HomeMy Public PortalAboutWindstream VoIP and Data 4-2-12 windstream®
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Customer Name: CITY OF TYBEE ISLAND
Install Street Address: 403 BUTLER AV City, State, Zip: TYB*I, GA 31328
Main Telephone Number: -- EAN: 4219376
Contact Name: Todd Smith Proposal ID: 1822096
Account Representative: Melinda Highsmith Proposal Type: A-Add Renegotiation
Term: 3 Year(s)
Basic Feature Bundle
Basic Feature Bundle 1 $40.00
Bundled Services
B Channel 23
D Channel 1
Analog Line 5
Bandwidth 4.5Mb ----
Transport T1 3
Virtual Private Network Bandwidth 4.5Mb
Total Bundled Services $481.98
Voice Local Features
Caller ID 1 $0.00
DID Numbers 109 $17.80
Toll Restriction 1 $0.00
Call Forward Universal 4 $0.00
Caller ID 4 $0.00
Directory Listing - Unpublished 2 $4.00
Hunting 1 $0.00
Toll Restriction 6 $0.00
Voice Long Distance Features
Audio and Web Bucket 100 $0.00
Directory Assistance- Free Calls 10 $0.00
Long Distance Blocks 3,000 $64.00
Bandwidth Data Features
Data Equipment Maintenance Charge 1 $10.95
IP Addresses 16 $16.00
VPN Features
QoS Real Time 4.5 $900.00
Total Features $1012.75
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Authorized Customer Initial:
Total Monthly Recurring Charges $1,494.73
Total Non-Recurring Charges $0.00
In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for
maintaining a Minimum Monthly Commitment of 85%of their Total Monthly Recurring Charges.
Minimum Monthly Commitment $1,270.52
Unless an Upsell is specifically indicated above, if this is a change or addition to Services currently received by Customer at the
service location listed on this Proposal, this Proposal supersedes the existing Proposal or Service Schedule related to the
location. For Upsells, this Proposal only shows the additions or changes to Services provided at the applicable service location.
In all instances,the term set forth herein begins upon the earlier of(i)the Installation Date(which may be the date administrative
access to certain software-based is granted to Customer); or(ii) 30 days after delivery of the applicable facility or equipment to
the Customer premises(if the delay in connection of the facility and/or equipment is due to Customer or its agent) ; however, for
existing customers, any rate or Product changes("Changes")will be effective at the start of the next billing cycle after the
Changes have been made,which could be at least two bill cycles from the date of this Proposal.
In the event Customer's Services include fees associated with installing enterprise data products, including but not limited to,
Ethernet Internet Service, MPLS, Hosted VoIP,VoIP and Data, Managed Security or Managed Router, and unless a Proposal
provides otherwise,fifty percent(50%) of Customer's non-recurring costs("NRCs") shall be paid by Customer on the Effective
Date, prior to Company starting any work to install the Services.The remaining fifty percent (50%) of the NRCs shall be paid
upon receipt of the first invoice after billing has started pursuant to this Section. Customer's NRCs, if any, will be identified in the
Proposal.
Authorized Windstream Representative Name:
Authorized Windstream Representative Signature: Date:
Authorized Customer Name: 7:0=
Authorized Customer Signature: Date:
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oIP and. Data Bundle
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Customer Name: CITY OF TYBEE (CAMPGROUND)
Install Street Address: 5 FORT AV UNIT OFC City, State, Zip: TYB*I, GA 31328
Main Telephone Number: -- EAN: 4237599
Contact Name: Todd Smith Proposal ID: 1823443
Account Representative: Melinda Highsmith Proposal Type: A-Add Renegotiation
Term: 3 Year(s)
Basic Feature Bundle
Basic Feature Bundle 1 $40.00
Bundled Services
Business Line 8
Bandwidth 1.5Mb
Transport T1 1
Virtual Private Network Bandwidth 1.5Mb
Total Bundled Services $284.05
Voice Local Features
Call Forward Universal 8 $0.00
Caller ID 8 $0.00
Directory Listing 1 $0.00
Hunting 2 $0.00
Toll Restriction 8 $0.00
Voice Long Distance Features
Audio and Web Bucket 100 $0.00
Directory Assistance- Free Calls 10 $0.00
Long Distance Blocks 1,000 $0.00
800 Number 1 $0.00
Bandwidth Data Features
Data Equipment Maintenance Charge 1 $10.95
IP Addresses 4 $5.00
VPN Features
QoS Real Time 1.5 $250.00
Total Features $265.95
Page 1 of 2
Authorized Customer Initial:
Total Monthly Recurring Charges $550.00
Total Non-Recurring Charges $0.00
In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for
maintaining a Minimum Monthly Commitment of 85%of their Total Monthly Recurring Charges.
