These terms for the Atmosphere Fax Services are expressly incorporated into the Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”).
1. Service Description. IntelePeer will provide inbound and outbound electronic facsimile services to Customer in accordance with the terms of this Attachment (“Atmosphere Fax Service”).
1.1 The Atmosphere Fax Service will support: (i) outbound fax messages sent to IntelePeer by the Customer for delivery to a specified fax number, and submitted for delivery through a web service allowing connections through HTTPs (SSL) and through regular e-mail and encrypted e-mail (TLS); and (ii) inbound fax messages received by IntelePeer via a G3 fax and delivered to the internet e-mail addresses or secure web services destination as designated by Customer in the Atmosphere Fax Order Form in either TIFF or PDF format as requested by Customer.
1.2 IntelePeer will grant Customer the exclusive right to use the telephone numbers and the toll free numbers solely for the Atmosphere Fax Services during the term of this Agreement. Such grant does not transfer any ownership of these numbers to the Customer. Upon request by Customer at the time of termination of this Agreement, IntelePeer may transfer ownership of these numbers, as well as any numbers ported to IntelePeer from Customer for use of Services.
1.3 Customer will be responsible for the content of any transmission over the Customer’s Atmosphere Fax Service. If any claims are made against IntelePeer, or its vendors, arising out of any Customer transmission over the Atmosphere Fax Service, Customer will indemnify IntelePeer and hold it harmless from and against any damages and expenses (including reasonable attorney fees incurred in defending any such claim).
1.4 NOTWITHSTANDING THE GENERAL LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL INTELEPEER’S AGGREGATE LIABILITY FOR CLAIMS, ACTIONS, LIABILITIES OR EXPENSES ARISING FROM, OR IN CONNECTION WITH, ATMOSPHERE FAX SERVICES EXCEED THE AMOUNT OF PAYMENTS ACTUALLY RECEIVED BY INTELEPEER FOR ATMOSPHERE FAX SERVICES, DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT FROM WHICH LIABILITY AROSE, OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS LESS.
1.5 If the use of the Atmosphere® Fax Service is subject to the requirements under the Health Insurance Portability and Accountability Act (“HIPAA”), Customer must notify IntelePeer via email@example.com within two (2) business days of the Effective Date, to receive a Business Associate Agreement. If Customer has not executed the Business Associate Agreement within fifteen (15) days of the Effective Date, IntelePeer reserves the right to suspend the Atmosphere Fax Service, until such time that the Business Associate Agreement is executed.
2.1 IntelePeer will provide Rates for Atmosphere Fax Service as outlined in www.intelepeer.com/terms/atmosphere-fax-pricing/ for Rates on international fax messages. International Rates include all destinations in Hawaii and Alaska.