Services & Rates, Terms & Conditions | DashTel Communications

DASHTEL TERMS OF SERVICE

Master Terms and Conditions

Services: Services (the Services) are as set forth on the Order Form and are provided by DashTel, LLC and/or its affiliates and/or subsidiaries (Company). Provision of the Services is subject to Company Tariffs, as modified from time to time, on file with applicable federal and state regulatory agencies. Any conflict or inconsistency among or between (i) these Master Terms and Conditions, (ii) the Product-Specific Terms and Conditions, (iii) the Order Form and (iv) the Service Proposal shall be resolved according to the above order of precedence, from the document with the greatest control to the least. Hereinafter, (i) these Master Terms and Conditions, (ii) the Product-Specific Terms and Conditions, (iii) the Order Form and (iv) the Service Proposal shall be collectively referred to as the Agreement.

Availability of the Services: The Company shall use commercially reasonable efforts to provide the Services. The Company’s obligation to furnish the Services is dependent upon its ability to obtain and retain (i) access to suitable facilities and services without unreasonable expense and (ii) all necessary governmental authorizations. The Services may be (i) temporarily refused due system capacity limits or to other circumstances beyond Company’s control or (ii) temporarily interrupted due to facilities modifications, upgrades, relocations or repairs or similar activities necessary for the proper or improved provision of the Services. Company reserves the right to modify the Services from time to time. Customer shall obtain no property right in the use of any facility, connection, equipment, number, process or code.

Order Acceptance: No order for the Services shall be binding upon Company until such order has been accepted in writing by Company. Company, in its sole discretion, may decline to accept any order for the Services. All orders are subject to credit approval.

Term: The Term of the Agreement shall be as set forth on the Order Form and shall commence on the earlier of (i) the date the Services are activated by Company or Customer or (ii) the date specified in the applicable Product-Specific Terms and Conditions. The Term shall automatically extend for 1 year periods, unless Customer notifies Company in writing of its intent not to renew at least 30 days prior to the end of the current Term. Fees may apply in the event that (i) Customer cancels an order for the Services prior to activation of the Services, or (ii) if Customer discontinues the Services prior to the end of the current Term, or (iii) Company terminates the Services as a result of Customers breach of these Master Terms and Conditions or the applicable Product-Specific Terms and Conditions. Early termination fees are set forth on the Order Form. Customer agrees that these early termination fees represent liquidated damages and not a penalty and are a reasonable estimate of the actual reduction in value of this Agreement that Company will sustain.

Rates and Charges: Rates and charges for the Services are set forth on the Order Form, on Company’s Standard Pricing Schedules and in the Tariffs. All listed rates and charges are exclusive of federal, state and local sales, use, value added, excise, duty and other taxes, as well as amounts paid by Company, directly or indirectly, to, or as a result of, actions taken by, governmental or quasi-governmental authorities, which amounts may be passed on to Customer by Company, with associated administrative fees. Installation, change, expedite, overage, disconnection, reconnection, repair, early termination and other non-recurring charges may apply. Calls using the Services are rounded up to the next minute at the termination of the call.

Rate Adjustments: Customer may terminate this Agreement on thirty (30) days prior written notice to Company with no further liability to Company in the event that Company increases the overall rates for the Services in an aggregate amount in excess of five percent (5%) in any twelve (12) month period; provided that Customer shall be required to pay for all of the Services provided to it by Company prior to the date of termination; provided further that Customer may not terminate this Agreement pursuant to this section in the event that Company withdraws Customer’s rate increase in writing within twenty (20) days of the receipt of Customer’s termination notice.

Unauthorized Use of Services: Customer shall bear the risk of loss arising from any unauthorized or fraudulent use of the Services provided under this Agreement to Customer. Company reserves the right, but is not required, to take any and all action it deems appropriate (including, without limitation, blocking access to particular calling numbers or geographic areas) to prevent or terminate any fraud or abuse in connection with the Services, or any use thereof.

Payment Terms: Customer assumes responsibility, and agrees to pay, Company all amounts due for the Services, including associated taxes, fees and surcharges. Usages-sensitive charges will be billed monthly in arrears; recurring charges will be billed monthly in advance; nonrecurring charges will be billed upon completion of the associated activity. All invoices are due and payable within 20 days of the invoice date (the ?Due Date). Customer may be charged a late payment fee, in addition to, the late payment charge of 1.5% of the past due amount. Billing shall be deemed correct and binding on Customer unless Customer notifies Company in writing of a dispute within 30 days following the invoice date. Customer agrees to pay all costs incurred by Company in collecting any amounts due hereunder, including, without limitation, reasonable attorney and collection agency fees. Customers who provide payment by means of credit or debit cards, or who provide a credit or debit card as security, authorize the Company to charge said credit or debit card for all amounts due hereunder.