Minimum Monthly Commitment $467.50
Unless an Upsell is specifically indicated above, if this is a change or addition to Services currently received by Customer at the
service location listed on this Proposal,this Proposal supersedes the existing Proposal or Service Schedule related to the
location. For Upsells, this Proposal only shows the additions or changes to Services provided at the applicable service location.
In all instances, the term set forth herein begins upon the earlier of(i)the Installation Date (which may be the date administrative
access to certain software-based is granted to Customer); or(ii) 30 days after delivery of the applicable facility or equipment to
the Customer premises(if the delay in connection of the facility and/or equipment is due to Customer or its agent) ; however,for
existing customers, any rate or Product changes("Changes")will be effective at the start of the next billing cycle after the
Changes have been made,which could be at least two bill cycles from the date of this Proposal.
In the event Customer's Services include fees associated with installing enterprise data products, including but not limited to,
Ethernet Internet Service, MPLS, Hosted VoIP, VoIP and Data, Managed Security or Managed Router, and unless a Proposal
provides otherwise, fifty percent(50%) of Customer's non-recurring costs ("NRCs") shall be paid by Customer on the Effective
Date, prior to Company starting any work to install the Services.The remaining fifty percent (50%) of the NRCs shall be paid
upon receipt of the first invoice after billing has started pursuant to this Section. Customer's NRCs, if any, will be identified in the
Proposal.
Authorized Windstream Representative Name:
Authorized Windstream Representative Signature: Date:
Authorized Customer Name: i S Q �
Authorized Customer Signature: Date: 141//E,
Page 2 of 2
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Customer Name:CITY OF TYBEE(CAMPGROUND)
!. i New Customer
Address for service:5 FORT AV
City:TYB*I State:GA 'Zip: 132
.._ 'Existing p 31328
11 x !Customer
Services to be provided at above location unless different address indicated on Proposal(s)attached hereto.
<If CSA covers services at multiple locations, Proposal for each location must be attached.
CUSTOMER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the L day of 4 ,L ,20 (Z ("Effective Date")by and between Customer
and the Windstream legal entit(ies)providing the Services to Customer and as1 identified on Customer's bill("Company").The Parties agree as
follows:
1. Term and Renewal..This Agreement and its Proposal(s)and/or Service Schedules("Proposals")incorporated herein by reference
("Agreement")are effective on the Effective Date set forth above and will continue for the Term set forth in the Proposal from the date that
Services are installed until either terminated pursuant to the provisions below or replaced with a new Agreement.Upon expiration of the Term,this
Agreement will automatically renew for successive one-year terms,(each,a"Renewal Term")until terminated or cancelled pursuant to its
terms.
2. Charges for Services;Billing and Payment.Customer is responsible for paying all charges that apply to the Services ordered on a Proposal or
used on a per-use basis by Customer,including items such as features,installation,labor,repair,long distance,and directory or operator assistance
as specified on the Proposal or set forth in Company's Price Lists or Tariffs.Customer is responsible for taxes,surcharges,fees,and assessments
that apply to the sale and use of Services,including how those may change in the future.Company will bill Customer monthly for the Service,
payable on receipt of the bill notice.Billing at a location will begin upon the earlier of(i)the Installation Date(which may be the date administrative
access to certain software-based Services is granted to Customer);or(ii)30 days after delivery of the applicable facility and/or equipment to the
Customer premises(if the delay in connection of the facility and/or equipment is due to Customer or its agent);however,Company may choose
to bill in full monthly increments with no proration for partial service periods when service either starts or ends in the middle of a billing cycle. In
certain service areas,paper bills are available only upon request and for a monthly charge.If Customer authorizes payment by credit or debit card,
then Company will not obtain further consent or provide additional notice before invoicing the credit or debit card for all amounts due and owing.
