If you subscribe to Central Office and other Voice over IP Services, the following terms apply, in addition to the general terms of service and any other terms applicable.
Centraloffice and other Voice over IP Services
1. A high speed internet connection is required in order to use Skywire’s CentralOffice or VOIP phone service; Wi-Fi or 3G/4G may be required for our mobile applications. Our service may not be compatible with home security systems, TTY, and other systems. Your use of our services constitutes acknowledgment of these limitations.
2. Unlimited calling and other services are subject to normal use.
3. e911 Service
a) Skywire e911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located, and the device used, when using your Skywire Voice/CentralOffice service.
b) Skywire customers have access to Enhanced 911 (E911), basic 911 or our national emergency call center. With E911 service, when you dial 911 your Skywire phone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your Skywire telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your Skywire telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Once local emergency centers are capable of receiving our customers’ information, we automatically upgrade customers with basic 911 to E911 service.
c) If you do not have access to either basic 911 or E911 for any reason, your 911 call will be sent to the Skywire national emergency call center, where a trained agent will ask for your name, telephone number, and location, and then transfer you to the local emergency center nearest to your location.
d) We require you to provide the physical address where you will be using our service for 911 purposes. For E911 and basic 911, this address is used to route 911 calls to your local emergency center. When you initially provide your physical address, it can take up to 24 hours to verify your address and activate 911 service at this address. You will receive an email letting you know when 911 service is activated.
e) If you move this device to another location, you must update your address. You may register only one location at time. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. When you update your location, it can take several hours to activate 911 service at the updated address. You will receive an email letting you know when 911 service is activated at the updated address.
f) Please note that our 911 Dialing service will not function in the event of a broadband or power outage or if your broadband, Internet Service Provider (ISP), or Skywire phone service is terminated.
g) 911 Dialing from Mobile Applications. Skywire mobile applications are not a replacement for your cellular service and you cannot make emergency (e.g., 911) calls using the software. If you attempt to make a 911 call from the mobile application the mobile application will close and the call will be placed over your cellular carrier’s network. However, this does not prevent you from using your mobile phone for making emergency calls via your cellular provider as normal. If you dial internationally recognized emergency service numbers while using a mobile application, the mobile application will close, the native dialer will be launched, and the call will be placed over your carrier’s cellular network. Neither your phone number nor your location will be reported to an emergency operator when dialing an internationally recognized emergency service number.
4. Service Distinctions. Our service may be subject to different regulatory treatment than traditional voice telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires high speed broadband or, for certain mobile applications, a WIFI or other data connection (e.g. 3G/4G) which we do not provide unless separately ordered. Certain of our other services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s, tablets or pads which we may or may not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, system maintenance or acts of God. We will act in good faith using commercially reasonable efforts to minimize disruptions to your use of and access to our service.
5. Residential and Mobile Use of Service and Device. Skywire Voice/CentralOffice and VOIP service are a single (and not extended or multi-) business voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical business customers’ calling patterns (also referred to as “normal use” by business plan customers). “Typical” refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal business traffic profiles and utilization arise from single business use-cases, not multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types and levels of usage that are not Normal and Typical Business use. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a business class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others. Skywire’s unlimited service plans and features are for single (and not extended or multi-) business use only. This means that only the account holder, employees and guests may use Skywire’s unlimited service plans. Skywire Voice/CentralOffice mobile unlimited service plans and features are for normal, business use and are device specific. Use of Skywire’s unlimited plans must be in accordance with this Reasonable Use Policy and these Terms of Service, and consistent with other typical customers on the same calling plan. Unauthorized or excessive use beyond that normally experienced by typical customers on the same plan may cause busy signals and may result in service termination.