Security Deposit: Company reserves the right to require a security deposit from Customer at any time based on Company’s assessment of Customer’s credit status and payment history.

Warranty: COMPANY SHALL EXERCISE COMMERCIALLY ??REASONABLE?? EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE, BUT MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SERVICES OR THE FACILITIES OR THE EQUIPMENT BY MEANS OF WHICH THE SERVICES ARE PROVIDED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY GIVEN TIME OR SPEED, OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA THE SERVICES.

Force Majeure: Neither party shall be liable for any delay or failure in performance, other than timely payment of amounts due hereunder, due to Force Majeure, which shall include, without limitation, acts of God, labor disputes, terrorist activities, changes in law or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, third party non- performance, equipment failures, or other occurrences which are beyond the delayed party’s reasonable control.

Limitation of Liability: COMPANY SHALL NOT BE LIABLE FOR DAMAGES, INJURY OR COSTS ARISING OUT OF (I) DELAYS, MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION; (II) DELAYS OR OTHER PROBLEMS ASSOCIATED WITH INSTALLATION, PROVISIONING, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION OR RESTORATION OF THE SERVICES; (III) INADVERTENT DISCLOSURE, CORRUPTION OR ERASURE OF DATA; (IV) SERVICES OR FACILITIES NOT FURNISHED BY COMPANY; (V) ANY ACT OR OMISSION OF A THIRD- PARTY FURNISHING ANY PORTION OF THE SERVICES OR FACILITIES USED TO PROVIDE THE SERVICES; OR (VI) ANY EVENT THAT PREVENTS COMPANY FROM PERFORMING OBLIGATIONS UNDER THIS AGREEMENT BEYOND THE REASONABLE CONTROL OF COMPANY. COMPANY’S LIABILITY, IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED AN AMOUNT EQUAL TO CHARGES PAID BY CUSTOMER FOR THE SERVICE PERIOD IN WHICH THE LIABILITY WAS INCURRED; PROVIDED, HOWEVER, THAT COMPANY’S CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO COMPANY IN THE LATEST TWELVE-MONTH PERIOD. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS OR LOSS OF USE, PROFITS, REVENUE, OR GOODWILL, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY. FOR THE AVOIDANCE OF ANY DOUBT; PROVIDED, HOWEVER, THAT ANY AMOUNTS PAID PURSUANT TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT SHALL BE DEEMED DIRECT DAMAGES.

Indemnification: Customer agrees to defend, indemnify and hold harmless Company and its employees, officers, directors or agents from any third party claims or actions or any losses, damages or costs, including costs and reasonable attorney’s fees, attributed to, arising out of or ??resulting from Company’s provision or Customers use of the Services.

Telephone Numbers: In no event shall Company be liable for (i) any telephone numbers published or distributed by Customer prior to executing this Agreement or (ii) for any directory publishing errors.

Termination: Company may temporarily suspend or permanently terminate Services to Customer without liability (a) on ten (10) days written notice to Customer in the event that Customer fails to timely pay amounts due to Company, (b) on thirty (30) days written notice to Customer in the event that Customer (i) provides fraudulent billing information, (ii) violates this Agreement, any other Agreement between Company and Customer, Company’s Acceptable Use Policy, Company Tariffs or applicable laws or regulations and fails to cure such violation within the thirty (30) day notice period, or (iii) uses the Services in a manner that is excessive or unreasonable when compared to the predominant usage patterns of other customers on a similar service plan in Customers geographic area; (b) immediately by reason of an order of a court or regulatory or other governmental authority; (c) immediately upon institution by or against Customer of a proceeding for relief under the Bankruptcy Code, the insolvency of Customer or the appointment of a receiver of Customer’s property; or (d) immediately if Company deems such action necessary to protect itself or third parties against fraud or to protect its personnel, agents or services. Company may also pursue such other remedies as may be available to it at law or in equity. Neither termination nor expiration of Customers Services shall relieve Customer of liabilities previously accrued hereunder. Early termination charges may apply if the Services are cancelled prior to the end of the Term of this Agreement, including, without limitation, payment of any non-recurring charges waived by Company.