COMPANY RESERVES THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES("MRCS")ON AT LEAST 30 DAYS'
NOTICE AND OTHER RATES AT ANY TIME.
3.Disputes. To dispute a bill,Customer must do so in good faith and deliver to Company in writing the specific basis for such dispute within 30
days after the date on the bill.If Customer does not follow this dispute process,the dispute shall be deemed waived.Each party has the right to
discuss issues directly with the other party and Company may refuse to discuss issues through Customer's external representative.
4.Partial Payments;Late Payments.Company may accept any payments Customer marks as being`payment in full"or as being settlement of
any dispute without waiving any rights Company has to either collect the full payments from Customer. Customer is responsible for paying all costs
and fees Company incurs as a result of collecting Customer's unpaid charges.If Company does not receive full payment when due or does not
receive payment in immediately available funds, Company will add a late payment fee to the amounts owed and will calculate such fee as the total
owed times interest at the maximum rate allowable by law.
5.Credits and Deposits. Customer authorizes Company to ask credit-reporting agencies for Customer's credit information.Company may require
Customer to submit an initial security deposit and/or adv.ancepay.mentand an additional deposit and/or.advance paymentand/or advance payment
if Customer increases Services or Customer's credit rating changes.The deposit will be refunded if satisfactory credit has been established or
upon termination of this Agreement for any reason,except that Company at its discretion may apply the deposit to any amount due and unpaid by
Customer.
6.Services Location; Moves.Customer is responsible for providing an environment that is suitable for the Services,including equipment that is
compatible with Company's network.Customer shall provide Company with the correct address to obtain Services because Company relies on such
information to determine which taxes,fees,surcharges and assessments apply to Services.If Customer does not provide a valid address,Customer
will be responsible for any resulting taxes,fees,surcharges,assessments and penalties related thereto.Customer will notify Company if Customer's
address changes,in which case Company may either(a)terminate the affected Services;or(b)allow Customer to provide 60 days'advance notice
to Company to move Services to a new location and pay any applicable installation charges.Customer will enter into a new Agreement for such new
location or Company will apply the liquidated damages set forth in Section 14 for the terminated location.Charges could apply and monthly fees may
be affected for moves.
7.Company-Provided and Owned Equipment.Any equipment installed by Company on Customer's premises that is not the subject of a sale or
lease to Customer(such as the CSU/DSU,interface cards,Channel Bank and routers,if applicable)shall remain at all times the p ;4rty of
kill
Customer Initials
PRIVATE/PROPRIETARY
Contains Private and/or Proprietary Information.May not be used or disclosed outside NuVox except pursuant to a written agreement.
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Company.Equipment shall remain in good condition,less normal wear and tear.Company shall be responsible for the maintenance and repair
of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents,in which case Customer shall
reimburse Company for the cost of any necessary repairs.
Customer shall provide Company reasonable access to the equipment for purposes of repair,maintenance,removal or otherwise.If Company does
not have access to Customer's premises within 30 days after Customer terminates with Company,Customer shall reimburse Company for the full
purchase price of the equipment as well as any attorney's fees and costs.
8.Disconnection of Current Provider;Special Construction;Third Party Charges.Customer is solely responsible for disconnecting Services
with its current service provider.Company is not responsible for any charges assessed against Customer by such provider.Customer shall pay all
charges if Company or a third party provider is required to extend the demarcation point or undertake special construction for Customer.Unless
Company specifically agrees in writing to undertake equipment installation and maintenance work,Customer is responsible for all charges assessed
by its phone system vendor and other third parties in connection with the installation of the Services and Company shall have no responsibility for
maintenance or repair of same.
9.Internet.Company cannot guarantee speeds or uninterrupted,error-free service. Internet speeds are distance and location-sensitive and speed
will vary based on factors such as the condition of wiring inside a specific location,computer configuration,network or Internet congestion,the server
speed of the Web sites accessed,and other factors.
