Shaw Business SmartVoice Service Order Form
The detailed service agreement and cost schedule for the proposed SmartVoice telephone system.
SMARTVOICE SERVICE ORDER FORM
Date of Service Order: June 1, 2018 Account Rep. Name: Kayle Ludwar Partner ID: PA33 Partner Name: Westlink Communications Inc
This Service Order Form constitutes an agreement between the company listed below ("Customer") and SHAW BUSINESS, a division of Shaw Telecom G.P., Shaw Business U.S., Inc., and/or Shaw Envision Inc., as applicable (“Shaw Business”).
CUSTOMER INFORMATION
Legal Customer Name: Town of View Royal Address for Billing: 45 View Royal Ave Victoria, BC V9B 1A6 Canada
Address for Legal Notices (if different than Billing Address): [Not Provided]
Attention: Dawn Christenson Attention: [Not Provided] Phone: (250) 479-6800 Fax: (250) 727-9551 Phone: [Not Provided] Fax: [Not Provided] Email: dchristenson@viewroyal.ca Email: [Not Provided]
ORDER INFORMATION
Business Voice Service Type: SmartVoice Contract Type: New Customer Reference Number: 1706672301-12945
Service Location 1: Town of View Royal Address: 45 View Royal Ave, Victoria, BC V9B 1A6 On-Net: Yes Demarcation: RJ45 connector at the Service Location
Service Location 2: Town of View Royal Address: 333 Island Hwy, Victoria, BC V9B 1G9 On-Net: Yes Demarcation: RJ45 connector at the Service Location
Service Charges and Term: 60 Months
| Service | Location | Description | Qty | Rate | MRC | NRI |
|---|---|---|---|---|---|---|
| SmartVoice Analog | 1 | SmartVoice for Fax or POS | 2 | $19.95 | $39.90 | $0.00 |
| SmartVoice | 1 | Hardware - Polycom VVX3/4xx | 3 | $21.95 | $65.85 | $0.00 |
| SmartVoice Collaborative | 1 | Hardware - Polycom VVX4xx | 29 | $26.95 | $781.55 | $500.00 |
| SmartVoice Auto Attendant | 1 | SmartVoice- Auto Attendant Feature | 1 | $9.95 | $9.95 | $0.00 |
| SmartVoice Collaborative Receptionist | 1 | Hardware - Polycom VVX50x + SideCar | 1 | $49.95 | $49.95 | $0.00 |
| SmartVoice Conference | 1 | Hardware - Polycom IP6000 | 1 | $29.95 | $29.95 | $0.00 |
| SmartVoice Conference | 2 | Hardware - Polycom IP6000 | 1 | $29.95 | $29.95 | $0.00 |
| SmartVoice Collaborative Receptionist | 2 | Hardware - Polycom VVX50x + SideCar | 1 | $49.95 | $49.95 | $0.00 |
| SmartVoice Analog | 2 | SmartVoice for Fax or POS | 1 | $19.95 | $19.95 | $0.00 |
| SmartVoice Auto Attendant | 2 | SmartVoice- Auto Attendant Feature | 1 | $9.95 | $9.95 | $0.00 |
| SmartVoice Collaborative | 2 | Hardware - Polycom VVX4xx | 25 | $26.95 | $673.75 | $0.00 |
| Total: | $1,760.70 | $500.00 |
The Above Charges do not include applicable taxes. Charges are in Canadian Dollars unless otherwise specified. The installation costs associated with the Service are conditional upon the results of a final detailed field facilities analysis. Should the analysis determine that the provisioning costs will be greater than indicated above; the parties will renegotiate the installation and/or monthly recurring charges.
MRC: Monthly Recurring Charge NRI: Non-Recurring Installation Charge
- CAN/US Long Distance minutes included
- CAN/US Toll Free minutes will be charged at $0.03/min
- International Long Distance rates can be found at the following site: http://business.shaw.ca/Phone/Long-Distance
Services include on-line access to Customer to manage features and other important information about the Services herein (“Customer Portal”).
ADDITIONAL SERVICE REQUESTS
Customer may request any of the additional services listed in the table below, from time to time, by submitting a Change Request to SHAW BUSINESS at inquiries@shawbusiness.ca or 1-877-742-9249. Shaw Business will provide Customer with a Confirmation Form confirming the request and the MRC and NRI charges associated with the additional services requested. Additional Services added to the original contracted Services must be maintained by Customer for a minimum of three (3) months, after which time the Customer may cancel some of the Services, without penalty, provided that the original SmartVoice Services contracted for under this SOF remain for the entire Term of the SOF.