6. Use Inconsistent with Normal Use. If you use the service, any feature and/or any device (including, but not limited to, your personal computer(s), mobile phone(s) or Skywire equipment) in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at Skywire’s sole discretion, to (a) pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, (b) change to a more appropriate plan or (c) terminate the plan. For example, if you subscribe to one of our business service plans, and your aggregate usage is inconsistent with normal business use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service or the device was inconsistent with normal business use. Unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that your use may be inconsistent with normal use, or that impermissible use as set forth in the Reasonable Use Policy may be occurring and may trigger an account review or further action by us.
Skywire evaluates customer usage in comparison to similarly situated customers, e.g., residential use under residential service plans or small business use under small business service plans or affiliate use under co-branded service offers or plans. For example, over ninety five per cent (95%) of Skywire’s residential unlimited calling plan customers use less than three thousand (3000) minutes per month and do not have any unusual calling patterns. We may conclude that a customer’s aggregate usage is outside of normal use if it exceeds 3000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
a) number of unique numbers called
b) call lengths
c) frequency of call forwarding/transferring
d) conference calling
e) excessive calls to conference bridges
f) short duration calls or chats
g) calls made during business hours
h) number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
i) other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy
Skywire may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer’s calling patterns during more than one month reflect excessive:
1. unique numbers called;
2. call lengths;
3. frequency of call forwarding/transferring;
4. conference calling;
5. short duration calls;
6. number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
7. other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy.
Skywire may take appropriate steps to enforce these Terms of Service and our Reasonable Use Policy. We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your Skywire service if account usage is beyond normal standards, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If we give you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated. Skywire’s right to terminate your account under these terms of service (with or for no reason) is not limited by this provision.
7. No 0+ or Operator Assisted Calling; May Not Support x11 Calling. Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service may support specified dialing such as 911 and 411, although certain mobile applications may not provide such dialing services. 411 charges may vary by plan.
8. No Directory Listing. The phone numbers you get from us will not be listed by us in any telephone directories. However, any phone numbers you transfer from your local phone company may be or remain listed. We have no control over directory listings.
9. Incompatibility With Other Services.
1. Non-Voice Equipment Limitations. You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TiVo, AOL, Netflix and other streaming services, cable television services, FiOS, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against Skywire for interference with or disruption of these services and equipment, as well as any claim that Skywire is responsible for any disruption to your business, if applicable.
2. Certain Broadband, Cable Modem, and Other Services. You acknowledge that our service may not be compatible with certain cable broadband service (such as AOL) and certain versions of TiVo. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service
10. Our right to disconnect service; upgrade software. We reserve the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice. A non-exhaustive list of instances where we may disconnect your service without notices is:
1. Unlawful or inappropriate use: If we determine in our discretion that you have used our service or the device for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others. In addition, you shall not use the Service or the Box to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or Skywire, its parent, affiliates, directors, officers, agents and employees from harm.
2. Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
3. Violation of laws of jurisdictions: If we determine that you have used our service or your device in violation of laws of jurisdictions outside of Skywire service areas.
4. Inconsistent use: If we determine that your use of the service, features, or the device is, or at any time was inconsistent with normal inbound or outbound usage patterns for the type of service or plan that you have purchased, or that you have at any time used the service, feature or the device for any of these or similar activities.
5. Tampering: If we determine that you have tampered with your device.
11. Disclaimer of Warranties: OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY IN THIS AGREEMENT, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, AVAILABILITY, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE”, AVAILABLE FOR THE SENDING OR RECEIPT OF CALLS OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
12. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
1. Lawful purposes only. You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, fraudulent, improper or inappropriate
2. Monitoring. We may monitor the use of our service for violations of these Terms of Service. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or Skywire, its parent, affiliates, directors, officers, agents, and employees from harm.
3. Providing information to authorities and third parties. If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
1. in response to law enforcement or other governmental agency requests;
2. as required by law, regulation, rule, subpoena, search warrant, or court order;
3. as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
4. to protect Skywire’s rights and property; or
5. in emergency situations where disclosure of such information is necessary to protect Skywire customers or third parties from imminent harm.