10.Google.IF CUSTOMER SUBSCRIBES TO GOOGLE SERVICES THROUGH COMPANY,CUSTOMER WILL BE REQUIRED
TO COMPLETE A CLICK-THROUGH AGREEMENT FOR THE GOOGLE LICENSE POSTED AT http//wwwwindstream.com/legal!
Google Apps Premier Edition Lice_nse.odf PRIOR TO USING THE RELEVANT SERVICES.Company may cancel Google Services at any time
on 30 days'notice and,at Company's option,may either terminate such Google Services altogether or move Customer to a similar platform.In the
event that Company or Customer terminates the Google Services or downgrades or cancels Google Services,Customer is solely responsible for
downloading all of its information to its computer within 30 days.
11.American Recovery and Reinvestment Act(ARRA).Customer must notify Company of all restrictions,requirements and reporting obligations
to which Company could become subject pursuant to the ARRA before Company provisions Services to Customer.Customer will not use ARRA
or stimulus funds,grants or loans,in whole or in part,to support its performance under this Agreement without Company's prior written consent
regarding any specifically applicable ARRA terms. If Customer fails to provide such prior written notice to Company of ARRA or stimulus funding
or if Company does not consent to the use of such funding,then Company has the right,in its sole discretion,to reject any order or terminate this
Agreement and/or any applicable Services,without liability or obligation to Company.
12.Documents Incorporated by Reference; Entire Agreement;Counterparts; Execution.THIS AGREEMENT IS SUBJECT TO AND
INCORPORATES THE FOLLOWING BY REFERENCE,AS THEY MAY CHANGE FROM TIME TO TIME:(I)THE TERMS AND CONDITIONS
OF THE TARIFFS FILED WITH STATE PUBLIC SERVICE COMMISSIONS; (II)THE FCC OR STATE WEB-POSTED PRICE LISTS OR TERMS
AND CONDITIONS(EITHER"PRICE LISTS")POSTED AT http://windstream_com/doc uments/detariffedservices.pdf;(III)FOR INTERNET,
THE"ACCEPTABLE USE POLICY"POSTED AThttp;//www2.windstream.net/customersupport/usersguide/accept/_accept.html AND THE
"PRIVACY POLICY"POSTED AT http://www.windstrearn,com/privacy.aspx;AND(IV)IF CUSTOMER IS OBTAINING CERTAIN VALUE-ADDED
SERVICES(I.E.,ONLINE BACK UP SERVICES,TECH HELP,ETC),CUSTOMER WILL BE REQUIRED TO CLICK-THROUGH AGREEMENTS
RELATED TO THOSE SERVICES(CLICK-THROUGHS)PRIOR TO ACCESSING SUCH SERVICE,WHICH SHALL BE DEEMED PART OF THIS
AGREEMENT.This Agreement,the documents incorporated by reference and any Customer Addendums entered between the parties constitute
the Parties'entire Agreement.This Agreement and any Addendums hereto may be amended only in a writing signed by authorized representatives
of each party.This Agreement and its incorporated documents supersede any and all statements or promises made to Customer by any Company
employee or agent.In the event of any conflict between the provisions of this Agreement and any of the documents incorporated by reference,
the provisions of the Google License shall control for Google Services,followed by the Tariffs and Price Lists or Value-Added Services click-
through agreements for applicable Services,this Agreement and then the Acceptable Use and Privacy policies.This Agreement may be signed in
counterparts,and facsimile or electronic scanned copies may be treated as original signatures.Company also may execute this Agreement via a
verifiable electronic signature.
