services will
not increase during the Initial Term of this Agreement. In the event that a change in
governing tariff provides for an increase in rates Deltacom charges for the Services,
Customer may contact Deltacom within thirty (30) days of receiving notice and
Deltacom will provide credits and /or discounts to the Customer so that the effective rate
paid for Services is equivalent to the rate prior to such increase. The forgoing right shall
not apply to changes to, additions of and /or increases in applicable fees, taxes and
other government- mandated charges.
Inapplicable Provisions. The following provisions of the Standard AFS Terms and
Conditions are not applicable to the initial Services purchased by Customer pursuant to
this Agreement: Customer Premise Equipment : Internet Access; Secure Access
and/or IPNPN Software; Customer Eligibility (for Simpli -Voice customers); Long
Distance Rates (for Simpli -Voice and Select 100 customers); Volume Level
Commitment (for EZ LD, LD Rewards and Simpli -Voice LD customers); Distribution of
Traffic (for EZ LD customers); Annual Usage Commitment Level (for EZ LD and
Horizon customers); Simpli- Business Supplemental Terris and Conditions; and
Simpli- Mobile Supplemental Terms and Conditions.
2. Any changes to the Agreement necessary to conform the Agreement to this
Addendum are hereby deemed to be made. In all other respects not inconsistent with
this Addendum, the terms of the Agreement not specifically or by necessary implication
amended or modified by this Addendum, shall be and remain in full force and effect as
ba & legal approved_2 /22/2010
modified hereby. This Addendum supersedes and replaces all prior and
contemporaneous agreements, discussions and understandings, whether written or
oral, concerning the subject matter hereof.
IN WITNESS WHEREOF, Deltacom and Customer have executed this
Addendum to Agreement For Service, by their duly authorized representatives, on the
day and year indicated below.
Kevin L. S' th 3- L i - - 2 U 1 O
Cu mer Si ture Print N e, Title Date
, ___ _-
D: t. • m'v. stance Print Name, Title Date
(must b - gned by Branch Manager or Officer of Deltacom)
ba & legal approved_2 /22/2010
.
Deltacom
Complete Customer Experience Guide
Welcome to Detacom!
We appreciate your business and will work hen I to earn and keep your trust.
We believe in business integrity and a positive ;ustomer experience with no surprises and no secrets.
This guide contains everything you need to loom about your Deltacom T -1 -based services, Be sure to review
this information and keep it handy as a referent s. Thank you again for choosing Deltacom!
Who to Cali Quick Guide
Customer Care Team Remote TAst Center Sim - Mobile Activation Pay Invoice via Phone
1111111111111 .11111111111 MEM
*Our US -based Customer Care representative will answer your can within 30 seconds,
Deltaview
Deltaview is Deltacom's self - service portal that puts you n the driver's seat to manage your account in a convenient 24/7
online application, From managing your monthly invoia m accessing useful reference materials, Deltaview embodies a
streamlined approach. Our Customer Care professionals amain only a phone call or email away.
Your Deltscom account number and Deltaview PIN are r' quired to register. A separate letter containing this
information and access instructions will be mailed to you Please register promptly upon receipt of the letter. Visit
http: / /deltaview.dcltacom.com to register and review th handy reference information.
Service Delivexy
Phase I -040 Days
A Dcitacom Technical Consultant (TC) will perform the S to Survey, which ensures:
> You are notified if installation of power, hackhoi rd., ground or inside wiring is needed.
- You are responsible for backboard, p wer and inside wiring. Dettacnm will provide backboard and
ground (up to 100 feet) for $0275.00.
- Inside wiring is available; Deltecom ca I quote that work separately if requested.
> neltacom Quality Control Coordinator (QCC) cc :ttacts you to verify service order and obtain technical details of the
installation. The QCC will engage your vendor{ i) as necessary.