4. Use of Service and Device by Customers Outside the United States. We encourage you to use our service to call foreign countries from the United States and to use our service as you travel. Technical and customer care support is offered only in the United States. Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a Skywire service area, or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service. If you ship a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable customs, import/export, regulatory, tax (including VAT) and other laws and costs\expenses and penalties regarding the transport, distribution and use of such device and the service.
5. No Transfer of Service. You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You are also responsible for all usage and charges on all devices and features including extensions phone(s) registered with Skywire, as well as charges for aggregated domestic and international usage made by you and others you have authorized to use your service. You may not resell or transfer your service or account or provide a telephone service to anyone else by using your Skywire service or features of your Skywire service without first getting our written consent. In no event may your account be assigned to a non-U.S. resident. IF YOU ACQUIRE A DEVICE FROM SOMEONE OTHER THAN SKYWIRE OR A SKYWIRE AUTHORIZED RESELLER, OR THAT PREVIOUSLY WAS ASSIGNED TO ANOTHER’S ACCOUNT, SKYWIRE DISCLAIMS ALL WARRANTIES, DAMAGES AND LIABILITIES YOU MAY INCUR BY VIRTUE OF YOUR USE OF SUCH DEVICE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our Customer Care records. You may elect to authorize others to access your account by calling us at 1-646 722 7200.
6. No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software of the device or any mobile application in any way that facilitates a compromise of our service, you are responsible for any charges that result and damages incurred by Skywire as a result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.
7. Theft of Service. You may not use, obtain or facilitate use of our service, directly or indirectly through others, in any manner that avoids Skywire policies and procedures, including an illegal or improper manner You will notify us immediately at 1-646-722-7200 if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you as permitted under these Terms of Service. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.
8. Unauthorized Usage of Device; Firmware or Software. Unless your plan specifically provides you with a license to use our firmware or software, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, or accessible via mobile application other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms of Service. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not undertake, cause, permit or authorize the modification, creation of derivative works, or translate, reverse compile, disassemble, hack or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. You shall not use the mobile application software to develop any software or other technology having the same primary function, including but not limited to using the software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the software
9. Vanity Number Porting You may not obtain vanity numbers from Skywire and then attempt to sell, resell, or actually sell or resell such vanity numbers
13. Limitation of Liability. We will not be liable for any delay or failure to provide service, including 911 Dialing, or your blocking of an emergency number (e.g., Police, Fire Department, Hospital) at any time or any interruption or degradation of voice quality that is caused by any of the following:
1. Third party omission an act or omission of an underlying carrier, service provider, vendor, or other third party;
2. Equipment failure equipment, network, or facility failure;
3. Equipment modification equipment, network, or facility upgrade or modification;
4. Force majeure force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
5. Equipment shortage equipment, network, or facility shortage;
6. Equipment relocation equipment or facility relocation;
7. Loss of power service, equipment, network, or facility failure caused by the loss of power to you; or to us
8. Outages outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
9. Acts or omissions any act or omission by you or any person using our service or the device provided to you; or
10. Other causes any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
14. Disclaimer of Liability for Damages. Our aggregate liability under this agreement will in no event exceed the service charges with respect to the affected time period. IN NO EVENT will Skywire, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to get or receive dial tone, access emergency service personnel through the 911 dialing service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. Skywire further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the device without Skywire’s prior authorization. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
15. Disclaimer of 911 Liability. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result or results in the delay of the delivery of emergency services. Neither Skywire nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
16. EXPORT CONTROLS You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
The Following terms apply to any service using Voice over IP
1. E911 Notification
In the event of a power outage, and provided that you do not have battery backup installed, you will not have E911 service. If your service is disconnected or interrupted, you will not have E911 service. If you relocate and of the equipment to a different address, you must notify Skywire in advance to update E911 service. During the initial 72 hours of service at your new address, you may be required to provide the E911 operator with your new service address.