13.Termination.Either party may terminate this Agreement by providing at least 30 days'notice prior to the end of the initial Term or a Renewal
Term or if the other party is in breach of any material provision of this Agreement and such other party fails to cure within 30 days after written
notice.Customer's right to terminate for cause is limited to termination of the affected Services at the affected location only.Company may limit,
interrupt or terminate Services immediately if:(a)after any required notice,Customer has not paid for Services;or(b)Customer uses the Services in
an adverse manner that affects Company's network or other customers;or(c)Customer or others have used the Services fraudulently or unlawfully
while on Customer's premises or while the Services are under Customer's control;or(d)Customer or others use the Services in an excessive,
abusive,or unreasonable manner that is not customary for the type of Services;or(e)Customer resells any Services or uses the Services to
aggregate other persons'traffic;or(f)Customer uses the Services for its own end users and/or customers as a telecommunications provider or
any other kind of provider. In addition to the termination rights of Company set forth above,if Customer or others use the Services in an excessive,
abusive,or unreasonable manner that is not customary for the type of Services(including,but not limited to,circumstances in which Company is
receiving traffic from Customer that originates from a location other than the local calling area associated with the customer's service location),
company may:(v)charge long-distance charges for such traffic and any additional charges necessary to recoup its administrative costs and any
charges from other carriers;(w)charge an additional price per minute in Company's discretion for each call that violates this provision;(x)restrict or
cancel use or convert customer to another plan;(y)require customer to pay for the excessive use immediately and make a deposit. or(z)void
Customer Initials
PRIVATE/PROPRIETARY
Contains Private and/or Proprietary Information.May not be used or disclosed outside NuVox except pursuant to a written agreement.
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any applicable price guarantee.Company may restore service if customer corrects the violation and pays all outstanding amounts owed,including
restoration charges.For Ethernet Internet Access services and MPLS-Virtual Private Network/Virtual LAN Services,Company shall verify the
availability of facilities,and in the event that Company determines in its sole discretion that facilities are not economically or technically feasible,
Company has the right to terminate this Agreement without liability.
14.Effect of Termination.
a.Pre-Installation-If Customer terminates this Agreement after the Effective Date but prior to the installation of Service(s),Customer will pay
Company a Pre-Installation Cancellation Charge(Cancellation Charge)equal to three months of MRCs except that if Company's costs to other
providers are greater than this amount,Customer shall also reimburse Company for such costs.Customer agrees that the Cancellation Charge is a
reasonable measure of the administrative costs and other fees incurred by Company to prepare for installation.The Cancellation Charge set forth in
this Section 14(a)is in lieu of the charges set forth in 14(b)below for post-installation cancellations.
b.Post-Installation- CUSTOMER UNDERSTANDS THAT ITS RATES ARE BASED UPON ITS COMMITMENT TO PURCHASE SERVICES FOR
THE TERM OR RENEWAL TERM.AS SUCH,IF CUSTOMER TERMINATES THIS AGREEMENT OR ANY SERVICES PROVIDED HEREUNDER
AFTER INSTALLATION DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR CAUSE,IT SHALL PAY TO
COMPANY AS LIQUIDATED DAMAGES,NOT A PENALTY,AN AMOUNT EQUAL TO 50%OF THE MRCS MULTIPLIED BY THE NUMBER
OF MONTHS REMAINING IN THE THEN-CURRENT TERM OR RENEWAL TERM("LIQUIDATED DAMAGES").If Customer's Proposal includes
Monthly Minimum Charges("MMCs")and Customer terminates or disconnects less than the entirety of its Services such that its actual usage
at a location falls below the MMC for that location,Customer will pay the MMC every month in lieu of the liquidated damages set forth above.If
Customer's Proposal does not includes MMCs and Customer terminates or disconnects less than the entirety of its Services such that its actual
usage at a location falls below 50%of its original contracted rate for that location,Customer will pay 50%of the MRCs every month in lieu of the
liquidated damages set forth above.Additionally,if Customer received a bundled rate for the disconnected Service(s),then Customer's charges may
be adjusted by Company to the unbundled service rates.
15.Limitation of Liability and Indemnity.FOR PURPOSES OF THIS SECTION,DISCLAIMER OF WARRANTIES,AND EMERGENCY.