AAcceptable Use Policy: The Services shall be used only for lawful purposes. In using Services, Customer shall not engage in any illegal, abusive or unethical activity, including, but not limited to, the display or distribution of pornography or other obscene, vulgar, profane, offensive or sexually explicit materials, perpetration of fraud, libel, defamation or other violations of privacy, hacking, spreading computer viruses, pirating software or other materials, promoting or conducting gambling, publishing threats or racial, ethnic or sexual slurs or engaging in intimidation or other forms of harassment. Customer shall not upload, post or otherwise transmit any content that it does not have a right to transmit under any law or under contractual or fiduciary relationships, including, but not limited to, insider information, proprietary and confidential information, or content which violates or infringes any copyright, trademark, patent, statutory, common law or proprietary rights of others. Customer shall not transmit unsolicited messages, list Company in any spammed message, or reply-to address or send large volumes of unsolicited e-mail to individuals or to individual business accounts. Customer commits to defend, indemnify and hold harmless Company and its employees, officers, directors or agents from any and all claims or actions of whatever nature or arising out of or resulting from Customers failure to fully comply with these Acceptable Use Policies.

Limitations on Services: Notwithstanding any other provision contained herein, this Agreement shall apply only to non-carrier services provided directly to Customer for use only by Customer. For the avoidance of doubt, Customer may not purchase services under this Agreement and resell the Services to end users. In the event that Customer uses the Services in a manner that is inappropriate, excessive or unreasonable when compared to the predominant usage patterns of other customers on a similar service plan in Customers geographic area, Company reserves the right to implement new or different charges or move Customer to a rate plan consistent with Customers use of the Services. Inappropriate usage includes, but is not limited to, using certain Company services or calling plans in conjunction with an auto-dialer, call center or certain automated switching equipment, or for calls made to numbers used in connection with hotlines or radio broadcasting services. The Company reserves the right to change the calling plan of customers with inappropriate usage or who are not in compliance with the restrictions set forth in the applicable tariff.

Additional Customer Responsibilities: Customer shall supply space, equipment, network, wiring, electrical power and environmental conditions suitable for, and compatible with, Companys provision of the Services. Any equipment provided by Company shall remain property of Company and shall be promptly returned to Company in good working order upon termination or expiration of the Term of this Agreement. Customer is responsible for all use of Services, with or without its knowledge or consent. Customer is solely responsible for maintaining the security of its account, password, files, network and user access. Customer agrees that Company does not monitor, review or restrict information, communications, software, photos, video, graphics, music, sounds, services or other material available from third parties via the Services (Content), and that Customer bears all risks associated with the accuracy, completeness, reliability or usefulness of said Content. Customer shall be liable for damage to Company equipment and network facilities caused by (i) Customer, or Customer’s agents, employees or suppliers or (ii) malfunction or failure of any equipment or facility provided by Customer or its agents, employees or suppliers.

Installation: Customer represents that it has or has secured the authority necessary for installation of all equipment necessary to provide the Services. Customer shall secure all licenses, permits, rights-of-way and other arrangements necessary for such installation. Customer shall allow Company reasonable access and right-of-way to Customer’s premises for equipment installation and maintenance. Company shall exercise commercially reasonable efforts to schedule and conduct installation and maintenance activities so as not to unreasonably interfere with Customers operations. Customer agrees to pay a Missed Appointment Fee if (i) Customer cancels a scheduled appointment on less than 24 hours notice or; (ii) an Installation Technician is unable to complete installation because Customer is not available and/or unable to grant access to all areas required for successful installation.

Intellectual Property: Company grants Customer a non- exclusive, non-transferable, revocable, limited license to use the Services and all hardware and software necessary to access the Services, in strict accordance with this Agreement, said license to automatically terminate upon termination of Company’s provision of the Services to Customer. Title, property rights, software and hardware licenses, including all intellectual property rights (IP Rights), are and shall remain with Company, whether or not embedded in the Services. Customer will not acquire or claim any right, title or interest in or to the IP Rights through purchase and use of the Services. IP addresses and other personal identifiers assigned by Company for Customers use remain the property of Company and shall revert back to Company upon discontinuance of the Services.