2. Security and Medical Alert System Limitations:
You acknowledge that Skywire does not support the use of any Voice over IP product or service as a connection for (i) emergency medical alert systems, (ii) all high security monitoring systems (UL 681 or similar) or (iii) fire alarm systems (UL 864 or similar). You acknowledge that it is your sole responsibility to contact your central station monitoring provider to test and verify that your security system is in good working order and that you are responsible for any additional work required to ensure the proper operating of your security system.
17. CentralOffice Additional Terms
1. Definitions.The following definitions apply to the CentralOffice service:
i. “Free installation”. Free installation offers are only valid where the customer premises has the proper wiring and patch panels previously installed. Free installation includes the following services:
1. Bridging modem/router
2. Set up of router
3. Set up of switches
4. Plugging in and testing of telephones. Any telephones ordered at the inception of service will be installed and tested. Installation of any telephones subsequently ordered may be subject to an additional install fee.
5. If the customer paid for wall brackets, mounting of telephones.
6. Free installation is only offered where the equipment to be installed was purchased from Skywire Telecom. Free installation does not include door intercoms and paging equipment. Free installation is limited to the five boroughs of New York City, Monsey, NY, Spring Valley, NY, and Lakewood, NJ.
ii. “Customer” shall mean an Skywire customer who has executed a binding agreement for CentralOffice, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Skywire, or is in violation of these terms and conditions.
iii. “Service Fee” for a Customer is the base monthly recurring fee paid by the Customer for CentralOffice phone extensions, additional features, and call paths that are part of the CentralOffice service. Excluded fees consist of usage-based charges.
iv. “Scheduled Network Maintenance” refers to normal maintenance scheduled for the upgrade of Skywire’s data network, voice network, switches, and servers used to deliver CentralOffice the Customer. Scheduled Maintenance may occur at any time during our maintenance window of 12:00AM – 6:00AM EST. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.
v. “Urgent Network Maintenance” refers to Skywire’s efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple customers and requires immediate action. Urgent Maintenance may degrade the quality of service including possible outages. Skywire’s policy is to notify the Customer with as much advance notice as possible under the circumstance prior to performing the maintenance. Such effects related to Urgent Network Maintenance shall not give rise to service credits outlined in this SLA.
vi. “Support Hours” are Business Days; Monday through Thursday from 9 AM to 6 PM and Fridays from 9 AM to 2 PM.
vii. “On Call Hours” are Business Days; Monday through Thursday from 8 AM to 9 AM and 6 PM to 10 PM. Fridays from 8 AM to 9 AM and 2 PM to 4 PM and Legal Holidays that fall on a Monday through Thursday from 9 AM to 6 PM and Fridays from 9 AM to 2 PM.
viii. “Non Support Hours” are all hours not defined above.
ix. “Business Day” shall mean any weekday other than a Federal holiday or day on which banks in the State of New York or the State where service is to be delivered are authorized to close.
x. “Force Majeure” shall mean any natural disaster, act of God, power surge or failure, strike or labor dispute, war, civil disturbance, act of governmental authorities or the public enemy, act of terrorism, unavailability or failure of, or interruption or delay in, telecommunications or third party service, fuel or energy shortage, or any other cause beyond Skywire’s control, whether or not similar to the foregoing.
xi. “Interruption” shall mean an interruption in the CentralOffice service resulting in the inability to make or receive telephone calls, where both parties can hear each other clearly.
2. Phone Rebate Offer:
The telephone rebate offer for CentralOffice customers is provided and administered by Polycom, Inc., and is subject to the terms of that offer, located at http://centraloffice.com/polycomtradein.pdf. No rebate offer is provided by Skywire Telecom.