CRITICAL LINES PROVISIONS,"COMPANY"INCLUDES ITS OFFICERS,DIRECTORS,SHAREHOLDERS,EMPLOYEES,AGENTS,
SUBCONTRACTORS,VENDORS,AND ANY ENTITY ON WHICH BEHALF COMPANY RESELLS SERVICES.COMPANY'S LIABILITY
FOR SERVICES PROVIDED UNDER THIS AGREEMENT WILL NOT EXCEED CUSTOMER'S MRCS DURING THE PERIOD IN WHICH THE
DAMAGE OCCURS.IF CUSTOMER'S SERVICE IS INTERRUPTED,COMPANY'S LIABILITY WILL BE LIMITED TO A PRO-RATA CREDIT
FOR THE PERIOD OF INTERRUPTION.UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY ACCIDENT OR INJURY
CAUSED BY SERVICES,ANY INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES(SUCH AS LOST PROFITS,LOST BUSINESS
OPPORTUNITIES,BUSINESS INTERRUPTION,LOSS OF BUSINESS DATA),ANY PUNITIVE OR EXEMPLARY DAMAGES,THE COST
OF ALTERNATIVE SERVICE,OR ATTORNEY'S FEES OR FOR ANY DELAY OR FAILURE TO PERFORM UNDER THIS AGREEMENT
(INCLUDING BUT NOT LIMITED TO SERVICE INTERRUPTIONS)DUE TO CAUSES BEYOND COMPANY'S REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO,STRIKES,LOCKOUTS,OTHER LABOR UNREST,CABLE CUTS OR COMMON CARRIER DELAYS.
CUSTOMER AGREES THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT COMPANY'S LIABILITY
AS PROVIDED HEREIN.EACH PARTY WILL DEFEND,INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY,AND ITS RESPECTIVE
DIRECTORS,OFFICERS,EMPLOYEES,AND AGENTS,FROM AND AGAINST ALL THIRD-PARTY CLAIMS ARISING OUT OF THE
INDEMNIFYING PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT.COMPANY IS NOT RESPONSIBLE OR LIABLE IF SERVICES ARE LOST,STOLEN OR MISUSED,EXCEPT WHEN DUE
SOLELY TO COMPANY'S NEGLIGENCE OR GROSS MISCONDUCT.CUSTOMER IS RESPONSIBLE FOR ALL USAGE,CHARGES,AND
LIABILITY INCURRED FOR SUCH LOSS,MISUSE,OR THEFT OF SERVICES WHILE IN CUSTOMER'S CONTROL,REGARDLESS OF
WHETHER/WHEN COMPANY NOTIFIES CUSTOMER OF INCREASED USAGE.
16.Disclaimer of Warranties.SERVICES ARE PROVIDED ON AN"AS IS"AND"AS-AVAILABLE"BASIS WITHOUT WARRANTIES OF
ANY KIND,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE,warranty arising by COURSE of trade,course of
dealing or course of performance,any warranty that the SERVICES will meet customer's requirements OR ANY WARRANTY REGARDING
THE QUALITY,CONTENT,ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR
OVER THE NETWORK AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.WITHOUT LIMITING THE FOREGOING,BROADBAND
SPEEDS,TRANSMISSION QUALITY,AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED.NO ORAL OR
WRITTEN ADVICE OR INFORMATION BY COMPANY'S EMPLOYEES,AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY,AND
CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION.
17.Emergency.Critical Lines.CUSTOMER ACKNOWLEDGES THAT CERTAIN SERVICES MAY NOT PROVIDE ACCESS TO 911 OR
TRANSMIT THE LOCATION OR EXTENSION IF CUSTOMER ATTEMPTS TO ACCESS 911 IN AN EMERGENCY.Examples include voice
over Internet protocol,Centrex,and private branch exchange.Additionally,because Tls and VoIP can cease operating during a power outage,
Customer should have a basic business or copper line for elevator,alarm,E911 and other critical functions.By signing this Agreement,Customer
acknowledges that Customer has read this disclosure.By proceeding with use of Services,Customer assumes all responsibility and risk of harm,
loss,or damage in the event that 911 access fails,is not possible,or does not provide the address,correct address,extension or other information
to emergency authorities.
18.Confidentiality.Except when this Agreement is required to be filed with a governmental authority,the Parties agree that this Agreement
contains proprietary and confidential information and shall not be disclosed publicly to any third party except the such dealer(s)or agent(s)of
Company that are negotiating with Customer in order to execute this Agreement.
Customer Bnutuals (( �
PRIVATE/PROPRIETARY
Contains Private and/or Proprietary Information.May not be used or disclosed outside NuVox except pursuant to a written agreement.
