This contract provides Hosted VoIP Phone Service Voice Service with features described in this document for an initial term of 12 months at a cost of $35 each month per user, plus applicable taxes. There is a 2 user minimum. This contract automatically renews on the anniversary date for one additional year unless cancelled 60 days prior to end date.
Future changes to the configuration may require equipment purchases and additional set up fees. Monthly fees will change depending on the services added and removed. A new contract will not be generated after each change, customer agrees to incur any additional fees incurred from adding and removing services over the course of the contract.
Customer relocation requires sufficient broadband Internet access at new location in order to continue to use. Hosted VoIP Phone Service Hosted PBX services. Setup fee may be incurred to move phones and equipment to new location depending on new location address and physical configuration of office space.
- Provide all information requested by Syncd Technologies Project Management in a complete and timely fashion (including but not limited to: Configuration Questionnaire, E911 Policy, Site layout, Letter of Agency).
- Supply, install, configure, maintain, and provide documentation to Syncd Technologies for all Communications and Networking CPE not managed by Syncd Technologies.
- Configure new IP address assignments on any hardware and/or software not managed by Syncd Technologies.
- Provide information of primary and secondary contacts with phone, pager and/or email address.
- Supply sufficient grounded and conditioned AC power for Syncd Technologies provided equipment.
- Safely store Syncd Technologies provided equipment under appropriate climatic/physical conditions.
- Overhead Paging: Customer will provide any adaptor or units necessary to integrate with the Hosted VoIP Phone Service Hosted PBX service. Syncd Technologies can recommend 3rd parties with relevant experience.
- Door Boxes/Door Paging: Customer will provide door box, power, all electrical work required and Ethernet port for handoff of virtual extension. Syncd Technologies can recommend 3rd parties with relevant experience.
- To permit complete access to Syncd Technologies service personnel in the event that a visit is scheduled and to be present during the scheduled time frame. If customer is not present at stated location during scheduled visit, additional Professional Services fees are applicable.
- Provide a clean, safe environment for Syncd Technologies technicians to install service.
- Provide personnel to record all auto‐attendant, ACD and Music on‐hold messages. Syncd Technologies can provide professional voice talent for an additional fee.
- Maintain minimum PC and Operating System standards for all software applications deployed
- Maintain / Configure Wiring and LAN/WAN equipment (switches and routers not managed by Syncd Technologies) to the following VoIP standards.
- No single application accounts for greater than 30% of all LAN traffic (for proper queuing).
- All internal cabling is CAT 5, CAT 5E, CAT 6, or is otherwise capable of delivering at least 100mbps to the end device • Total traffic does not regularly exceed 75% of the total available bandwidth Packet Loss < 1%.
- No in‐line network hubs between switch and Syncd Technologies handset.
- If Customer is providing LAN switches they must have individual VLANS for voice and data according to Syncd Technologies provided instructions.
- Customer must disclose any and all network hubs and/or switches to Syncd Technologies. In the event that these devices are not known or are not disclosed, telephone system call quality may be affected and Customer’s network will need to be assessed and reconfigured during or after the implementation for additional fees.
- If these standards are not met, telephone call quality may be affected. In the event that the customer is unwilling / unable to support or manage the LAN/WAN to these specific requirements, Syncd Technologies can provide options for LAN assessment and management.
- After activation of Syncd Technologies services, Customer assumes all responsibility for any alterations made to their network and shall not hold Syncd Technologies liable for any service interruptions or impairments caused by such changes or by LAN/WAN network quality issues (as described herein) outside of Syncd Technologies’s control.
- It is the customer’s sole responsibility to provide Business Class Broadband Internet access and manage the relationship with Broadband vendor.
- Engage Internet Service provider for support in the event of a service outage and/or voice quality degradation or at the request of Syncd Technologies.
- Syncd Technologies assumes no responsibility or accountability for Customer broadband access, its supplier relationship and relative performance.
- Syncd Technologies technical personnel are responsible for deliverables listed above, and not for customer responsibilities. In the event customer fails to meet these responsibilities and requires Syncd Technologies’s involvement to do so, customer acknowledges that they will be billed Syncd Technologies’s standard Professional Services rate of $125/hr. Syncd Technologies technician(s) will not perform any work without a customer signed work order.
Terms and Conditions
Contract Term: 12 months
- Description of Services: Services means of one various data migration and configuration plans including ongoing support. Syncd Technologies may change its service offerings within 30 days of notice to customer but any such change will not materially degrade the services during the minimum contract duration indicated above or during this 30 days period whichever comes later. Hosting services and software is provided directly to the customer by ISP. The customer enters into a separate agreement with ISP to provide these services.
- Assumptions: Client agrees that it understands and can meet the assumptions listed in the attached contract or proposal. If the client fails to meet or understand these assumptions Syncd Technologies may discontinue services or work with the client to establish additional, separate, scopes of work to resolve any issues related to the assumptions.
- Syncd Technologies Support Obligations: Syncd Technologies will make reasonable efforts to respond and assist the customer with issues directly related to the services outlined in this contract including troubleshooting and account creation. Syncd Technologies is not responsible for resolving issues stemming from issues with the customer’s desktops, servers, internet connection, or other network infrastructure. Syncd Technologies is not responsible for any issues stemming from ISP’s hosting services.
- Payment to Syncd Technologies: Customer agrees to pay the amount due based on support services requested and number of licenses. Configuration changes may result in different support and licensing costs. Customer will be charged via credit/debit card monthly on the 1st of each month.
- Terms and Termination
- Mutual Termination for Material Breach: If either party is in breach of any material term of this agreement, the other party may terminate this agreement at the end of a 30‐day notice/cure period, where the breach has not been cured.
- Actions upon Termination for Material Breach
- Termination by Customer: Upon termination as provided above by customer, Syncd Technologies will refund to customer any prepaid fees covering the remainder of the term. This document governs only the relationship between customer and Syncd Technologies. All other relationships (such as that between customer and ISP) will be governed by agreements between those organizations.
- Termination by Syncd Technologies: Upon termination as provided above by Syncd Technologies, Syncd Technologies may suspend or terminate the service to the customer and the customer must immediately pay any unpaid fees owed through the date of termination. This document governs only the relationship between customer and Syncd Technologies. All other relationships (such as that between customer and ISP) will be governed by agreements between those organizations.
- Mutual Termination for Insolvency, etc: Either party may terminate this agreement immediately
- The other party becomes insolvent, is unable to pay its debts as they come due, makes an assignment for the benefit of its creditors or has a receiver appointed; or ii. The other part begins to dissolve under applicable law statutes
- DISCLAIMER OF WARRANTY: SYNCD TECHNOLOGIES MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SERVICES OR SOFTWARE THAT SYNCD TECHNOLOGIES MAY PROVIDE. ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‐INFRINGEMENT ARE DISCLAIMED.
- LIMITATION OF LIABILITY AND DISCLAIMER OF DAMAGES
- THERE MAY BE SITUATIONS IN WHICH AS A RESULT OF MATERIAL BREACH OR OTHER LIABILITY,
CUSTOMER IS ENTITLED TO MAKE A CLAIM FOR DAMAGES AGAINST SYNCD TECHNOLOGIES. IN EACH
SITUATION (REGARDLESS OF THE FORM OF THE LEGAL ACTION (E.G. CONTRACT OR TORT
CLAIMS), SYNCD TECHNOLOGIES IS NOT RESPONSIBLE BEYOND:
- THE AMOUNT OF ANY DIRECT DAMAGES UP TO THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES IN THE LAST 12 MONTHS.
- IN NO CIRCUMSTANCES IS SYNCD TECHNOLOGIES RESPONSIBLE FOR ANY REASON (EVEN IF IT
OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS):
i. LOSS OF, OR DAMAGE TO DATA;
- LOSS PROFITS, LOST BUSINESS OR AMOUNTS INCURRED TO RESOLVE ISSUES STEMMING FROM SERVICES PROVIDED (INCLUDING CLIENT RESOURCES, THIRD‐PARTY CONSULTING, HARDWARE, OR SOFTWARE);
- OTHER SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, (INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH THE INABILITY TO USE THE SERVICE).
- THERE MAY BE SITUATIONS IN WHICH AS A RESULT OF MATERIAL BREACH OR OTHER LIABILITY, CUSTOMER IS ENTITLED TO MAKE A CLAIM FOR DAMAGES AGAINST SYNCD TECHNOLOGIES. IN EACH SITUATION (REGARDLESS OF THE FORM OF THE LEGAL ACTION (E.G. CONTRACT OR TORT CLAIMS), SYNCD TECHNOLOGIES IS NOT RESPONSIBLE BEYOND:
- OTHER GENERAL TERMS
- Governing Law and Exclusive Jurisdiction: This agreement is governed by substantive laws of the Commonwealth of Texas, without regard to conflicts of law principles. Any suit or legal proceeding may only be brought in the federal or state courts of Texas, and client submits to the personal jurisdiction and venue in that state.
- Export Compliance: Each party must comply with the export laws and regulations of the United States in providing and using the Service.
- Entire Agreement and Changes: This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. All changes to this agreement must be in a signed writing of the parties.
- Waivers in Writing: No modification or waiver of any term of this agreement is effective unless the parties sign it.
- Assignment Only with Consent: Customer may not assign or transfer this agreement, whether by merger or otherwise, except with the prior written consent of Syncd Technologies.
- Enforceability: If any term of this agreement is invalid or unenforceable, the other terms remain in effect.
- Survival of Terms: Any terms that by their nature survive termination or expiration of this agreement, will survive.
- Force Majeure: Neither party is liable to the other for any delay during a force majeure event.
- OTHER CONTRACTS WITH SYNCD TECHNOLOGIES: THE TERMS OF THIS AGREEMENT TAKE PRECEDENT OVER ANY OTHER CONTRACT BETWEEN CLIENT AND SYNCD TECHNOLOGIES (REGARDLESS OF SPECIFIC OR IMPLIED CLAIMS RELATED TO DATA MIGRATION, CONFIGURATION, SUPPORT, AND HOSTING SERVICES IN SAID CONTRACT).
Scope and Services Agreement
This contract is valid for a period of thirty days. Signing of this contract indicates the configuration information within this document is correct. Please e-sign and return the document to Syncd Technologies.
Upon acceptance of this contract, Syncd Technologies and Customer agree to mutually establish a start date with the payment terms agreed to herein.
The effective date of services under this contract shall be on a mutually establish a start date when Syncd Technologies has fully implemented VOIP services consistent with the terms of the contract.
This contract is entered into between Customer and Syncd Technologies on behalf of itself. Syncd Technologies shall be responsible for satisfactory provision of services under this contract.
Syncd Technologies Representative
02/24/2022 (electronically signed)
Westside Business Association Representative
Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it.
Signed by Liz Cantu on Thu Mar 03 2022 09:16:52 GMT-0600 (Central Standard Time)
IP Address: 188.8.131.52