Adding Packages and Features: Additional monthly recurring charges (MRC) will be applied for additional packages and features. Upon provision of the requested changes, the Customer’s billing will be adjusted in accordance with the MRC fees set out below:
TABLE 1: Monthly Fees for Additional Services or Features ordered during initial Term:
| SmartVoice Services | Up to 60 Month Contract* |
|---|---|
| SmartVoice Analog | $19.95 per seat |
| SmartVoice | $21.95 per seat |
| SmartVoice Collaborative | $26.95 per seat |
| SmartVoice Auto Attendant | $9.95 per seat |
| SmartVoice Collaborative Receptionist | $49.95 per seat |
| SmartVoice Conference | $29.95 per seat |
| SmartVoice Conference | $29.95 per seat |
| SmartVoice Collaborative Receptionist | $49.95 per seat |
| SmartVoice Analog | $19.95 per seat |
| SmartVoice Auto Attendant | $9.95 per seat |
| SmartVoice Collaborative | $26.95 per seat |
*The above charges do not include applicable Taxes
TABLE 2: Renewal Pricing and Monthly Fees for New Services and Features ordered during the Term:
| SmartVoice Services | Additional Service Price |
|---|---|
| SmartVoice | $29.95 per seat |
| SmartVoice Collaborative | $39.95 per seat |
| SmartVoice Collaborative Reception | $49.95 per seat |
| SmartVoice Mobile | $49.95 per seat |
| SmartVoice Conference | $29.95 per seat |
| SmartVoice Analog | $19.95 per seat |
| SmartVoice Mobile App | $10.95 per seat |
| SmartVoice Mobile Collaborative | $27.95 per seat |
| SmartVoice Call Queuing | $1.95 per seat |
| SmartVoice Call Recording | $7.95 per seat |
| Meet Me Conference | $5.00 per month per port |
| Group Voice Mail Box | $5.00 per month per mailbox |
| Auto Attendant | $9.95 per month per Attendant |
| SmartSwitch | Monthly Recurring Charge |
|---|---|
| 8 Port Smart Switch | $18.00 per switch |
| 24 Port Smart Switch | $35.00 per switch |
| 48 Port Smart Switch | $70.00 per switch |
*Based on the original Term of this SOF. The above charges do not include applicable Taxes
One Time Charges for additional Services and Features:
| Item | NRI Charges for Additional Services* |
|---|---|
| Receptionist Sidecar (third sidecar) | $185.00 per unit, one-time cost |
| Receptionist Portal Upgrade (30 line) | $75.00 per 30 line configuration, one time charge |
| Receptionist Portal Upgrade (30 line+) | $175.00 over 30 line configuration, one time charge |
| Set Upgrades (VVX4xx, VVX50x or VVX60x) | $75.00 per set, one time charge |
| Installation Charges (per cable run, 4 seats and under) | $50.00 per cable run, one time charge |
| Installation Charges (per cable run, over 4 seats) | $150.00 per cable run, one time charge |
| Installation Charges (SmartSwitch) | $74.95 per install, one time charge |
| HD Camera (VVX 50x and 60x only) | $95.00 per camera, one time charge |
*The above charges do not include applicable Taxes
Change Requests: Change Requests are subject to the charges noted in the above table plus a one-time fee of $100.00 per Change Request, plus applicable Taxes. The one-time Change Request fee will be waived: (i) for implementation changes requested within 5 days of installation of the Service; and (ii) for up to two Changes Requests per month.
Porting Charges: Customer will be charged a one-time fee of $500 plus applicable taxes if Customer requests that numbers be ported outside of normal business hours. In addition, if Shaw Business schedules an after-hours port and Customer fails to provide access to its premises at the scheduled time, Customer will be charged the $500 port charge for each time the work is scheduled, until access is provided and the port is completed.
Move Charges: Move requests will be subject to an access installation charge. Access installation charges for On-Net locations will be charged at the rate of $50.00 per SmartVoice Seat and $75.00 per SmartSwitch; installation charges for Off-Net locations will be assessed by Shaw Business upon receipt of the request and will be confirmed to Customer prior to proceeding with the move.
TERM AND RENEWAL
- The Term for new Services will commence upon completion of installation as notified to Customer by Shaw Business
- The Term for renewals will commence on the first day of the month following the date this SOF is signed and submitted by Customer
- Changes, amendments and relocations are effective when all changes are complete and Term continues from the date changes are complete
- Services will automatically renew at the end of the initial Term or any renewal Term, on a month-to-month basis with a monthly recurring charge (MRC) equal to the MRC set forth above; provided that either party may terminate the Term upon sixty (60) days prior written notice.