3. Thirty Day Money Back Satisfaction Guarantee:
If Customer is for any reason dissatisfied with CentralOffice during the first 30 days of Service, Customer may, during the guarantee period, terminate CentralOffice and return the equipment purchased or leased from Skywire without penalty. For this Satisfaction Guarantee to be in effect, Customer must return the equipment to Skywire in the original condition and packaging (including all documents) that it came in. The Thirty Day Service Guarantee period shall start upon activation of CentralOffice and billing has commenced and end thirty (30) days thereafter. Skywire must receive written notice of Customer’s intent to terminate CentralOffice as permitted herein within twenty four (24) hours of the completion of the Thirty Day Service Guarantee period. This money back guarantee does not include any charges for wiring.
4. Service Level Agreement (“SLA”)
a. Time to Repair Reported Trouble: The Time to Repair (TTR) on a reported trouble for CentralOffice service starts one (1) hour after a trouble is reported during Support Hours and two (2) hours after a trouble is reported during On Call Hours. The TTR begins on the date and time when Customer reported the service impairment to Skywire Telecom via email to voipservices@Skywiretele.com or Voicemail at Skywire’s Support Desk at 347-215-9300together with all information necessary for Skywire Telecom to respond to the trouble ticket, and ends upon confirmation by Skywire Telecom to Customer that service has been restored (in each case, based upon Skywire Telecom’s records). This period shall be extended to account for any period of time spent by Skywire Telecom waiting for a response, availability, action, or access to the premises from Customer in furtherance of the repair effort, and any period of time during which a “force majeure” event (see below) affecting service has occurred and is continuing. The TTR for any troubles reported during Non Support Hours will start from the subsequent start of the next On Call Hours support period.
b. Availability Guarantee:
i. As outlined below, a Credit Allowance will be given for Interruptions in CentralOffice preventing external inbound or outbound calling on any or all phone extensions in excess of the TTR for each seat affected.
ii. Credit Allowance
|II. Length of Interruption In Excess of TTR||III. Credit|
|IV. 30 minutes to 1 hour||V. 25% of a Day|
|VI. 1 hour 1 minute to 2 hours||VII. 50 % of a Day|
|VIII. 2 hours 1 minute to 4 hours||IX. 1 Day|
|X. 4 hours to 24 hours||XI. 2 Days|
|XII. 24 hours or more||XIII. 3 Days|
i. The Credit Allowance is subject to the following limitations. No Credit Allowance will be made for any interruption in service:
1. Due to noncompliance with the provisions of Skywire’s Terms of Service (including its payment terms)
2. Due to the failure of power at the customer premise
3. Due to the failure of Customer Premise Equipment (CPE)
4. Due to the failure of equipment, systems, connections or services not provided by Skywire
5. Due to the use of any equipment connected to the Local Area Network (LAN) that is not supported for CentralOffice.
6. Due to a service interruption by Customer’s Internet Service Provider (ISP) even if the ISP is Skywire. Customers are advised to maintain at all times two Internet connections from two different ISPs, using redundant paths into the building (i.e. Cable and DSL) with no single point of failure between the two and a router that does automatic failover.
7. Due to circumstances or causes beyond the reasonable control of Skywire including Force Majeure
8. During any period in which Skywire is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions
9. To the Web-based CommPortal or CommPortal Assistant
10. Due to any Customer act or omission, including without limitation any negligence, willful misconduct or misuse of any service or equipment, which impairs Skywire’s ability to provide service.
11. Due to Scheduled Network Maintenance or Urgent Network Maintenance on the Skywire network.
12. Due to failure on the part of Customer to timely report the incident and open a trouble ticket in accordance with this SLA.
i. The terms of this SLA take effect immediately upon the completion of the Customer’s service activation and billing has commenced. In the month when a Customer’s CentralOffice services are terminated, the Customer is not eligible to receive credits for Skywire not meeting its service commitments for that month.
ii. Credit Allowances delivered as remedies in conjunction with this SLA represent Skywire’s sole responsibility and the Customer’s sole remedy related to CentralOffice. This SLA does not represent a warranty or guarantee by Skywire that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and Skywire shall not be liable for any damages of any nature or amount as a result of any failure to achieve any commitment, other than the permitted Credit Allowances authorized and described hereunder.