Dispute Resolution: The parties shall attempt to resolve all disputes cooperatively without formal proceedings. Any claim, dispute or controversy (whether in contract, tort or otherwise) relating to the sale or provision of the Services or this Agreement which cannot be so resolved (other than the collection of amounts due for the Services and requests for injunctive relief) shall be the subject of mandatory arbitration. Such arbitration shall be conducted in accordance with the U.S. Arbitration Act (Title 9, U.S. Code), and under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York. The decision of the arbitrator shall be final and binding upon the parties. Judgment upon the arbitration award may be entered in any court of competent jurisdiction. Each dispute must be conducted individually and not in conjunction with disputes of other customers. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS ND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

Survival: The provisions contained in this Agreement that by their context are intended to survive termination or expiration of this Agreement shall survive, including without limitation, the Warranty, Limitations on Liability, Indemnification, Acceptable Use Policy, Intellectual Property, Dispute Resolution, Survival and Miscellaneous Sections.

Notices: All notices hereunder shall be in writing and deemed delivered upon receipt by the receiving party, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by an overnight delivery service (with delivery confirmation) to the addresses set forth in the Order Form, or to such other address(es) as the parties may designate from time to time.

Third Parties: Customer may not transfer any of its rights or obligations under this Agreement to a third party without the express, prior written consent of Company. The rights and obligations under this Agreement shall survive any merger or sale of a party and shall be binding upon the successors and permitted assigns of each party. This Agreement shall be binding upon and inure to the exclusive benefit of the parties hereto, and their respective permitted assigns, heirs, successors and legal representatives. It is not the intent of the parties that there be any third party beneficiaries of this Agreement.

Relationship of Parties: Company and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Company and Customer. Neither Company nor Customer will have the power to bind the other ??or ??incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided herein.

Amendment\Waiver: Unless otherwise provided herein, this Agreement may be amended only by an instrument in writing duly executed by both parties. No waiver by a party of a breach of this Agreement by the other party shall be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other provision hereof. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof.

Regulatory Change: Notwithstanding anything else to the contrary in this Agreement, Company may unilaterally amend this Agreement, including, without limitation, pricing, in response to a regulatory change that materially changes the technical feasibility or economics of providing the Services. In the event that Company exercises this option and the rate adjustment is not otherwise allowable hereunder, Customer shall have thirty (30) days from written notice thereof to terminate this Agreement without liability

Entire Agreement\Severability: This Agreement, including the Master Terms and Conditions, the Product-Specific Terms and Conditions, the Order Form, the Service Proposal and the Tariffs, all ??as ??incorporated by reference, set forth the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and collateral covenants, arrangements, communications, representations and warranties, whether oral or written, by either party (or any officer, director, employee or representative thereof) with respect to the subject matter hereof. If any provision of this Agreement is determined to be invalid or contrary to any existing or future law of any jurisdiction or any order or regulation of a court or governmental authority, such invalidity shall not impair the operation of or affect those provisions in any other jurisdiction or any other provisions hereof which are valid, and the invalid provisions shall be construed in such manner as shall be as similar in terms to such invalid provisions as may be possible, consistent with applicable law.

Governing Law\Consent to Jurisdiction: This service arrangement shall be governed by the laws of the State of New York without regard to its choice of law provisions. Each party consents to the personal jurisdiction and venue of the New York State Courts located in New York County, New York. THE PARTIES HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY COMPANY.

Authorization to Use CPNI: Customer hereby authorizes Company to use and to disclose and permit access by its affiliates and partners to Customer’s customer proprietary network information (“CPNI”) to enhance Company’s ability to offer products and services tailored to Customer’s needs. CPNI is information that relates to the quantity, technical configuration, type, destination and amount of use of Services by Customer and that is available to Company solely as a result of Companys provision of Services to Customer. Under federal law, Company has a duty to protect Customer’s CPNI and Customer has the right to prohibit certain uses of its CPNI. Although Customer’s authorization to Company to use, disclose and permit access to Customer’s CPNI will remain in effect until Customer affirmatively revokes such authorization, Customer may withdraw its authorization at any time by notifying Company in writing. Denial of authorization to use, disclose and permit access to Customer’s CPNI will not affect Company’s provision of the Services to Customer.

Product-Specific Terms & Conditions

BUSINESS ONE SERVICE

(Capitalized terms herein shall have the same meaning as such capitalized term shall have in the Master Terms and Conditions)

Term: The Term shall commence on the earlier of (i) the date the Services are activated by Customer or Company, or (ii) fifteen (15) days after written notice by Company of its readiness to schedule service turn-up. The Term shall be minimally twelve (12) months or longer, as set forth in the Order Form. Billing shall commence on the commencement of the Term.