CABLING AND EQUIPMENT
Shaw Business will deliver the Services to the master telephone room at the applicable Customer service location. Customer wiring will be used to extend to end users and is the responsibility of the Customer. If requested, Shaw Business will extend the wiring at an additional cost.
All Equipment provided by Shaw Business and installed at the Service Location will remain the property of Shaw Business and upon termination of the Services will be removed by Shaw Business.
IMPORTANT DISCLOSURE ABOUT MOBILE SERVICES
The Mobile Services are not a replacement for mobile or fixed line telephones. In particular, the Mobile Services may not allow the user to make emergency 911 calls and it is the Customer’s sole responsibility to determine whether or not the Customer’s device over which it is using the Mobile Services restricts the user from making emergency 911 calls. Customer acknowledges and agrees that it may have to make alternative arrangements to ensure that it has the ability to make emergency 911 calls.
EMERGENCY 911 SERVICE RESTRICTIONS
Customer acknowledges that SmartVoice Services have certain limitations relative to Enhanced 9-1-1 service as more particularly set forth below, and Customer is responsible for advising all of its end-users of these limitations.
All SmartVoice Services: a) 911 service will not function in the event of a power outage or network service outage; b) 9-1-1 calls may be misdirected to an incorrect emergency response site if Customer is using the voice Service at any location other than the Service Location where the SmartVoice services are installed as specified on the SOF ("Primary Service Location").; c) In the event an end user places a 911 call, the phone number designated by the Customer as the primary number and the street address of the Primary Service Location will be passed on to the local PSAP or the local emergency dispatcher; d) End users not at the Primary Service Location must inform the emergency services dispatcher of their location when placing a 911 call e) The PSAP or local emergency services dispatcher may not be able to capture and/or retain automatic phone number or location information when receiving 911 calls. Customer or end-user must ensure they do not disconnect the line, as the dispatcher may not have a phone number to use for call back. If the person is unable to speak and provide the location, the emergency dispatcher may not be able to obtain location information. If 911 is dialed and the receiver is hung up, the call will be disconnected. f) If 911 services are a concern, Customer may wish to consider having a backup land line or other alternate means of accessing traditional 911 or E-911 services.
SmartVoice Services over Mobile Device (personal computing client and/or tablet or other mobile device applications):
The SmartVoice Service allows you to make or receive telephone calls using a Mobile Device over the Internet to or from the public switched telephone network. The nature of these telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and Customer acknowledges and agrees that differences exist between traditional telephone service and SmartVoice Services over a Mobile Device, including the lack of traditional 9-1-1 emergency services.
Because of the unique nature of SmartVoice Services over Mobile Devices, emergency calls to 9-1-1 through the service will be handled differently than calls placed over traditional phone services. The following provisions describe the differences and limitations of 9-1-1 calls placed to emergency services from your account as described below. Customer hereby acknowledges that it understands the differences between 9-1-1 calls over traditional voice service and 9-1-1 calls made using SmartVoice Services over Mobile Devices.
a) When a 9-1-1 emergency call is made, the SmartVoice Services over Mobile Devices will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the address of record on Customer’s account. However, due to the limitations of the VoIP telephone services, the 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, the call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, the end-user making the call may be required to provide their name, address, and telephone number to the call centre. b) SmartVoice Services over Mobile Devices will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, the end-user must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date. c) Customer is responsible for providing, maintaining, and updating correct contact information (including name, address and telephone number) for your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site. d) For technical reasons, there is a possibility that a 911 call may produce a busy signal or may take longer to answer than traditional 911 services. You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately. e) For technical reasons, the functionality of 9-1-1 emergency calls may cease or be curtailed in various circumstances, including but not limited to: failure of service or your service access device—if your system access equipment fails or is not configured correctly, or if your service is not functioning correctly for any reason, including power outages, service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the service, including for 9-1-1 emergency calls; and changing locations—if you move your system access equipment to a location other than that described in your account information or otherwise on record with Shaw Business. f) Customer acknowledges that the Services are designed for operation within Canada and if the Services are being used on a mobile device outside of Canada, it may not be possible to call the relevant emergency number in that country. g) Customer is responsible for notifying, and hereby agrees to notify, all users or potential users of its SmartVoice services of the nature and limitations of 9-1-1 emergency calls on the SmartVoice over Mobile Device service as described herein.