iii. The amount of credit available per month is subject to a cap as described in this Agreement.
c. CREDIT AND PAYMENT PROCEDURE
i. To receive credit for the Availability Guarantee, Customer must have contacted Skywire and opened a trouble ticket at the time of trouble following the procedures outlined in this agreement.
ii. All requests for Credit Allowances for validly reported commitment failures must be delivered in writing to Skywire Telecom, CentralOffice Customer Service/Service Credits at 3611 14th Ave, Suite 215, Brooklyn, NY 11218: Requests must identify the Availability Guarantee at issue, and include such other information as Skywire may have reasonably requested to assist it in verifying the request. Skywire may reject any Credit Allowance request which does not provide sufficient supporting information to allow Skywire verify the claim. All requests for Credit Allowances will be subject to confirmation by Skywire.
iii. Customer must claim any applicable Credit Allowance by the 15th day of the month following the month in which the reported incident was resolved. Skywire will inform Customer of credit requests rejected for insufficient information, and Customer will be allowed to resubmit such requests with additional supporting information within fifteen (15) days of Skywire notification of its rejection of the credit request. After Customer resubmits the credit request with the additional supporting information, the standard verification and crediting timelines outlined herein shall apply.
iv. Skywire will apply the Credit Allowance to the Customer’s invoice within two (2) billing cycles. Credits are based on the Customer’s Service Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Customer’s CentralOffice invoice will not exceed the Serviced Fee in any calendar month.
v. For purposes of calculating Service Credit, one (1) Day credit of the Service Fee is equal to 1/30.33 of the monthly recurring CentralOffice charge at the time of the outage for the CentralOffice seats adversely affected.
vi. Customer must pay its entire invoice, and shall not setoff any Credit Allowance it would anticipate receiving from Skywire. Customer shall cooperate with Skywire in any service claim investigations.
vii. To receive a Credit Allowance, Customer must be in good financial standing with Skywire and must be compliant with the terms and conditions of Skywire’s Terms of Service. A Customer’s failure to comply, including without limitation a failure to pay charges on a timely basis, will invalidate the Availability Guarantee.
POLICY CHANGES: Skywire reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision at this website.
5. EARLY TERMINATION FEES:
If you wish to cancel your Broadband Service, you may do so by calling 1-347-772-1000. For the CentralOffice Product only, the following fees are added to any other termination fees, including, without limitation, the fees outlined in Section 28 above:
1. If Customer cancels within the first calendar year of service, calculated from the date the services are activated, then the fee to be added to Customer’s final bill is the total of remaining monthly charges for the year, plus the number of extensions multiplied by $180.
2. If Customer cancels within the second calendar year of service, calculated from the date the services are activated, then the fee to be added to Customer’s final bill is the total of remaining months in the calendar year multiplied by $10 multiplied by the number of extensions, plus the number of extensions multiplied by $60.
3. If Customer cancels within the third calendar year of service, calculated from the date the services are activated, then the fee to be added to Customer’s final bill is the total of remaining months in the calendar year multiplied by $5 multiplied by the number of extensions.
7. Unlimited Voice Service is subject to the following limitations:
Local service is limited to 2,500 minutes of use per month; local toll service is limited to 1,000 minutes of use per month; and domestic long distance is limited to 1,500 minutes of use per month. Customers who exceed this allotment will be charged according to rates described in the Skywire tariff’s rate schedule.
Unlimited Voice Service does not include calls to hotlines, chatlines, conference calls and other premium services.
To prevent fraud, Skywire will not terminate calls to these countries:
• 216 Tunisia
• 231 Liberia
• 238 Cape Verde
• 251 Ethiopia
• 252 Somalia
• 263 Zimbabwe
• 53 Cuba
• 676 Tonga
• 850 North Korea
• 974 Qatar