Early Termination:

(a) All Customers: A Restocking Fee of $149.00 will be assessed on each Business One handset returned prior to expiration of the Term.

(b)?? Service Provided with Access.

If Customer cancels an order for Business One Service before Company has accepted a circuit on Customer’s behalf, Customer shall be subject to a $2,000 Order Cancellation Fee for each canceled circuit.

For Cable Modem Subscribers, If Customer cancels order before the Vendor Establishment Date, defined as the date DashTel or third party accepted the circuit from Vendor on Customer’s behalf, Customer is subject to a $100 Order Cancellation Fee for each canceled circuit.

If Customer cancels an order after Company has accepted a circuit on Customer’s behalf but before installation is complete, Customer shall be subject to an Early Cancellation Fee for each terminated Service in an amount equal to the Monthly Recurring Charge (MRC) for the Business One Service multiplied by the number of months remaining in the then-current Term.

If Customer terminates Business One Service, in whole or in part, or if Company terminates Business One Service for Cause, before the expiration of the Term, Customer shall be subject to an Early Cancellation Fee for each terminated Service in an amount equal to the MRC for the Service multiplied by the number of months remaining in the then-current Term.

If Customer cancels order before Service start date, Customer is subject to a $100

Order Cancellation Fee for each canceled circuit.

(d) Order Cancellation and Early Cancellation Fees shall be immediately due and payable upon order cancellation or Service Termination.

Termination:

(a) In the event Customer elects to disconnect a circuit, Customer shall provide written notice to Company using a Company-provided Letter of Disconnect (available at www.ecareenterprise.com), which shall be effective thirty (30) days from the date of Company’s receipt thereof.

(b) All Company-provided equipment must be returned in good working order, normal wear and tear excepted. Customer shall ship equipment to Company within three (3) business days of disconnection of the Business One Services. For equipment not returned, Customer shall be liable for the full retail value or, in Company’s discretion, the replacement value of the equipment. Company-provided equipment remains the property of Company.

(c) Upon termination, Customer agrees to relinquish any IP addresses or address blocks assigned to Customer by DashTel.

Customer Obligations:

(a) Customer must supply a 120 VAC receptacle for Customer Premises Equipment (CPE). Networking protocol must be TCP/IP. Customer must supply own Ethernet hub or router and connect it to the Company CPE and ensure there is an available port. Each PC MUST have a Network Interface Controller (NIC) card installed (Customer must supply and install NIC card if missing). Company does not support Customer’s PC’s or LAN unless contracted separately via Professional Services Agreement. Company does not connect PC’s and/or hubs to the CPE nor configure PC’s to work on a network.

(b) Customer MUST provide a fully switched 100 Mb/s Ethernet LAN without hubs, with CAT5 wiring or better throughout, and provide LAN ports and 115 VAC receptacles for all phones.

(c) The port capacity of the switch must accommodate the Business One phones that are to be connected and any other devices running on this LAN segment including servers, printers, standalone computers, etc.

(d) If necessary, DashTel will make commercially reasonable efforts to have the CPE installed at a specific location at the site, i.e. the DMARC location.

However, additional inside wiring costs may be required, with prior customer approval. Cross-Connect(s) between DashTel and customer cross- connect block is not included. Any additional inside wiring required at the time of installation will be billable at a rate of $75 per 30 minute increment(s), 1 hr. minimum, plus the cost of materials.

(e) If Customer orders a Power over Ethernet (PoE) switch, configuration of Customer’s Virtual Local Area Network (VLAN) by DashTel will require a separate DashTel Professional Services Agreement to be executed and will be processed through a separate Order.

Business One Wi-Fi Adapter Customer Requirements:

Customers must have an existing Wi-Fi network with sufficient available bandwidth. Appropriate routing or DHCP/IP addressing must be in place from the wireless network either to the Internet (for Business One FlexConnect) or to the main voice LAN of the DashTel router (Business One). Customer must have one or more local area networks that share a single internet connection at each location. No more than 10 adapters per wireless network. Customer must provide DashTel with their SSID and password.

Wi-Fi Adapter Important Notes:

(a)Maximum wireless signal rates are derived from IEEE standard 802.11 specifications.

(b)Actual data throughput will vary.

(c)Network conditions and environmental factors, including volume of network traffic, building materials and construction, and network overhead, may lower actual data throughput rates and may affect voice quality.

(d)Wi-Fi Adapter Service is NOT available in medical facilities, schools, or emergency services (police, fire, or ambulance).