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19.Miscellaneous.(a)Notices and Electronic Communications:Any notice pursuant to this Agreement must be in writing and will be deemed
properly given if hand delivered,mailed or faxed to Customer at the address populated above or to Company at Windstream,Attn:Correspondence
Division, 1720 Galleria Blvd.,Charlotte,NC 28270, Windstreambusinesscustomersupport @wmdstream.comor at such other address provided to
the other party.CUSTOMER AGREES THAT COMPANY MAY SEND ELECTRONIC MESSAGES TO CUSTOMER CONCERNING COMPANY'S
SERVICES;
(b)Applicable Law:This Agreement is subject to applicable federal law and the laws of the state in which the Services are provided,without regard
to that state'sconflict of laws principles.If this Agreement covers multiple states,then it is subject to Delaware law,without regard to its conflict of
law principles;(c)Waiver of Jury_Trial.EACH PARTY HERETO HEREBY WAIVES,TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW,ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT.(d)Assignment:Either party may assign this Agreement to an affiliate or acquirer of all
or substantially all of its assets without any advance consent from the other party but Customer shall provide Company with notice and complete
all paperwork necessary to effectuate any change in ownership or other account changes.Otherwise,Customer may not assign its rights and
obligations under this Agreement without Company's advance written consent;(e)Third Party Beneficiaries:No third party shall be deemed a
beneficiary of this Agreement;(f)Waiver:Either party's failure to enforce any right or remedy available under this Agreement is not a waiver;(g)
Severability:If any part of this Agreement is held invalid or unenforceable,the remainder of this Agreement shall remain in full force and effect;(h)
Survival:Sections 14 through 19 survive after this Agreement ends.;(i)Handwritten Changes:Handwritten changes are not binding on either party.
IN WITNESS WHEREOF,the parties have duly executed and delivered this Agreement as of the Effective Date.
COMPANY C` ' Liao j..4(ma
CUSTOMER
Signature: Signature:
Printed Name: ^ ; Printed Name:
Title: " Title
PRIVATE/PROPRIETARY
Contains Private and/or Proprietary Information.May not be used or disclosed outside NuVox except pursuant to a written agreement.
Because Business is on the Line
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Important Information for Your Business Reaardina E911 Service
As a VoIP and Data Bundle(V&DB)customer,you are aware that your communications services with Windstream NuVox, Inc.and its affiliates are
delivered using Voice over Internet Protocol(VoIP)technology.Windstream's gold standard 911 architecture differentiates Windstream from many
consumer VoIP providers,and is one of the many reasons why Windstream's V&DB product is an excellent fit for so many businesses.However,the
Federal Communications Commission(FCC)requires all VoIP providers,including Windstream,to inform their customers of circumstances under
which enhanced 911 (E911)service may not be available through the VoIP service or may be limited in some way in comparison to traditional E911
service.Under the FCC's rules,each customer must sign and return this form to acknowledge receipt and understanding of this advisory
before service to the customer can be initiated.
Differences Between Broadband E911 and Traditional E911 Services
Circumstances under which E911 service through VoIP technology may not be available or may be limited in comparison to traditional E911 service
include,but are not limited to:
• Loss of Electrical Power.If power is lost at your facility,all communications over a broadband T1 will be interrupted,including E911
service.An uninterrupted power supply(UPS)can mitigate this issue and we urge you to provide a backup power supply to ensure continued
operation of your equipment.
• Broadband Connection Failure.Your broadband connection must be in place for you to contact E911.Please take all necessary measures
to prevent a broadband connection disruption through accidental disruption,service suspension for nonpayment,or any other reason,and
arrange for alternate means for reaching emergency personnel.
• Relocation of V&DB Equipment.In order for E911 services to work properly with V&DB,you must ensure that you advise Windstream of
your current address for service,which is known as your"Registered Location,"and ensure that your Registered Location does not contain
any errors.If you wish to update your Registered Location,Windstream prefers that you do so by sending an email to 911(cr�Windstream com;
however,if you do not have email access,please call 800-600-5050.Otherwise,emergency personnel could be dispatched to an incorrect
address.
• Delays in Updating your Registered Location.Once you contact Windstream to update your Registered Location,a delay of 48-72 hours
may occur before your Registered Location reflects the updated information.During this time,emergency personnel could be dispatched to
your previous Registered Location.
