ATMOSPHERE® INTERNATIONAL INBOUND SERVICES
These terms for the Atmosphere® International Inbound Service are expressly incorporated into the IntelePeer Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”).
1. Service Description.
1.1 IntelePeer will provide origination of international voice traffic for direct inward dialing (“DID”) calls with termination to the Customer interconnection (“Atmosphere® International Inbound Service”).
1.2 The Atmosphere® International Inbound Service is available only for the countries which IntelePeer has provided Rates to Customer in this Attachment, or on any subsequent Rate Notification.
1.3 Customer may change the number of channels on any trunk group at any time. Customer must ensure that the channel capacity installed is sufficient to support the amount of Traffic. IntelePeer does not guarantee against any degradation of Service and may block any additional calls, if all Customer channels are near or over capacity at the time of the call.
1.4 Customer must submit a completed LOA to initiate any port-in of requested telephone numbers as available from IntelePeer. Customer will request telephone numbers only in countries or geographical zones in which the Customer has a physical location, and will provide to IntelePeer and update all use or location data to ensure continued accuracy. The assignment of the telephone numbers to the Customer does not constitute a transfer of property or rights to the telephone numbers. Upon termination of Service for any reason, IntelePeer will deactivate the telephone numbers allocated to Customer, may make them available to other customers, and cannot guarantee that any numbers can be re-allocated to Customer for reactivation of the Service.
1.5 At its sole discretion and without prior notice, IntelePeer may modify the calling-line identification (“CLI”) format to reflect changes in its legal or regulatory obligations. Customer acknowledges and agrees (i) to abide with the guiding principles on CLI presentation and restrictions, (ii) to keep CLI information confidential, (iii) to use only in the context of its communications services (call conveyance, operator assistance, emergency services, customer care, billing and managing the network), and (iv) not use for any other commercial activities such as marketing or advertising.
1.6 IntelePeer reserves the right to refuse to transfer any telephone number(s) for Customer if any Customer has any undisputed outstanding balance on its account(s), and to pass-through to Customer any costs of transferring the telephone number(s).
1.7 Service Specific Restrictions
1.7.1 The Atmosphere® International Inbound Service does not include any service, functionality or features for Emergency Services.
1.7.2 Customer will not use any an application using signaling resources that returns a call to the number of the calling party (“Call-back Applications”) in conjunction with the Service. To the extent that IntelePeer incurs costs resulting from Call-back Applications by Customer or any of its End Users, IntelePeer will pass on such costs entirely to Customer.
1.7.3 For any audio or video media exchanged before a call session is accepted by the called user (“Early Media”) used with the Service, Customer will (i) not use Early Media in an abusive or excessive way beyond ring tones or short announcements, and (ii) limit the duration of Early Media to less than 60 seconds.
1.7.4 Customer will bear all costs associated any collect calls made using the Service.
1.7.5 NOTWITHSTANDING THE GENERAL LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL INTELEPEER’S AGGREGATE LIABILITY FOR CLAIMS, ACTIONS, LIABILITIES OR EXPENSES ARISING FROM, OR IN CONNECTION WITH, Atmosphere® INTERNATIONAL INBOUND SERVICES EXCEED THE AMOUNT OF PAYMENTS ACTUALLY RECEIVED BY INTELEPEER FOR SERVICES DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT FROM WHICH LIABILITY AROSE, OR FIFTEEN THOUSAND DOLLARS ($15,000), WHICHEVER AMOUNT IS LESS.
1.7.6 Notwithstanding the period for bringing Disputes set forth in the Agreement, if Party does not report a dispute related to Atmosphere® International Inbound Service within six (6) months of the disputed activity, such Party is deemed to have waived all rights associated with the dispute.
1.7.7 Notwithstanding the cure periods for Customer’s material breach set forth in the Agreement, IntelePeer will have the ability to utilize any remedy available under the Agreement or at law for any material breach related to Atmosphere® International Inbound Service, which Customer has failed to cure within five (5) days after written notice.
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 IntelePeer sets forth the rates for Atmosphere® International Inbound Services in Customer’s IntelePeer Solution Summary.
2.3 Customer will be responsible for all third party costs charged by another provider for the porting away any of the telephone numbers, as allowed by law.