Product Terms & Conditions
Contract #______
Date: ______
1.Internet.
1.1Metro E/Metro G/Symmetrical. COMPANY will use commercially reasonable efforts to achieve the Internet speed selected by CUSTOMER, however, actual Internet speeds may vary. Many factors affect speed including, without limitation, CUSTOMER configuration of firewall, network and endpoint equipment, software running on CUSTOMER equipment, limitation of throughput of CUSTOMER network/equipment and the number of workstations using a single connection. Speed test sites vary and are not an accurate measurement tool to determine true throughput of the connection.
CUSTOMER is responsible for protecting their internal network from the various harmful elements of the Internet, including, but not limitedto, denial of service attacks, malware, viruses, and general network hacking. COMPANY may not be held liable for any attacks, whether previously stated or not, that may result in the destruction of CUSTOMER’S physical property or valuable data.
1.2Companion. CUSTOMER agrees that it will be liable for any charges associated with Internet backup provided by a third-party in the event of a service disruption or failure not directly caused by the action(s) of COMPANY or the failure of COMPANY equipment and/or fiber optic lines. CUSTOMER agrees not to alter or tamper with any COMPANY equipment, including, but not limited to, the fiber optic lines, without COMPANY authorization or permission. Should CUSTOMER alter or tamper with any COMPANY equipment, CUSTOMER agrees to pay $1 per megabyte used by CUSTOMER after the tampering and up until the COMPANY equipment is repaired by COMPANY.
2.Traditional and Hosted Voice.
2.1Media on Hold. CUSTOMER agrees to obtain and maintain all necessary licenses, permissions and consents in relation to the Services, including, but not limited to, CUSTOMER supplied music and/or media. CUSTOMER represents that to its knowledge, none of the CUSTOMER supplied music and/or media and CUSTOMER’S use thereof infringes or will infringe any Intellectual Property Right of any third party, including any registered or unregistered copyright or trademark. The COMPANY reserves the right to remove music and/or media at any time.
2.2Accession Mobile App/Accession Desktop.CUSTOMER acknowledges that CUSTOMER should NOT make calls to 911using Accession Mobile App or Accession Desktop. The Accession Mobile App and Accession Desktop do not have enhanced location functionality and therefore, 911 dispatchers may receive incorrect location information when called using these products. COMPANY populates the 911 database with the CUSTOMER provided business address. 911 calls made by the CUSTOMER using Accession Mobile App or Accession Desktopmay or may not result in 911 dispatching to the CUSTOMER’S business address. COMPANY shall not be held liable for any incorrect 911 dispatching due to the CUSTOMER’S use of any COMPANY provided voice services, including, but not limited to, Accession Mobile App and Accession Desktop.
Accession Mobile App may use cellular data. Cellular carrier data rates may apply.
COMPANY cannot guarantee voice quality for Accession Mobile App or Accession Desktop.
Refer to the Accession End User Licensing Agreement (EULA) and the CTS Telecom, Inc EULA under the Settings tab of your Accession application for additional terms and conditions.
2.3Business Group Administration (BGAdmin). CUSTOMER acknowledges that manipulating settings in the Business Group Administration portal may result in configuration issues that may or may not cause system malfunctions. If needed, the COMPANY can rectify issues caused by CUSTOMER manipulation at the COMPANY’S then-current standard hourly rates. Incorrect configuration by CUSTOMER my cause malfunctions including, but not limited to, extended periods of downtime, incorrect routing of phone calls, additional calling charges, and loss of voicemails.
3.IT Solutions.
3.1Managed Router/Firewall. Installation includes; Pre-setup programming, onsight installation, & on sight programming. Support includes; VPN setup/troubleshooting, Port Forwards, Content filtering, Gateway Antivirus, IDS, IPS, & Internet connectivity. COMPANY will replace hardware in event of hardware failure. COMPANY will monitor Firewall for up/down status & bandwidth utilization. Monthly charges do not include PC & Printer support.Hardware failure does not include water, fire, power surge, or blunt force damage. COMPANY does not guarantee Wireless/Wi-Fi coverage & connectivity as wireless networks are best effort delivery. This contract does not include printer support, Workstation/PC Support, or Wiring of any kind. Failure to pay for any COMPANY product will result in disconnection of all COMPANY services until payment amount due is collected in full. All charges will be billed on the COMPANY monthly billing statement. Pricing and availability subject to change.
3.2Unmanaged Router/Firewall. CUSTOMER acknowledges that they are purchasing an unmanaged device that has standardized provisioning and installation. The CUSTOMER will not hold the COMPANY liable for any network issues associated with this device, even those that may or may not arise from the lack of any managed services, including, but not limited to: firmware updates, security patches, or the activation of advanced intrusion prevention. The COMPANY will provide the CUSTOMER with all login information for the device and it is the sole responsibility of the CUSTOMER or the CUSTOMER’s IT Vendor to connect the device to the CUSTOMER LAN and LAN equipment. The COMPANY will not provide security or provide ongoing support on this equipment, unless the COMPANY is hired as the CUSTOMER IT vendor.
3.3Remote Media Management (RMM).Product includes: Advance Performance Monitoring, Key Application Maintenance, OS Patch Management, 3rd Party Patch Management, Anti-Virus Monitoring and Web Protection. The RMM allows COMPANY to monitor and notify CUSTOMER when monitored systems are degraded, unpatched, or infected. COMPANY will notify CUSTOMER of RMM alerts and discuss plans and charges associatedfor remediation. Any action taken on any issue will be billable at the COMPANY’S then-current standard hourly IT consulting rates. Optional RMM Compliance scans are available upon request (one-time charges apply). RMM patches are applied during the standard COMPANY RMM maintenance window between 11:00 PM - 3:00 AM Monday – Friday.
3.4Colocation. See Colocation Agreement.
3.5General IT Consulting. Cancelation of order will result in a 20% restocking fee & any completed labor charge. Any labor outside of the projectscope provided by the COMPANY to the CUSTOMER will be billed at COMPANY standard hourly rate. Any materials not listed on the project scopethat are needed or used to complete the requested work will be billed on final statement of work after completion. In case of customer no call no show a trip charge will be applied. All work done outside of normal business hours i.e. 8:00 A.M to 5:00 PM. will be billedat 1.5 times the standard COMPANY hourly rate. All work done on COMPANY holidays will be done at 2 times the COMPANY hourly rate.
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