These terms for the Atmosphere Toll Free Services are expressly incorporated into the Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”).
1. Service Description. IntelePeer will provide origination of voice traffic for toll free calls within the United States and Canada with termination to the Customer (“Atmosphere Toll Free Service”). The Atmosphere Toll Free Service does not include any functionality or features of 911 or Emergency Service. To obtain Emergency Service from IntelePeer, Customer must adopt a separate service Attachment.
2.1 IntelePeer will calculate all minute-of-use based Rates on the number of seconds from when an answer supervision signal is recorded to when a disconnect signal occurs, and will bill in six (6) second minimums with six (6) second increments.
2.2 Additional Surcharges.
2.2.1 If 10% or more of the Customer’s calls are not able to be completed, IntelePeer may impose a surcharge of $0.05 per call.
2.2.2 If 10% or more of the Customer’s calls are equal to or less than six (6) seconds, IntelePeer may impose a surcharge of $0.01 per call.
2.2.3 Customer agrees to assume sole responsibility for all payphone surcharges incurred in use of these Services, including without limitation any instances in which separate arrangements are made with a third-party payphone provider or other third-party that exempts Customer from payphone surcharges. Customer must provide IntelePeer with sufficient written documentation evidencing any such arrangement, including without limitation contact information, prior to seeking waiver of any applicable payphone surcharges on the particular number(s) (“Payphone Surcharge Exemption”). Upon IntelePeer’s verification of Customer’s Payphone Surcharge Exemption, Customer must submit a list of telephone numbers to the IntelePeer Number Administration at firstname.lastname@example.org to identify which telephone numbers the Payphone Surcharge Exemption will apply prospectively. Customer will provide written notice to email@example.com of any disputed charge in connection with its Payphone Surcharge Exemption(s), including sufficient detail and documentation reasonably requested by IntelePeer to efficiently resolve the dispute with respect to the application of any payphone surcharges to any telephone numbers under any existing Payphone Surcharge Exemption (“PSE Dispute Notice”) within thirty (30) days of the Invoice Date (“PSE Dispute Period”). The PSE Dispute Notice will not relieve Customer of its obligation to pay all undisputed amounts by the Due Date, and will not affect the termination or suspension rights of IntelePeer. If Customer does not provide the PSE Dispute Notice within the PSE Dispute Period, Customer will be deemed to have consented to the amounts charged on the invoice, and to have waived any right to dispute the invoice.
2.3 IntelePeer will provide the Rates for Atmosphere Toll Free Service as outlined in Section 4.1 of the Agreement, or on any subsequent Rate Notification.
3. Fair Usage Policy for Atmosphere Toll Free Services.
3.1 IntelePeer provides Atmosphere® Toll Free 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 Services.
3.2 The Atmosphere Toll Free Services are intended to be used for general purpose enterprise usage (which may include conferencing or enterprise contact center usage). IntelePeer strictly prohibits any use of the Atmosphere® Toll Free Services inconsistent with the purpose, including without limitation that traffic patterns fail to conform to a natural distribution across RBOC, ILEC, CLEC and wireless origination points (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.