These terms for the Atmosphere Outbound Voice Services are expressly incorporated into the Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”).
1. Service Description. IntelePeer will provide call termination services to deliver voice traffic from the Customer’s originating equipment to connect the Customer Interconnection Point to the owner of the dialed number (“Atmosphere Outbound Voice Services”), subject to the terms of this Attachment.
1.1 Local Traffic. Atmosphere Outbound Voice Services includes the termination of calls which originates and terminates in the same local calling area based on the “calling number” and the “called number” (“Local Traffic”). IntelePeer will calculate all minute-of-use based Rates on six (6) second minimums with six (6) second increments.
1.2 Long Distance Traffic. Atmosphere Outbound Voice Services includes the termination in the United States and Canada of (i) intraLATA calls, which originate and terminate in different local calling areas within the same LATA; and (ii) interLATA calls, which originate in one LATA and terminate in another LATA (collectively “Long Distance Traffic”). IntelePeer will calculate all minute-of-use based Rates on six (6) second minimums with six (6) second increments.
1.3 Other Traffic. Atmosphere Outbound Voice Services includes the termination of calls which originate in the United States and terminate in destinations outside of the United States or Canada for which the Rate Notification(s) provide a Rate pursuant to Section 2 (“Other Traffic”), in accordance with IntelePeer’s Section 214 license and other applicable export regulations. IntelePeer has divided these destinations into the following categories: (i) Caribbean and U.S. territories including American Samoa, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Dominican Republic, Grenada, Guam, Jamaica, Montserrat, Northern Mariana Islands, Puerto Rico, St. Maarten (Dutch), St. Vincent Grenadine, St. Kitts & Nevis, St. Lucia, Trinidad & Tobago, Turks & Caicos Islands, and U.S. Virgin Islands; and (ii) all international countries other than Canada or destinations in (i). IntelePeer will provision the categories of Other Traffic Customer has identified in its account on the CloudCentral Customer Portal. IntelePeer reserves the right, in its sole discretion and without liability, to discontinue Voice Service to any international routes with a high risk of fraud, upon the issuance of a Rate Notification. IntelePeer will calculate all minute-of-use based Rates on sixty (60) second minimums with sixty (60) second increments for Mexico, and thirty (30) second minimums with six (6) second increments all remaining Other Traffic destinations.
2.1 IntelePeer will provide the Rates for Atmosphere Outbound Voice Services as outlined in Section 4.1 of the Agreement, or on any subsequent Rate Notification
2.2 For Other Traffic, IntelePeer will charge based on the Rates as outlined in Section 4.1 of the Agreement, or on any subsequent Rate Notification
2.3 Additional Surcharges. If Customer’s Outbound Voice Services Traffic fails to meet one or more of the following conditions in a given billing cycle, IntelePeer will charge, without notice and in addition to the Rates for the calls, a surcharge equal to $0.01 per call, for calls exceeding thresholds sent by Customer during that billing cycle under this Attachment.
(i) The total minutes during the billing cycle divided by the total completed calls for the billing cycle or Average Length of Call (“ALOC”), must not drop below one (1) minute;
(ii) The total completed calls during the billing cycle divided by the total call attempts, or Answer Seizure Ratio (“ASR”), for the billing cycle not resulting from any action by IntelePeer, must not drop below sixty-five percent (65%); or
(iii) The number of completed calls during any billing cycle, which are six (6) seconds or less in duration, must not exceed more than twenty percent (20%) of total calls made during the billing cycle.
3. Fair Usage Policy for Atmosphere® Outbound Voice Services.
3.1 IntelePeer provides Atmosphere® Outbound Voice Services under this Agreement conditioned upon compliance at all times with the Fair Usage Policy set forth in this Section, which is designed to prevent fraud and abuse of its Voice Services.
3.2 The Atmosphere Outbound Voice Services are intended to be used for general purpose enterprise UC usage (which may include some limited conferencing or enterprise contact center usage), in which all calls are placed via direct human interaction. IntelePeer strictly prohibits any use of the Atmosphere® Outbound Voice Services inconsistent with the purpose, including without limitation: (i) connecting to any device, computer or telephone system, which can either (a) place calls in an automated fashion (such as any predictive dialer, auto-dialer or robo dialer), or (b) makes routing choices based on the cost of a call (such as a least cost routing engine); (ii) traffic patterns which fail to conform either on a monthly average basis with the thresholds in the Additional Surcharge Section, or to a natural distribution across RBOC, ILEC, CLEC and wireless destinations; or (iii) reselling the Atmosphere® Outbound Voice Services under any circumstances (collectively “Prohibited Uses”).
3.3 IntelePeer will monitor usage patterns and notify Customer of any usage that appears to be Prohibited Use(s), and reserves the right to take any unusual activity into account in making its determination. If Customer does not correct the Prohibited Use by the end of the billing cycle following the notification by IntelePeer, or if Prohibited Uses appear in any subsequent billing cycles, IntelePeer reserves the right, in its sole discretion and without any additional notice, to adjust the amounts invoiced to Customer for any affected billing cycles to reflect the appropriate pricing for such Prohibited Uses or terminate the Agreement.