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Additional Service Terms

These Additional Service Terms Apply to Services Provided by West IP Communications, Inc. and its Regional Affiliates (“West”)

Remote/Home User

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A single West phone will generally work and perform well over most broadband Internet connections. There will be times, however, that local network issues, Internet traffic, and routing table changes cause interruption or poor quality communication across non-managed network connections.  This includes, but is not limited to, one-way voice, echo and/or dropped calls, for any call in which a user at this location is participating. When these events occur they may be out of the control of your service provider and always out of the control of West.

West does not and cannot guarantee service to users not utilizing West-provided MPLS network access. This includes, but is not limited to, users operating a West device (hard or soft phone) at home or a remote office over any broadband connection (DSL or Cable Modem) or other connection into the global Internet.

West cannot assist in the setup of home networks or provide troubleshooting on an ongoing basis for those users operating from a location without West-provided MPLS network connectivity. 

West recommends the following for the home/remote users:

  • Broadband connection of equal or greater speed than 1.5 Mbps/384Kbbps through a major service provider
  • Linksys broadband router capable of providing NAT (most models).

West is not responsible for the setup, maintenance or the support of any device on the home network.

West understands the value of being able to extend your workplace to the home office which has led to the development of a platform that meets these needs and that will support and maintain all portions of the network and infrastructure within the control of West in order to ensure the best possible experience.

Trunking Services

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PBX Setup

Customer is responsible for any/all changes to the PBX, scheduling the appropriate personnel to make any/all changes and charges associated with those changes.

Consulting/Professional Service fees are not included in the West non-recurring charge (“NRC”).  If such services are required, they can be performed and charged for on an hourly basis.

Customer should expect the need for subject matter experts, as it relates to their premise-based PBX to be required during the installation, setup and testing of the trunks delivered.

Site Information

Customer acknowledges that local switch/data infrastructure is Customer’s responsibility.

Customer is responsible for any/all changes to the local infrastructure, scheduling the appropriate personnel to make any/all changes and charges associated with those changes.

Circuit Information

Any installation charges (for the circuit or otherwise) include charges for delivering the circuit to the Customer premise (Local Exchange Carrier’s demarcation point of the building).  Any additional charges from the local telephone company, or any third party, for bringing the circuit into Customer facility/suite/network closet or otherwise will be passed through to the Customer.

All West-provided Circuits are ordered after receipt and acceptance of the executed contract and completion and submission of the pre-install packet.  Customers may anticipate the following installation intervals, based on West’s normal Circuit intervals.  Installation intervals are estimates only and are not guaranteed.

  • T-1 - 45 to 60 days
  • DS3 - 60 to 90 days
  • Metro Ethernet - 90 to 120 days

West will provide a Firm Order Commitment (FOC) date once West receives that date from the LEC. Typically, the LEC can be expected onsite within five (5) business days of the FOC date. Several days after the LEC Implementation, the Circuit will be released to West for testing and turn up. West cannot control or schedule when the LEC comes on-site. Customer is responsible for informing all parties of the anticipated arrival of the technician so that the technician is not turned away.

West begins billing the data services portion of the order beginning on the Circuit installation/FOC date.

Data cutovers are done Monday, Wednesday and Friday from 8 am to 6 pm; Tuesday and Thursday from 8 am to 9 pm (ET), any cutovers outside of that timeframe will be at additional cost.

West requires that all CPE in which a West Circuit terminates be setup on West-provided TACACS with West having management rights.

Phone Numbers

If the Customer does not use direct inward dial (“DID”) numbers, Customer may have their existing numbers Remote Call Forwarded to West. If they choose this until West is able to port Customer numbers on to West’s network, Customer will incur Remote Call Forwarding (RCF) charges from its current carrier. Installation timeframe is shortened as it is not dependent upon the port timeframe.

—OR—

If the Customer uses DID numbers or wants to port numbers instead of incurring RCF charges, Customer may do a live port. There are no additional charges from West and estimated installation timeframes are 4 to 5 weeks.

Customer must provide a list of Phone Numbers (Local and 800) to be ported on to the West network.  Customer acknowledges that installation delays may occur if this information is not provided within 1 business day of executing the applicable contract for Service with West.

 

Voice Porting Disclaimer

When porting numbers, changing the date of the port once an FOC has been established increases the risk of numbers porting prematurely, numbers porting on the original port date OR numbers being excluded when the port takes place.

All porting is done Monday through Thursday from 7 am to 7 pm, Friday from 7 am to 2pm (ET).  Porting cannot occur over the weekend.