Because you may not be able to access E911 emergency services under the circumstances described above you should(1)ensure that you have
some alternate means of contacting 911 emergency services;and(2)inform anyone using your V&DB service that they may have to use a Business
line,cellular phone or some alternate means to contact 911 emergency services.To assist you in this,Windstream has or will provide you with
stickers describing the limitations on E911 availability,which you should place on or near the equipment used to access V&DB.
Acknowledgement
I have received and understood this notice regarding Windstream's broadband E911 service and how it differs from traditional E911 services.I also
acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances.
I have received warning stickers explaining that E911 service may not be available,and I will place the stickers on or near the equipment I use to
access Win41.e4 i n s v&D ices.If I did not receive the stickers,I will contact Windstream's Customer Care team at 800-600-5050.
Signature: 5 _
Title: I t vt.
Company Name: CAI( fi"1St,Ic
Date:
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PRIVATE/PROPRIETARY
Contains Private and/or Proprietary Information.May not be used or disclosed outside NuVox except pursuant to a written agreement.
Vo lP and Data Bundle.
wi ndstream.
connecting business to business
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Customer Name: CITY OF TYBEE ISLAND-POLICE DEPARTMENT
Install Street Address: 78 VAN HORNE DR City, State, Zip: TYB*I, GA 31328
Main Telephone Number: -- EAN: 4237586
Contact Name: Todd Smith Proposal ID: 1822945
Account Representative: Melinda Highsmith Proposal Type: A-Add Renegotiation
Term: 3 Year(s)
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Basic Feature Bundle
Basic Feature Bundle 1 $40.00
Bundled Services
Analog Line 12
Bandwidth 1.5Mb
Transport T1 1
Virtual Private Network Bandwidth 1.5Mb
Total Bundled Services $389.99
Voice Local Features
Call Forward Busy 1 $0.00
Toll Restriction 12 $0.00
Voice Long Distance Features
800 Numbers-New, existing and ported 2 $0.00
Audio and Web Bucket 100 $0.00
Directory Assistance- Free Calls 10 $0.00
Long Distance Blocks 1,000 $0.00
Bandwidth Data Features
Data Equipment Maintenance Charge 1 $10.95
IP Addresses 4 $5.00
VPN Features
QoS Real Time 1.5 $250.00
Total Features $265.95
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Authorized Customer Initial:
Total Monthly Recurring Charges $655.94
Total Non-Recurring Charges $0.00
In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for
maintaining a Minimum Monthly Commitment of 85%of their Total Monthly Recurring Charges.
Minimum Monthly Commitment $557.55
Unless an Upsell is specifically indicated above, if this is a change or addition to Services currently received by Customer at the
service location listed on this Proposal,this Proposal supersedes the existing Proposal or Service Schedule related to the
location. For Upsells,this Proposal only shows the additions or changes to Services provided at the applicable service location.
In all instances,the term set forth herein begins upon the earlier of(i)the Installation Date(which may be the date administrative
access to certain software-based is granted to Customer); or(ii)30 days after delivery of the applicable facility or equipment to
the Customer premises(if the delay in connection of the facility and/or equipment is due to Customer or its agent) ; however,for
existing customers, any rate or Product changes("Changes")will be effective at the start of the next billing cycle after the
Changes have been made,which could be at least two bill cycles from the date of this Proposal.
In the event Customer's Services include fees associated with installing enterprise data products, including but not limited to,
Ethernet Internet Service, MPLS, Hosted VoIP,VoIP and Data, Managed Security or Managed Router, and unless a Proposal
provides otherwise,fifty percent(50%)of Customer's non-recurring costs("NRCs")shall be paid by Customer on the Effective
Date, prior to Company starting any work to install the Services.The remaining fifty percent(50%)of the NRCs shall be paid
upon receipt of the first invoice after billing has started pursuant to this Section. Customer's NRCs, if any,will be identified in the
Proposal.
Authorized Windstream Representative Name:
Authorized Windstream Representative Signature: Date:
Authorized Customer Name: --S�1rf(N
Authorized Customer Signature: / o�. Date: `l l I(Z
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