Installation:

(a) Business One Service Generally: Due date for service is approximately sixty (60) business days from the date of the order. Customer must accept both voice and data services on the installation date or no services will be provisioned and Customer will be assessed $149 Missed Appointment Fee. Business One Service includes use of DashTel-owned Integrated Access Device (IAD) for duration of the Term at no additional charge. IP router functionality is configured with one static, routable IP address and Network Address Translation (NAT) enabled.

(b) Business One Service Delivered via Switched Ethernet: Due date for service is approximately one hundred and twenty (120) days from the date of the order. Customer must accept the Internet Access services on installation date or Customer will be assessed a $149 Missed Appointment Fee and billing will commence.?? If Internet is selected; the port is provisioned via the Ethernet facility from the Demarc to the Public Internet. This includes fiber local loop to the port and a 100 Mbps commitment of IP hand-off, rate limited to the chosen speed. Construction costs may apply.

(c) Business One Service Delivered via Cable Modem: Cable Modem Service provides Customer with a direct internet connection and one static IP address. Service is not assured until Service is installed and operable. Cable Modem Service is a “commercially reasonable effort” meaning that DashTel does not guarantee bandwidth or speeds. If technician is turned away at Customer Premises at time of cable modem delivery, Customer will incur a seventy-five dollar ($75) re-scheduling fee.

Services:

(a) Business One calling plans includes packages of local, regional and nationwide calling, as well as, calls to Canada, Puerto Rico and the U.S. Virgin Islands. Calls in excess of 150,000 minutes per site per month shall be levied an overage rate based on term commitment as follows: two (2) year term: $0.029/min. three (3) year term:

$0.024/min. five (5) year term: $0.022/min. International calls will be charged at a per minute rate per Company’s Basic International calling plan unless another plan is selected at the time of order. Sale of Business One Services is contingent upon Customer subscribing to Company’s local, regional, long distance and Internet access services for a minimum quantity of four (4) Simultaneous Call Capacities and eight (8) IP Stations and subscribing to these services throughout the full service term

(b) Monthly fees for Business One Service include up to four (4) routable IP addresses at no additional charge.

(c) Business One Service includes three (3) months of Mobile Twinning service at no additional charge. The normal monthly fee of $5 per Mobile Twinning user will commence with your fourth (4th) invoice. You may cancel this Service at any time.

(d) Internet bandwidth bursts up to the full provisioned bandwidth are available when voice lines are not in use.

(e) Call Recordings are available for a rolling thirty (30 day period. Customer will be billed $10 per GB of capacity used to store call recordings, monthly.

Training:

(a) Training for Business One ACD: Customer will be charged $250 for Business One ACD training, which includes a 2.5 hour web conference. Additional training can be purchased for an additional $100 per hour.

(b) Training for Business One ACD with Call Recording: Customer will be charged $250 for Business One ACD with Call Recording training, which includes a 3 hour web conference. Additional training can be purchased for an additional $100 per hour.

Support:

(a) Customer’s Tenant Administrator is provided with sixty (60) days of support via the Business One toll-free support line at no additional charge. After sixty (60) days, any calls into Business One support for functions that can be performed by the Tenant

Administrator via the Business One portal will be billed $40 for the first thirty (30) minutes plus $25 per fifteen (15) minute period thereafter.

(b) If “Outsourced Tenant Support” is purchased, Company will perform all Tenant Administration duties for an additional $10 per user, per month. (Outsourced tenant support is not available with Business One ACD or Business One ACD with Call Recording.)

Service Quality:

(a) Service Level Assurance for Cable Modem.

DashTel (“DashTel”) Network Availability Objective is to make the DashTel Network available to its eligible Dedicated Service(s) Customers 99.99% of the time, subject to the conditions and restrictions set forth below.

This Network Availability Objective covers all DashTel Managed: (1) Dedicated Services & Facilities (including access). (2) Hardware, CPE, and Software Platforms/Systems. (3) Physical plant and “Core” infrastructure facilities. The Network Availability Objective calculations will not include any unavailability that Dedicated Service(s) Customers fail to report to DashTel immediately upon a service outage by initiating a trouble ticket, or any unavailability resulting from: (a) standard DashTel Network maintenance, (b) any Customer and/or 3rd party ordered facilities and/or provided hardware; (c) Customer controlled applications and/or equipment, (d) acts or omissions of Dedicated Service(s) Customer, or any use or user of the service authorized by Customer or (e) reasons of Force Majeure as defined in Agreement.