If the port date is changed at the Customer’s request once FOC has been given, there will a onetime charge of $500 (per port)

New DID Acquisition
West does not support vanity number requests.

West cannot guarantee continuous number blocks or particular 4 digit range.

Any new DID resubmissions will incur a charge of $250 (per submission)

 

VoiceMaxx, VoiceMaxx CE or Wide Area Network ('WAN') Services

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Site Information

Customer acknowledges that local switch infrastructure is Customer’s responsibility and 10/100 managed switches are required.

Customer acknowledges that Cat5 or Cat6 Ethernet cable is required for any location where an IP phone is to be placed (note: computer and phone can utilize single Ethernet run).

Customer is responsible for any additional cable runs for the deployment of the IP telephones

Customer acknowledges that power outlet within close proximity to the IP phone is required, unless PoE (Power over Ethernet) switches are being utilized.

Circuit Information

Any installation charges (for the circuit or otherwise) include charges for delivering the circuit to the Customer premise (Local Exchange Carrier’s demarcation point of the building). Any additional charges from the local telephone company, or any third party, for bringing the circuit into Customer facility/suite/network closet or otherwise will be passed through to the Customer.

All West IP Communications (“West”)-provided Circuits are ordered after receipt and acceptance of the executed contract and completion and submission of the pre-install packet. Customers may anticipate the following installation intervals, based on West’s normal Circuit intervals. Installation intervals are estimates only and are not guaranteed.

  • T-1 - 45 to 60 days
  • DS3 - 60 to 90 days
  • Metro Ethernet - 90 to 120 days

West will provide a Firm Order Commitment (FOC) date once West receives that date from the LEC. Typically, the LEC can be expected onsite within five (5) business days of the FOC date. Several days after the LEC Implementation, the Circuit will be released to West for testing and turn up. West cannot control or schedule when the LEC comes on-site. Customer is responsible for informing all parties of the anticipated arrival of the technician so that the technician is not turned away.

West begins billing the data services portion of the order beginning on the Circuit installation/FOC date.

Data cutovers are done Monday, Wednesday and Friday from 8 am to 6 pm; Tuesday and Thursday from 8 am to 9 pm (ET), any cutovers outside of that timeframe will be at additional cost.

West requires that all CPE in which a West Circuit terminates be setup on West-provided TACACS with West having management rights.

 

The following terms apply to VoiceMaxx and VoiceMaxx CE, but do not apply to WAN Services:

Phone Numbers

If the Customer does not use DID numbers, Customer may have their existing numbers Remote Call Forwarded to West. If they choose this until West is able to port Customer numbers on to West’s network, Customer will incur Remote Call Forwarding (RCF) charges from its current carrier. Installation timeframe is shortened as it is not dependent upon the port timeframe.

—OR—

If the Customer uses DID numbers or wants to port numbers instead of incurring RCF charges, Customer may do a live port. There are no additional charges from West and estimated installation timeframes are 4 to 5 weeks.

Customer must provide a list of Phone Numbers (Local and 800) to be ported on to the West network.  Customer acknowledges that installation delays may occur if this information is not provided within 1 business day of executing the applicable contract for Service with West.

Voice Porting Disclaimer

When porting numbers, changing the date of the port once an FOC has been established increases the risk of numbers porting prematurely, numbers porting on the original port date OR numbers being excluded when the port takes place.

All porting is done Monday through Thursday from 7 am to 7 pm, Friday from 7 am to 2pm (ET).  Porting cannot occur over the weekend.

If the port date is changed at the Customer’s request once FOC has been given, there will a onetime charge of $500 (per port).

New DID Acquisition
West does not support vanity number requests.

West cannot guarantee continuous number blocks or particular 4 digit range.

Any new DID resubmissions will incur a charge of $250 (per submission)

Additional VoiceMaxx CE Value-Added Features Applicable to New Customers Only

  • West Unified Communications Services, Inc.’s Reservationless-Plus Audio-Conferencing Service
    • Applicable to VoiceMaxx CE Standard, Standard Plus and Premium seat types only
    • Applicable only to U.S. Customers and their end-users in the U.S.
    • Not applicable to existing Customers of West or its affiliates
    • Includes one named-user subscription with one U.S. toll number for access to the West UC audio-conferencing bridge, Reservationless-Plus Call Manager and InterCall MobileMeet per eligible VoiceMaxx CE seat
    • Subscriptions must be assigned only to individual employees of Customer and may not be shared by anyone other than the employee designated by Customer
    • Customer shall maintain an up-to-date list of named users
    • Subscriptions may not be transferred to another Customer employee except upon (a) termination of the employee’s employment with Customer or (b) WestUC’s prior written approval. 
    • Limited to domestic toll inbound usage
    • No additional charges apply unless Customer exceeds the fair use limit or uses additional feature functionality
    • Any additional charges shall be billed by West Unified Communications Services, Inc. (“WestUC”) at WestUC’s standard rates
    • Upon implementation, Customer shall receive a welcome email from WestUC.
    • See additional terms and conditions under the Reservationless-Plus Conferencing section below
  • Long Distance Bundle
    • Applicable to all VoiceMaxx CE seat types as well as SIP trunking Customers
    • Applicable to new and renewing Customers only
    • Includes 250 minutes per month of domestic U.S. long distance (“LD”) minutes per named user
    • LD minutes cannot be bundled across the enterprise or shared with other users
    • LD minutes do not rollover from month to month
    • Overage charges apply for LD minutes in excess of 250 per month
    • Includes U.S. interstate and intrastate LD only.  Does not include international LD or toll-free charges
    • Applicable to named users only.  Does not apply to calls made from common areas or conference phones.
  • Unified Messaging
    • Applies to VoiceMaxx CE Premium seat types only
    • Provides a rough, automated transcription of voicemail messages delivered to the user’s email address along with the .wave file
    • Transcriptions are provided solely for Customer’s convenience and are not intended to replace listening to voicemail messages
    • Customer and its end users are responsible for listening to their voicemail messages and should not rely exclusively on the transcriptions
    • West does not guarantee the accuracy of the transcriptions nor guarantee that the transcriptions will be error-free

 

WestUC’s Reservationless-Plus Conferencing Services

 

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Customer acknowledges that West acts as contracting agent on behalf of West’s affiliate, WestUC, with respect to the Reservationless-Plus Conferencing Services (“ResPlus”), and that WestUC will provide ResPlus to Customer.  In the course of providing ResPlus, WestUC may obtain and possess certain information about the quantity, technical configuration, type, destination and location of Services provided by West.  This information is referred to as customer proprietary network information (“CPNI”).  Under federal law, Customer has the right, and West has the duty, to protect the confidentiality of Customer’s CPNI.  Pursuant to the terms hereof, Customer consents to West’s disclosure of Customer’s confidential information, including but not limited to CPNI, end-user names, addresses, email addresses and telephone numbers to WestUC for the purpose of providing, maintaining and troubleshooting ResPlus.

Subject to Customer’s compliance with the terms and conditions of these terms and the Agreement, Customer and its invitee participants are granted a non-exclusive license to use ResPlus in conjunction with Customer’s purchase of the applicable VoiceMaxx CE Services during the Term of the Agreement.  Except as specifically set forth herein, WestUC or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in ResPlus, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to ResPlus. Customer agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to ResPlus.  Use of third party services that are complimentary to ResPlus, such as Cisco WebEx, are subject to a separate agreement to be signed between Customer and WestUC, which will incorporate the license agreement of the applicable third-party service provider.  Other than using ResPlus for conferences or meetings in which Customer is an active participant, Customer may not resell ResPlus or otherwise generate income from ResPlus.

Customer is responsible for maintaining the confidentiality of Customer’s accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with ResPlus and for all uses of ResPlus in association with Customer’s accounts whether or not authorized by Customer.  Customer agrees to immediately notify WestUC of any unauthorized use of Customer’s account of which Customer becomes aware. 

Customer is the sole owner and is solely responsible for all content provided to WestUC and the content of all communications (visual, written or audible) using Customer’s accounts.  Customer shall comply with all laws, rules and regulations while using ResPlus; shall not transmit any communication that violates any law, rule, or regulation; shall not violate any third-party rights in using ResPlus; and shall not use ResPlus in any way that damages WestUC’s property or interferes with or disrupts WestUC’s system or other users.  Although WestUC is not responsible for any such communications, WestUC may suspend any such communications of which WestUC is made aware.  Use of the conference recording feature or taping any use of ResPlus by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that WestUC has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer’s compliance with the above and does not control Customer’s content nor guarantee the accuracy, integrity, security or quality of Customer’s content.