Simpli - Mobile
Your devices are shipped to arrive via pedEx within 10 days. Please call to activate devices upon receipt.
r
PHASE II -11-45 Days
A Deltacom Installation Coordinator will contact you an 1 your equipment vendor to schedule network installation and
service activation dates.
> Last mile carrier technician (from AT &T, Emb: rq, Verizon or other provider, as appropriate) will install the
facilities at your service address before Deltacnn activates your services.
• The technician must have access to your ti lephone room when they,'trrIve.
> A certified Deltacom technician will arrive on: ite 3-5 days prior to your scheduled tnatatletion date to install
Deltacom equipment and test the network facilit r. Your custom configuration sheet will be attached to the Deltacom
equipment and left for your vendor.
• Please ensure there in apace available on t1 e backboard for new equipment. Remote Test Center
Your Deltacom Installation Coordinator calls to verify sa vice is ready and confirm 1.877.746.4863
the activation date. Please ensure your vendor is on site t > perform service
activation and contacts Dcltacom a Remote Test Center.
> Vendor charges accrue for time and /or materials elated to the service instaUatiori, Typical on -site activation time is
2 hours. Delirium is not responsible for outside endor charges.
> Your communication services will be temporarily iisrupted during activation. You can expect virtually no
disruption to your data service. Your voice servil e will take approximately 2-4 minutes per line to port from
previous carrier,
> Once installation is complete, you should contact ' our previous provider to verify that your services are
disconnected and billing is discontinued. You an the customer of record with your previous provider, therefore
Deltacotn cannot provide notice of discontit uation of service or billing on your behalf,
> if your name or phone number has changed, please note it eou td take up to 72 hours to display on caller id,
Additional Information Regarding Your Service Inat,.11ation
> Service must be installed within 90 days of cons -act execution or cancellation fee(s) wilt apply.
> Cancellation of services prior to activation wil incur a $1500 Fee per T - 1 circuit
> If services are not accepted within the establi: hcd time frame, a fee of $195 per circuit will be charged monthly
until services are accepted or cancelled.
NOTE; If you are unable to keep your appointment, 1 rescheduling fee of $250 will apply if you reschedule
more than one time Of do not provide three or more Justness days notice.
Deltacom invoice
A Deltacom representative will conbict you within 30 day : of your first invoice to review it and answer any questions.
> Your first invoice includes prorated Changes (curre it partial month plus your first full month),
PAYMENT OPTIONS
Paper bills - available upon request for $5.95 per montl > Deltaview
> Debit and credit cards - Visa, MasterCard and Discove ' > Voice Response Unit (VRU) - 877.729.4823
> Recurring monthly draft a Check or money order • for mailing address, visit
www tacom , com /payment_remittance.asp www.deltacotttcom/payment_remittance,asp
• t
f -,
ADDITIONAL PAYMENT INFORMATION
> It payment is not received by the due date on cur invoice, a Fee of 1,5% monthly, unless otherwise specified by
state, will incur and service may be interrupted
> If service is interrupted, a reconnection Fee of 125 for local service and $50 for data service is charged.
ADDITIONAL RATES AND INVOICE INI ORMATION
> All Deltacom provided equipment should bet sed only for its intended purposes. A monthly maintenance fee of
$12.95 per month relieves customers' liability fo Acts of God, inelnding lightning, fire, wind, flood and earthquake,
> Deltacom will recover the Customer Premise I yuipment (CPE) at the end of the contract or the customer will be
Charged the Listed purchase price for the CPE.
> DeUacom's rates, and the rates that Deltacom t lust pay to other telecommunications carriers, are Subject to
regulation by the FCC and various state public t tilities commissions. As with other telecommunications carriers,
retail and wholesale rate increases may occur do a to general economic conditions or increases in regulatory costs,
Deltacom Commits to limit rate incases to no n ore than 5% per year unless necessitated by factors outside of our
control such as significant regulatory, governme tai or other changes affecting our cost to provide class - leading
service, Rest assured that we do not take rate me misses lightly and always consider every other option before
making this decision,
INVOICE QUESTIONS OR DISPUTES
> You will receive an update within 48 hours of dia site notification.