Registration of Physical Location. Customer acknowledges that it is Customer's responsibility to ensure its service location information is kept current at all times. If Customer relocates any direct inward dial numbers ("DIDs") to a location other than the Primary Service Location or is using the SmartVoice over Mobile Device service, it is the Customer's responsibility to promptly provide Shaw Business with the service address and the DID numbers associated with the service address. Once Customer advises Shaw Business of an address change associated with any DID numbers it takes up to three (3) business days for the 911 records with the local PSAPs to be updated. Unless an end-user provides an address location during the 911 call, the call taker will dispatch emergency response vehicles to the last registered address for the Primary Service Location.
Customer acknowledges and agrees that Shaw Business will not be liable for any service outage or inability to dial 911 using Smart Voice Services, or any delays with 911 service due to the limitations set out above. Customer agrees to defend, indemnify and hold harmless Shaw Business, its officers, directors, employees and affiliates from any claims, losses, damages, fines, penalties or costs in connection with any issues arising from Customer or its end users use of the Business Voice Services, and in particular any issues related to not being able to access 911 services or any delays with emergency services being able to identify locations associated with 911 calls.
ADDITIONAL TERMS AND CONDITIONS FOR SMART VOICE SERVICES
The following terms and conditions are applicable to the SmartVoice Services. a) Customer agrees to use the Services solely for its normal day to day business and will not resell, in whole or in part, the Services. b) Customer shall at all times ensure that the Services are used by it in accordance with Shaw Business Voice Acceptable Use Policy as published or posted on Shaw Business website from time to time. c) If Customer wishes Shaw Business to port Customer's existing telephone number or numbers, a duly authorized signing officer of Customer will endorse his/her initials where indicated below. d) Customer will complete and sign the Directory Listing Form provided with this Service Agreement, and Customer acknowledges that it is Customer's responsibility to ensure the information provided on such form is accurate. Shaw Business assumes no responsibility for incorrect information being published in any directory listing if the information matches the information provided in the Directory Listing Form. e) Customer will complete all other applicable forms which may be required by Shaw Business, depending on Customer's service requirements, i.e. toll free numbers, etc. f) When the Service is provided over coax, the use of video over the Services may result in voice calls being dropped or degraded due to bandwidth requirements for video calls. g) Video Calling is supported on Polycom VVX500/600 Models with video cameras and SmartVoice Desktop Client (additional hardware may be required at the cost of the Customer) h) Although Customer may use its own video camera equipment, Shaw Business does not guarantee the compatibility of the Customer video camera equipment with the Services under this Service Order Form
Media File Management
a) If Customer chooses to use the Music on Hold feature available with the Services, Customer will be responsible for sourcing music from an authorized source and downloading it as a wave file (either .wav or .wma). b) Customer is solely responsible for ensuring that it has proper authorization to use any music it downloads for use with the Services. c) Greetings and Music can be uploaded, recorded and managed through the Customer Portal and/or phone menu. d) When uploading Audio files (most common media types .Wav, .wma, etc are supported) to the SmartVoice Customer Portal(s) the following specification apply:
| Feature: | Personalized Name | Voice Mail Greeting | * Auto Attendant | *Call Queuing Media | Music On Hold |
|---|---|---|---|---|---|
| Max File Size | <16MB | <16MB | <16MB | <16MB** | <16MB |
| Max Audio Length | 1 Min | 10 Min | 10 Min | 10 Min** | 10 Min |
*Features are an additional add on service **Applies to all call Queuing Media
e) Customer agrees that Shaw is not liable for the payment of any fees relating to the reproduction, communication and public performance of the music for the Music on Hold feature available with the Services (the “Music”). f) Customer agrees to release, hold harmless, and indemnify Shaw and each of its parent companies, subsidiaries, affiliates, partners, associates, related companies and agents, and/or contractors, employees, officers and directors and representatives from any cause of action, suit, demand, investigation, liability, cost, damage or expense arising from the reproduction, communication and public performance of the Music.
CALL RECORDING SERVICE
a) Call recording service provides the Customer with the ability to record telephone calls and manage the recorded content of the recorded calls (“Audio Files”) through the Customer Portal(s) (“Call Recording Service”). b) Customer Responsibilities i) Customer is solely responsible for access to and use of the Customer Portal and Call Recording Service by all users, including its employees, officers, directors and agents (collectively, the “Users”). The Customer agrees to comply with and to ensure that the Users comply with the following terms and conditions associated with the use of the Call Recording Service and Customer Portal (the Customer and/or User are sometimes herein after referred to as “you”). ii) Customer may not grant access to the Customer Portal to any third party (except a third party acting as agent of the Customer). iii) When providing contact information for the Customer Portal, you agree to provide accurate and current information and to promptly update such information as necessary to ensure that it is kept accurate and complete. iv) You agree you are responsible for: i) maintaining the confidentiality of all passwords and/or other account(s) identifiers which you choose or are assigned, ii) any unauthorized downloads of the Audio Files; iii) establishing policy around access permissions for the Users, including but not limited to who may retrieve, playback and delete recordings; iv) complying with applicable privacy laws and; v) all activities that occur under such passwords and/or account(s). v) Further, you agree to notify Shaw Business of any unauthorized use of your passwords and/or account(s). Shaw Business will not assume any responsibility for your acts or omissions. vi) Customer will not use the Call Recording Service store any material that infringes the intellectual property rights or other rights of third parties. vii) Customer will not use the Call Recording Service to store any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity when such activities are prohibited by Canadian laws. viii) Customer owns the Audio Files. Shaw Business does not have any access to the Audio Files. ix) Shaw Business has access to the related data and meta data collected from Shaw Business’ network, excluding Audio files which it may access and use for the purposes of providing the Services. x) Customer acknowledges, understands and agrees that the Audio Files will automatically be deleted 90 days after the recording was made xi) Customer acknowledges that the Call Recording Service is provided without any representations or warranties, and there is not a Service Level Agreement associated with the Call Recording Service.
Shaw is not liable in connection with the Customer’s use of the Call Recording Services. Customer will indemnify Shaw Business against all losses, liability, claims, damages, judgments, expenses and costs arising from any third party claims resulting from or related to the collection and storage of the Audio Files and its use of the Call Recording Service by Customer or its Users or end-users.
HARDWARE AND SOFTWARE
a) Shaw Business will provide Customer with the phone sets and the software required for the Customer to use the Services. b) The phone sets are provided with a one (1) year manufacturer’s warranty and Shaw Business will handle all warranty related issues. c) Shaw Business hereby provides Customer with a limited license to use the software provided with the Services and Customer acknowledges that its license to use the software is conditional upon Customer agreeing that it will not: (i) transfer, assign or sublicense the software to any other person, organization or entity, (ii) attempt to create any derivative version thereof, or (iii) de-compile, decrypt, reverse engineer, disassemble or otherwise reduce same to human-readable form. d) Customer acknowledges and agrees that phones sets provided by Shaw Business for Services at a Service Location must remain at that Service Location and Customer agrees that it will not remove the phone sets from the Service Location where they were provided.
CHANGES TO OFF-NET SERVICES
Some Off-Net Services provided by Shaw Business may have a third party component which is subject to regulatory changes from time to time. Shaw Business reserves the right to make changes to this Service Order Form as a result of tariff or other regulatory changes to the third party component of the Services as follows: (i) the monthly recurring charges; and/or (ii) the method by which the Services are delivered. Shaw Business will make commercially reasonable efforts to minimize any rate increases as a result of the third party changes. If a change is made to any third party service component which affects the Services, Shaw Business will provide the Customer with sixty (60) days written notice of the expected change and the impact it will have on the Services ("Change Notice"), including any change to the monthly recurring charges. Upon receipt of the Change Notice, Customer will have the option of either accepting the proposed changes or cancelling the affected Services without penalty. If Customer chooses to cancel the affected Services, Customer will provide Shaw Business with written notice to terminate the services and such notice must be sent within thirty (30) days of receipt of the Change Notice, after which Customer will be deemed to have accepted the change to the Services.
NOTICES
Shaw Business address for Legal Notices: 900, 630 – 3 Avenue SW, Calgary AB T2P 4L4 ATTENTION: VP Sales, Business Fax No.: 403-303-4823 WITH A COPY TO: EVP & Chief Legal & Regulatory Officer Fax No.: 403-716-6544
The Customer acknowledges and agrees that each service (“Service”) provided hereunder shall be governed by the terms and conditions included within this Service Order Form and either: (a) the terms of service available at http://business.shaw.ca/Terms-Of-Service/ (as such terms may be updated from time to time) (“Terms of Service”), or (b) any services agreement between Customer and Shaw Business currently in effect, (“MSA”). The Terms of Service or MSA, as applicable, is hereby incorporated by reference into, and together with this Service Order Form forms the entire agreement between the parties hereto. In the event of any inconsistency between this Service Order Form and either the Terms of Service or MSA, as applicable, the terms and conditions set out in this Service Order Form shall prevail.
Legal Customer Name: Town of View Royal
Signature: __________________________ Print Name: __________________________ Title: __________________________ Date: __________________________