1. Call Distributions, Rates, and Charges. The call distribution pattern of Customer’s usage of the Services in any month must result in a minimum of seventy percent (70%) of such calls being originated and terminated in and to Tier A and Tier B networks and a maximum of thirty percent (30%) of such calls being originated and terminated in and to Tier C networks. Any call in excess of the foregoing maximum of thirty percent (30%) will be assessed a three ($.03) cent per minute surcharge, applicable to flat-rate pricing programs but not Tiered or LATA OCN pricing programs. In the event Customer’s call usage exceeds the call distribution pattern as described herein, in such a way that Customer receives Tier C surcharges, NICE may modify its pricing program to a Tiered or LATA OCN pricing program in order to eliminate Tier C surcharges. Tiers are defined in the LERG OCN classification table, administered by Telcordia at the effective date of the most recent monthly update. NICE will provide customer with a tier list, by dialed digits, upon request. NICE reserves the right to adjust the Domestic Rates (“Domestic Rates” apply to the 48 contiguous US states only) applicable to Customer with prior written notice to Customer. International and extended territories rates are subject to change without notice to Customer.
Domestic Tiers Tier A – Regional Bell Operating Companies (“RBOC”) Tier B – PCS, Wireless, W Reseller, L Reseller Tier C – CLEC, CAP, ICO, ULEC, General, Other
2. Call Jurisdiction. For toll free calls, the originating number (e.g., ANI) and Customer’s billing telephone number (“BTN”) determine jurisdiction. Calls in which the ANI and BTN are in the same state will be billed intrastate. For termination calls, the ANI and the dialed number identification service (“DNIS”) determine jurisdiction. Calls in which the ANI and DNIS are in the same state will be billed intrastate. In certain circumstances, Customer may be able to change the caller identification for outbound calling. In these cases, the distance will be determined from the BTN associated with the Customer’s Contract Address. If the caller identification is a toll free number, NICE will use the BTN to determine jurisdiction and bill these calls based on applicable termination rates. In cases where the caller identification is blank or is otherwise an invalid number, the distance will be determined as indeterminate and NICE will bill these calls at the default rate as stipulated in Customer’s Service Contract. Outbound calls to toll free numbers may incur usage charges. Customers may also be charged an indeterminate rate for inbound calls where the originating caller identification is a toll free number or is invalid. Domestic calls are rounded up to next six- (6) second increment with a six- (6) second minimum per call. Rates are rounded to the fourth decimal. The rates above are NICE rates for continental U.S. only. Applicable international and extended rates are available upon request. Customers may also be charged an indeterminate default rate for inbound calls where the originating caller identification is a toll free number or is invalid. Customer confirms that they have notified NICE of the physical location where services are to be utilized ("Service Address"), if different from the Customer's Contract Address. Tax and fee liability will be based upon the Service Address in or attached to this Agreement. NICE reserves the right to reject any request to treat an alternative physical location as Customer's Service Address if NICE discovers that the address is invalid or otherwise inaccurate. NICE Local Numbers are inbound only. NICE Local Numbers do not support outbound calls, E911, collect calls, or fax communications and are not intended as a replacement for basic local services. Not all calling areas in the U.S. are supported. International Outbound rates are available at http://www.incontact.com/terms/IntlOutboundTerminationRates which are incorporated herein by reference. All rates are in U.S. dollars.
3. International Calling. NICE reserves the right to block international calling to certain international destinations based on our conjecture of potential fraud. Furthermore, NICE maintains the right to disallow Customers’ access to such international destinations if the Customer does not meet certain credit standards and complete a NICE Restricted International Service Area Consent form. Customer is solely responsible for all calls placed or received in such areas.
4. Toll-free Testing. Customer shall be responsible for testing the connectivity of all toll-free services to be provided by NICE. Customer shall be solely responsible for verifying that toll-free numbers are functioning properly, prior to the launch of any public campaign involving toll-free numbers provided by NICE. Should Customer fail to verify the proper function of toll-free numbers, or should Customer fail to notify NICE of any known problems, Customer shall not be entitled to service credits of any kind.
5. Commitment Level. For any complete component failure experienced by the Customer on any given day, NICE will credit the Customer 1/30th of the then-current MRC, not to exceed one-hundred percent (100%) of the MRC billed in that month. The MRC for each component is the portion of the aggregate Service billing in each monthly billing period attributable to that component. Requests for a credit must be submitted to NICE within thirty (30) days following the date the component failure first arose. NICE considers a request submitted when NICE receives from Customer a written request for a credit identifying the Customer’s name and account number, the date(s) and approximate beginning / ending time of the outage, and the component(s) affected by the outage.
No credit will be issued for outages that are caused by:
Customer’s equipment, software, facility, databases, or operator error;
An interruption in Customer’s connection to the Internet;
An interruption in Customer’s telephony or voice service, local or long distance, provided such telephony or voice service, local or long distance is provided by a third party;
Maintenance and modification of component software, of which Customer is given advance notice; or
Force Majeure Event.
In the event that Customer’s average Mean Opinion Business Unit Score (“MOS”) for the preceding month (found online at http://Support.inContact.com/Support/Trust) falls below 3.9, Customer may request a credit according to the following table:
The carrier of record for all regulated telecommunications services in the US and Canada is inContact, Inc. For an official statement on Taxes & Fees (surcharges), please refer to the Customer invoice:
