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SERVICE ANNEX
<br />CLARO ENTERPRISE SOLUTIONS, LLC. UNIFIED COMMUNICATIONS AS A SERVICE (UCaaS)
<br />CES will provide instructions on returning procedures. CUSTOMER is
<br />responsible for costs related to all equipment returns except where
<br />CUSTOMER elects to terminate the Service for breach by CLARO
<br />ENTERPRISE SOLUTIONS, in which case CLARO ENTERPRISE
<br />SOLUTIONS shall pay for such costs related to equipment returns.
<br />Equipment should be returned to CES in the same condition as
<br />CUSTOMER initially received such equipment considering normal wear
<br />and tear. The monthly recurring charge related to the equipment will be
<br />paid by CUSTOMER until such equipment is received by CES, except
<br />where such termination occurs at the end of the Initial Period or any
<br />Renewal Period or upon CUSTOMER termination for breach by CES, in
<br />which case no monthly recurring charges shall be charged.
<br />10.0. Content of the Transmitted Information
<br />10.1. CUSTOMER agrees that the information and contents (voice, video
<br />and/or image) transmitted over the UCaaS Service, along with the manner
<br />in which it is used, is under the CUSTOMER's sole responsibility and
<br />control. For the avoidance of doubt, CES sole responsibility hereunder is
<br />to provide the UCaaS Service per the terms of the Agreement.
<br />11.0. Request for Service Disconnection
<br />11.1 In the event that CUSTOMER requests an early service
<br />disconnection, early termination charges as set forth in this Agreement
<br />shall apply, except in the event that a request to disconnect is received in
<br />conjunction with notice of intent not to renew the Minimum Period or
<br />Renewal Period, as the case may be.
<br />CUSTOMER shall pay an early termination fee calculated by the Monthly
<br />Recurring Charge (MRC) times the number of months remaining in the
<br />contract for the terminated Service. For terms and conditions regarding
<br />termination of Service(s), please refer to the 'termination" clause of the
<br />General Terms and Conditions of the Agreement.
<br />CUSTOMER must place all requests for Service disconnections via an
<br />Order Form. Unless otherwise agreed to in writing by the Parties, the
<br />disconnection process will be completed forty-five (45) days after
<br />CUSTOMER request to disconnect has been acknowledged in writing by
<br />CES. CES shall acknowledge CUSTOMER's disconnection request in
<br />writing upon receipt.
<br />12.0 Emeroencv Calling Service (911
<br />The Federal Communications Commission (FCC) requires that CES
<br />provide 911 Service to all customers, including CUSTOMER facilities that
<br />use CES services within the United States.
<br />12.1. CUSTOMER acknowledges that CES will not be liable for any
<br />service outage and/or inability to dial 911 or any other Emergency Service
<br />Operator due to the limitations set forth in this Service Annex.
<br />12.2. CUSTOMER agrees to notify all service users of the 911 limitations
<br />described herein.
<br />12.3. CUSTOMER acknowledges that the services provided will not
<br />function in the absence of electrical power, interruption of CUSTOMER
<br />Internet access or IP network service or CUSTOMER Local Area Network
<br />(LAN) failures.
<br />12.4. CUSTOMER acknowledges that any location information passed to
<br />an Emergency Operator by CES will be based upon the physical address
<br />provided by CUSTOMER to CES associated with the calling party.
<br />CUSTOMER is required to register the physical location of their
<br />equipment with CES, and agrees to update this information wheneverthe
<br />physical location of the equipment is to change.
<br />12.5. CUSTOMER acknowledges that the service provided, including
<br />E911 service, will not function if CUSTOMER's Phones, Analog Adapters,
<br />or Integrated Access Devices are not working, or are not configured
<br />correctly.
<br />13.0. Prohibited Uses
<br />Any use of the Services or any other action taken by CUSTOMER or its
<br />vendors, that whether directly or indirectly causes a disruption in the
<br />network integrity of CES is strictly prohibited and could result in
<br />termination of the Services at the sole, but reasonable, discretion of CES.
<br />CUSTOMER agrees and acknowledges that it is purchasing Service(s) for
<br />its internal use only, and that it is expressly prohibited from reselling or
<br />transferring the Service(s). The service plans are for the internal business
<br />use of CUSTOMER only and the uses of the Service in the following
<br />nature are expressly prohibited: any auto -dialing, continuous or extensive
<br />call forwarding scam, continuous connectivity, telemarketing fraud, war
<br />dialing, robocall, call hammer, brute -force attempts, caller ID spoofing,
<br />register bogus, fax broadcast, fax blasting, junk faxing and fax
<br />spamming. Any use found to be inconsistent with these restrictions will
<br />result in termination of the Service.
<br />14.0. Fraudulent Calls,
<br />CUSTOMER acknowledges its sole responsibility and shall indemnify and
<br />hold CES harmless of any and all costs, expenses, damages, claims or
<br />actions arising from fraudulent calls of any nature. CUSTOMER shall not
<br />be excused from paying CES for the Services provided to CUSTOMER or
<br />any portion thereof on the basis that fraudulent calls comprised a portion
<br />of the Services provided. In the event that CES discovers fraudulent calls
<br />being made (or reasonably believes fraudulent calls are being made),
<br />nothing contained herein shall prohibit CES from taking immediate action
<br />and, without notice to CUSTOMER, that is reasonably necessary to
<br />prevent such fraudulent calling activity from occurring, including, denying
<br />Services to particular phone numbers or terminating Services to or from
<br />specific locations. However, nothing contained herein will impose any
<br />obligation on CES to take any action with respect to fraudulent calls.
<br />15.0. Call Recordin
<br />If enabled, CUSTOMER agrees that it is its sole responsibility to
<br />understand and obey all applicable laws and regulations when using Call
<br />Recording service. CUSTOMER agrees to use the Call Recording
<br />services only for lawful purposes, and shall not transmit any unlawful,
<br />harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
<br />sexually explicit, profane, hateful, racially, ethnically, or otherwise
<br />objectionable material of any kind, including but not limited to any material
<br />that encourages conduct that would constitute a criminal offense, give rise
<br />V.10.22 CLARO ENTERPRISE SOLUTIONS, LLC - PROPRIETARY
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