(b) Service Level Assurance for Data Products (not MPLS, Flex Connect or Cable Modem): Company’s Network Availability Objective is to make the Company network available to its eligible Dedicated Service(s) Customers 99.99% of the time, subject to the conditions and restrictions set forth below.

This Network Availability Objective covers all Company Managed: (1) Dedicated Services & Facilities (including access). (2) Hardware, CPE, and Software Platforms/Systems. (3) Physical plant and “Core” infrastructure facilities. The Network Availability Objective calculations will not include any unavailability that Dedicated Service(s) Customers fail to report to DashTel immediately upon a service outage by initiating a trouble ticket, or any unavailability resulting from: (a) standard Company maintenance, (b) any Customer and/or 3rd party ordered facilities and/or provided hardware, (c) Customer controlled applications and/or equipment, (d) acts or omissions of Customer, or any use or user of the service authorized by Customer or (e) reasons of Force Majeure as defined in Agreement.

In the event Company fails to meet the Network Availability Objective for any given month, Customers may request an “Outage Credit” of five percent (5%) of the applicable MRC for each calendar day in which an outage of thirty (30) minutes or more occurs. Customer’s request must be issued within thirty (30) calendar days of Outage, and any “Outage Credit” shall be credited on Customer’s next monthly invoice. In no event shall DashTel liability for “Outage Credits” exceed one hundred percent (100%) of the affected MRC(s).

(c) Service Level Assurance for Business One ACD and Business One ACD with Call Recording: In the event that Business One ACD or Business One ACD with Call Recording is unavailable for more than thirty continuous minutes during any given month, reported by Customer via Trouble Ticket and verified by Company, Customer may request an “Outage Credit” of five percent (5%) of the applicable feature monthly recurring charge (“FMRC”) for each calendar day in which an outage of thirty (30) minutes or more occurs. In the event recorded calls are unavailable during the thirty (30) day rolling period, reported by Customer via Trouble Ticket and verified by DashTel, Customer may request an “Outage Credit” of five percent (5%) of the of the applicable FMRC. Customer’s written request must be received within thirty (30) calendar days of the Outage, and any “Outage Credit” shall be credited on Customer’s next monthly invoice. In no event shall DashTel liability for

“Outage Credits” exceed one hundred (100%) of the affected FMRC(s).

(d) Port Availability for Business One and SIP services (not CPA or Cable Modem): Is a measurement of the total time that Business One or SIP Service is operative when measured over a thirty (30) day month (or 720 hour) period (hereinafter “Month”). Business One or SIP Service is considered inoperative when Customer cannot exchange IP Packets over the DashTel Business One or SIP network. Port Availability objective is 99.99%.

(e) Latency for Business One and SIP services (not CPA or Cable Modem): Latency is the average round trip time, measured over a Month, required for an IP packet (100 bytes) to travel between “Core” IP POP’s. Latency objective on the DashTel Business One or SIP network is for an average round trip time of forty-five (45) minutes.

(f) Packet Delivery for Business One or SIP and SIP services (not CPA or Cable Modem): Packet delivery is the successful delivery of packets between any two (2) customer ports on the Company Business One or SIP network, measured by the percentage of one hundred (100) byte packets delivered at five (5) iterations of one hundred (100) trials, averaged over a Month. Packet Delivery objective is 99%.

(g) Jitter for Business One?? and SIP services (not CPA or Cable Modem): Jitter is a measurement of the standard deviation of latency averaged over a Month, required for an IP packet (100 bytes) to travel between “Core” IP POP’s. Jitter objective is for standard? deviation of latency not to exceed fifteen (15) minutes.

Cable Modem CPE Warranty.

For DashTel-provided Cable modems (hereinafter “Customer premises equipment” or “CPE”), DashTel or its agent may supply new or re-certified equipment. DashTel provides an equipment warranty for the DashTel- provided CPE for 12 months from the date of installation. At DashTel’s discretion, any equipment DashTel or its agents supplies as replacement equipment (e.g., for warranty purposes) may be new, re-certified or refurbished. Any equipment supplied as replacement equipment will carry the remainder of the original CPE warranty. Title to the CPE shall remain with DashTel or its vendors. Customer shall not modify the equipment or permit the equipment to be modified (other than by DashTel authorized personnel).