> Estimated dispute resolution time is 10 days.
> IF there is a billing discrepancy, Del teepee will cor ect the error and credit the difference for up to 9D days,
US -BASED Customer Care Center
C ONTACT L800.239 -3000 f gusto: nerrecuests@deltacom.com
HOURS 7:00AM - 5:OOPM CST, / Monday - Friday repair Center - 24 x 7 .
> Calls to our Customer Care Center are answered v ithin 30 seconds.
> Entailed inquiries are acknowledged and assigned to an account agent within 48 hours of receipt.
Protect Your Network
As businesses continue to rely heavily on voice and data ;•■rvices, network protection and security are more important than
ever. While network deception is possible, the customer's phone system is one of the most common areas of
telecommunications Fraud. While there is no way to comF lately prevent fraud, taking the following actions can greatly
red ucc your risks.
• Do not request international access on you ' phone lines or calling cards unless absolutely necessary,
> Change voicemail passwords and security :odes to codes that utilize non - repetitive or non-consecutive digits,
Always create codes that utilize the maxim n number of digits allowed.
> Consider utilizing long distance account es des,
> Develop and maintain an internal compare security policy.
NOTE_ Deltacom is not responsible for fraud incurred fh neigh a breach of security in the aistomer owned or provided
equipment,
REPAIR
Deltacom owns and operates a highly reliable network. iowever, in the event you experience a network issue, please
follow the procedures below.
To report a repay issue, please call Customer Cars with rour account number and /or main telephone number.
Configure& n Request Minor Degradeiton of Service Out of Service Condition
At complel Tang Within 4 hours Within 2
hours
=!z; N/�
Every 2 hours Every hour
Up to24h Hers 12 hours
4hours
your service IS not recovere I ut ; - nme raffle t enn 'ed, your ttckCt will be escalate-it The escalation first rs
available online: http / /www.deltecnm.coial'maintena ice_escalation-aist.asp.
Move of Service
To request a move of your service from your existing la anon to a new location, contact Customer Care at least 45
days prior to the move,
> The move of service takes approximately 45 days to complete,
> You will receive an update within 10 day ; of placing the move order.
> Deltacom incurs casks associated with int :ailing and moving services including non - refundable charges from
the last mile carrier. In the event you need to move your services to a new location, Deltacom will subsidize a
significant portion of the cost. Your porno t
• 0-1R months from service activate l: 51,000 and a new term equal to your existing term
• 18 months after service activation 51,000 or a new term equal to your existing term
> Your rate may change depending on the la etion of your new facility due to underlying rate schedules and fees,
Add qt Change Lines and Features
'To request an addition of service or tines, please contact :ustpmer Care, Most requeeta are completed within 10 days.
Disconnecting Service
To disconnect service, send your request to disconnect@ eltacom.com. A 30 -day notice is required.
• Your contract auto - renews for a terra of 1 tear unless notice of intent to disconnect is received at least 30 days
and no more than 60 days prior to your co; .tract expiring.
> Deltacom invests a substantial amount to nstall yottr service. If you are still under contract you will incur the
following discontinuance fees:
• 50% monthly recurring charge (70% for iimpli•BusinesaSSM) multiplied by the remaining months of service,
NOM. For moves and disconnects, please refer to your. ontract for specialized seruiwes, as the fees may be different
We appreciate your business.
I have receiv( and reviewed my
Deltacom Complete C ustomer Experience Guide.
Customer Representative _ . .�
Date _A, 3 - 1(0- ( D
Deltacom Representative X/
Date 3-
Thank you f< r choosing Deltacom.
Deltacom Customer Care Team d e t t a c o m
1.800.239.3000 P L Accotmttable 8usirw -4 Solutions