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REV: 01-20-2022 RL
<br />f. This SA will entitle Customer to a preferred rate defined in Appendix D, “Hourly Time and Materials Billing Rate”, on
<br />labor outside the scope of this contract including but not limited to Traffic Studies, Scheduled Customer Care, Software
<br />Upgrades above and beyond the annual upgrade, after-hour Services, & MAC (Moves, Adds, & Changes).
<br />g. Proactive Full Time Monitoring
<br />i. Proactive monitoring (Kaseya) will be provided at Customer’s request by Company on a 24 hours a day, 7
<br />days a week, 365 days a year basis.
<br />ii. All alarms from the Mitel communication system will be sent to our Network Operations Center (NOC) and
<br />treated in the following manner
<br />1. Company will attempt to fix the problem remotely and then notify Customer of the outcome.
<br />2. If the problem is not fixed remotely, Customer will be notified and an engineer will be dispatched to
<br />customer site to solve the problem.
<br />h. With respect to response times for all Equipment Outages (defined in Appendix C, “Outages Classifications”),
<br />Company will use its best efforts to respond to Customer request for service within the response times set for the in
<br />Appendix C based on time of receipt of Customer’s acknowledged request for service, such response time to be
<br />calculated only during the hours of coverage selected by Customer.
<br />i. With respect to on-site response times for Outage of Equipment (classified as a Priority P1 failure as defined in
<br />Appendix C, “Outages Classifications”), Company’s policy is to respond, if needed, on-site to Customer’s request for
<br />service within 4 hours of receipt of Customer’s telephone request for service. Note, any on-site labor performed for
<br />major malfunctions is covered in this agreement and provided free of charge to the “Customer”.
<br />j. Any remote phone or remote access services that is not support related, which lasts less than 30 minutes, shall not
<br />be billed.
<br />IV. Services Excluded by this Support Agreement: Support does not include any labor or material costs for or necessitated by
<br />any of the following:
<br />a. Unless listed in Appendix A, “Schedule of Equipment”, items not explicitly listed are excluded from maintenance
<br />support including Network Equipment Headsets, Surge Protectors, Battery Backups, Batteries, UPS’s, Wire, Cable,
<br />Jacks, Cordless Phones, and third-party software integrated with the phone system.
<br />b. Labor and material costs of moves, additions, changes, and removals of or to the Equipment; specification or
<br />engineering changes; electrical work external to any item of Equipment; changes; or any operating supplies or
<br />accessories (batteries of any type, magnetic tapes or similar materials).
<br />c. Negligent, willful acts of Customer or any third party.
<br />d. Accident, casualty (including without limitation fire and lightning, flood, earthquake, acts of God, war, riot, natural
<br />disaster damage), neglect, misuse, or any other than normal use in the manner described in the Equipment
<br />specifications and/or specified in writing by Company.
<br />e. An act or event occurring external to the Equipment which directly or indirectly causes a failure or malfunction in the
<br />Equipment, including without limitation, failures or malfunctions of trunk lines or toll lines, cables, or other equipment
<br />connecting the Equipment to the telecommunications system of the operating telephone utility, abnormal
<br />environmental conditions (e.g. water inundation), or power fluctuations or failures which adversely affect the
<br />Equipment.
<br />f. Repair, maintenance, or increase in normal service time resulting from Customer’s failure to provide a commercially
<br />reasonable Equipment environment as required in the Equipment specifications, or any other failure of Customer to
<br />fully perform its responsibilities under this SA.
<br />g. Any other acts or events that may adversely affect the Equipment’s performance, occasioned by acts of Customer or
<br />any third party, or a third party’s use of the Equipment in combination with any other apparatus, device, or other
<br />system not supplied or approved as to such combined use by Company.
<br />h. Any other service not required to keep the equipment in good operating condition for normal use including Operator
<br />and Station User training
<br />i. Diagnosing Customer’s Telecommunication services/ WAN / LAN / VPN in conjunction with phone system outages
<br />including individual Remote VOIP Phones
<br />#### Signature Page on following page #####
<br />ATTY/AGR.2022.006/Packet Fusion (Page 2 of 11)
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