Warranty Exclusions

DashTel warranty obligations under this Agreement exclude provision of consumable supplies, repair or replacement of equipment failures or malfunctions caused by Customer provided equipment or by improper installation, operations, or maintenance by other than DashTel authorized representatives, relocation or modification by Customer or others not under DashTel’s control, failure or interruption of Customer- provided broadband communications or electrical power, accident, fire, lightning, snow, ice, snow/ice removal, or other hazards beyond normal range of use, vandalism, trouble calls where no problem is found and the reported problem does not repeat within five calendar days, or failures or malfunctions resulting from exposure of the equipment to conditions beyond its normal operating parameters. Any such failures and malfunctions will be repaired on a commercially reasonable effort basis by the underlying service provider. The fees for such dispatches will be passed through and are payable by Customer.

Service Credits:

(a) Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time during which Business One Service does not conform to SLA objectives as set forth above. An Outage shall begin upon immediate notice (trouble ticket initiated) from Customer, provided that Customer has released all or part of the Business One Service for testing if requested by Company to do so. In the event Company fails to conform to SLA objectives as set forth above, Customer shall be entitled to an “Outage Credit” upon request. Company must receive Customer’s request within thirty (30) calendar days of Outage, and any “Outage Credit” shall be credited on Customer’s next monthly invoice. If Company does not receive Customer’s request within such thirty (30) calendar day period, Customer shall be deemed to waive its right to the “Outage Credit”.

(b) The amount of any applicable “Outage Credit” for Business One Service shall be calculated as follows: Port Availability, Latency, Packet Delivery and Jitter, for any given month, Business One Customers may request an “Outage Credit” of 5% of the applicable MRC for each calendar day in which affected Business One Port(s) fail(s) to conform for thirty (30) minutes or more, with the SLA objective criteria set forth above. In no event shall DashTel’s liability for an Outage exceed one hundred (100%) of the MRC for the affected MRC(s).

(c) Because a service interruption can affect several SLA’s at the same time, Company shall only issue an “Outage Credit” for one (1) missed SLA objective for availability on the same port within the same calendar month. If Customer is utilizing Company’s Dedicated Internet Access Service (“DIA”) with its Business One Service and Customer experiences an Outage impacting both Business One and DIA Services, Customer shall only be entitled to seek a single “Outage Credit” pursuant to this Schedule.

(d) Customer shall not receive an “Outage Credit” if the Outage is: (i) caused by Customer or others authorized by Customer to use the Business One Service under the Agreement, including the failure to comply with all installation requirements including environmental requirements for the applicable equipment; (ii) due to the failure of power, facilities, equipment, systems or connections not provided by Company; (iii) the result of network maintenance activity, or (iv) due to a Force Majeure event as defined in the Agreement; (v) due to bandwidth saturation or other resource exhaustion or outage caused by malicious traffic such as Viruses, Worms, Trojan horses, Denial of Service (DOS) attacks, etc; (vi) due to service suspension for non-payment; or (vii) the customer is in breach of its obligations under the Agreement; or (viii) customer knowingly or unknowingly attempts to alter or manipulate QoS policies, routing or signaling protocols, or other parameters necessary to the Service. Customer’s exclusive remedy for failure to achieve any of the SLA objectives contained herein shall be Outage Credits on Customer’s monthly invoice.

Product-Specific Terms & Conditions

DashTel Fax

(Capitalized terms herein shall have the same meaning as such capitalized term shall have in the Master Terms and Conditions)

Term: The Term shall commence on the earlier of (i) the date the Services are activated by Customer or Company, or (ii) fifteen (15) days after written notice by Company of its readiness to schedule service turn-up. The Term shall be minimally twelve (12) months or longer, as set forth in the Order Form. Billing shall commence on the commencement of the Term.

DashTel Fax Services:

1. During a month, if a Fax line goes over its allotted number of fax pages, each additional page above the bundle level purchased will be billed at the overage rate per fax page sent or received, as identified within bundle selection. For DashTel Fax Measured package, each domestic page sent and received will be billed at $0.09 per page.

2. International Outbound Fax pages will be billed on a per country and per page basis and are not included within bundled packages.

3. Only one email address may be associated with each fax number for sending or receiving.

4. Only one bundle package applies per email address. A bundle limit may not be shared across multiple email addresses.

5. Unused fax pages will not rollover to next month’s billing.

6. A copy of the fax sent or received will be stored for 5 days. After 5 days faxes are deleted. Upon request, customer can contact DashTel for retrieval of fax. It is recommended that customer store faxes on their hard drive.