The following practices are specifically prohibited:

  • Using ResPlus for telemarketing or call center operations;
  • Reselling ResPlus or any portion thereof;
  • Sharing ResPlus whether via PBX, call center, computer or any other means;
  • Calling numbers (whether singly, sequentially or automatically) to generate income for Customer or others as a result of placing the call, other than for your individual business communications;
  • Sharing dial-in and passcode information with others so as to allow them to use ResPlus; or
  • Engaging in unusual calling patterns inconsistent with normal, individual subscription use, such as making regular calls of short duration or calls to multiple numbers in a short period of time.

Fair Use 

In the event Customer utilizes an average of two thousand (2,000) or more public switched telephone network (“PSTN”) minutes per user per month using ResPlus, WestUC may invoice Customer at WestUC’s standard rates for each additional minute (or portion thereof) of use of ResPlus.

Other practices may be relevant in determining legitimate use of ResPlus and WestUC reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination as to whether Customer’s use of ResPlus violates these terms.  West may, at its option, terminate or suspend ResPlus immediately and without compensation or refund if it determines Customer has used or is using ResPlus contrary to the terms hereof. 

 

 

Cloud Contact Pro

 

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  • Inbound telephony services are not included as part of the Cloud Contact Pro Service

Data Connectivity

  • In order to use Cloud Contact Pro, Customer must connect to West over either public connectivity (i.e. the Internet) or private Internet-service-provider connectivity (e.g. leased line, MPLS, private DSL or other technologies). Customer must carefully ensure that all of West’s prerequisite requirements for Internet connectivity, firewall configuration and local network configuration are met in full to avoid problems, poor quality voice experiences and other issues. If upon investigation West finds that Customer failed to follow West’s prerequisites (or if Customer has erroneously confirmed that Customer has), then West shall be entitled to charge for West’s time in respect of any additional effort that West has incurred in troubleshooting or supporting Customer to resolve such issues.
  • Delays to Customer’s ability to use the Service due to the provisioning lead times associated with private connectivity circuits or public Internet circuits will not be reason to delay the Service Commencement Date for the service and our Ready for Service date shall stand regardless.  “Service Commencement Date” is the date West advises Customer that Cloud Contact Pro is Ready for Service as set out below.
  • Customer acknowledges it is entirely dependent upon the availability of public or private connectivity to access and use Cloud Contact Pro.  Customer acknowledges West’s strong recommendation to ensure Customer has a resilient connection to the network to avoid any interruption to Customer’s usage of the Service. Customer may choose to use a second public Internet connection to provide back-up to a primary public or private connection, or Customer may provide multiple private circuits to deliver to different sites in both Customer’s network and West’s. Customer is responsible for correctly configuring Customer’s network to ensure that automatic failover occurs in the event of a failure of the primary connection and recovery once service is re-established to the affected connection, and Customer is solely responsible for deciding which level of resilient connectivity is appropriate for Customer’s business.
  • Where Customer contracts with West to provide any data connectivity to Customer’s sites, then Customer will provide West with all and any assistance to enable the delivery of the Circuits, (which assistance shall be time critical) in Customer’s securing access and where appropriate any third-party consents to enable the delivery of the Service.

Charges

  • West will advise Customer when Cloud Contact Pro is ‘Ready for Service.’  The Ready for Service date is the date when Customer could use Cloud Contact Pro or any part of it for commercial gain.  West will charge Customer the Subscription Fees for Cloud Contact Pro specified in the applicable CSA and Customer’s transactional usage charges as of the Ready for Service date regardless of whether Customer is using the Service in part, in full, or not at all.
  • Call recording charges are billed per minute or part thereof.  Call recording storage charges are billed per minute per month or part thereof that calls are stored.

Security and Information

  • West will maintain reasonable security measures in an effort to safeguard Customer Information from unauthorized access and use, and to minimize the risk of a security breach.  Customer Information is defined as data input, created or used by Customer in using the Software and Contact Center Service.
  • Encryption techniques (where appropriate) may be used for protecting Customer Information on input and transmission over the West network.
  • If Customer learns about or is informed of any components, processes or methods of operating any software comprised in any Service it shall treat such knowledge or information as West’s trade secret, and it will not use it to the benefit of any party other than West or convey it in any way to any third party or allow any third party to acquire it.
  • Customer is entirely responsible for security of access to Customer’s computer systems, Customer’s networks and Customer’s infrastructure. Customer will ensure Customer deploys firewalls, takes backups and uses antivirus and anti-malware / anti-spam software on all of Customer’s systems.

Outbound Voice Service

The telecom market for call termination pricing is dynamic and the costs of calls to different destinations change on a daily basis at a wholesale level. The CSA contains a domestic long-distance rate that shall be fixed for the initial Service Period. International long-distance rates are variable and subject to regular modification due to changes in market conditions, wholesale prices and other circumstances beyond West’s control such as regulatory events. In the unlikely event that we are forced by a regulator to change a usage charge that has been fixed in the CSA during the initial Service Period, West will notify Customer of the relevant rate change for the destination in question.

No Emergency Calls

If Customer is not purchasing interconnected voice over Internet protocol (VoIP) from West, West will not be providing emergency services to Customer.  Cloud Contract Pro does NOT support any emergency calls to 911.  Cloud Contact Pro is NOT an interconnected VoIP service, and it is not a replacement for your primary telephone service. There are important differences between interconnected VoIP service and Cloud Contact Pro.  Customer acknowledges and understands that Customer must make additional arrangements in order to call 911. It is Customer’s responsibility to purchase interconnected VoIP or traditional wireline telephone services that offer access to 911.  Customer is responsible for informing all end users that may use Cloud Contact Pro that it is not possible to support or carry 911 calls using Cloud Contact Pro, and that they may access emergency services via the additional arrangements that Customer has made available for Customer’s end users.

Responsibility for Content and Transmitting Messages

Customer represents and warrants that:

  • It is solely responsible for the content (“Content”) of any messages or recordings (“Messages”) it sends to customers or prospective customers (“Recipients”) and it has the legal right to use all Content and send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content, timing and purpose of all Messages, and Customer’s campaigns and programs are in compliance with all applicable laws, rules and regulations;
  • Customer is the transmitter of all Content and Messages and West is merely acting at Customer’s direction as a technology conduit for the transmission of the Content and the Messages;
  • West’s use of the Content shall not violate the rights of any third party or any law, rule or regulation;
  • Customer has obtained prior express consent to contact each wireless phone number delivered by Customer to West in connection with the provision of any Services delivering a prerecorded or text message (“Notification Services”);
  • The intended contact recipient is the current subscriber, or the non-subscriber customary user, of the wireless phone number;
  • Customer has (a) incorporated an interactive opt-out mechanism as part of any program relating to any Services or (b) the contacts that are the subject of such Services are not initiated to induce the purchase of goods or services or to solicit a charitable contribution (“Solicitations”);   
  • Customer has, unless an exemption applies, obtained from the recipient of any Solicitation an express written agreement that meets the requirements set forth in Section 310.4(b)(1)(v)(A) of the FTC’s Telemarketing Sales Rule and Section 64.1200(f)(8) of the FCC’s Telephone Consumer Protection Act Rules; and
  • Customer will not transmit or allow to be transmitted any Content or Messages that: (a) it does not have a right to make available under any law or under contractual or fiduciary relationship; (b) are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; harmful to minors in any way; (c) infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party; (d) utilize any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other forms of solicitation; or (e) interfere with or disrupts the Services or servers or network operator networks. 

Upon request, Customer shall provide reasonable proof of compliance with the provisions set forth in this section and where West reasonably believes that Customer may not have complied with such provisions or with all laws, rules and regulations, West may, at its option (i) scrub all numbers against any appropriate data base deemed necessary to remove all wireless phone numbers, (ii) insert an interactive opt-out mechanism and pass the resulting data to Customer or (iii) not provide any Services. 

 

Cisco Spark®

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 “Cisco Services” shall refer to the Cisco Services provided by West.  Provisioning of the Cisco Services shall be subject to the Cisco End User License Agreement located at http://www.cisco.com/c/en/us/td/docs/general/warranty/English/EU1KEN_.html, the Cisco Spark Services Offer Description and Supplemental Terms located at http://www.cisco.com/c/dam/en_us/about/doing_business/legal/service_desc..., and the Cisco Systems, Inc. Online Privacy Policy located at http://www.cisco.com/web/siteassets/legal/privacy.html (collectively, the “Cisco Terms”) which are incorporated herein by this reference.   Subject to the execution of an addendum or change order, Customer may add additional Named User Subscriptions. Any Basic Cloud Meeting attendee overages shall be billed at $47.00 USD per additional attendee over the applicable cap for each meeting.  Customer may request to permanently block the attendee overage option by providing written request to WestUC.  “Implementation Date” shall mean the first date the Cisco Spark Services purchased are available for Customer’s use. 

Spark Message:  Spark Message is a secure place for teams to create unlimited rooms where users can message, share content and meet face to face in an open space, accessible from any device. Spark Message is not sold as a standalone offer and will co-terminate with Customer’s underlying subscription for the Cisco Spark Services.