This SERVICE DESCRIPTION FOR LUNAVOICE BUSINESS VOIP SERVICES (“Service Description”) is a part of, is subject to, and is governed by the LunaTech Terms of Service specified on a LunaTech Service Order signed by Customer.
We further agree as follows:
LunaTech will deliver the Voice over Internet Protocol (“VoIP”) and associated telephony services specified and selected by you on the Service Order (the “Services”). Important distinctions exist between POTS or “Plain Old Telephone Service” (also known as “landline”) and the enhanced Service offering provided by LunaTech. The Services may be subject to different regulatory treatment than POTS. This treatment may limit or otherwise affect Customer’s rights of redress before regulatory agencies. Network cabling, conduit, electrical, rack space, and any other required construction or trenching are additional charges and not included with the Service.
a. Emergency Calls.
i. Emergency Calling Service. When you dial 911, your call is routed from the LunaTech network to the Public Safety Answering Point (PSAP) or local emergency service personnel using the address that you provided to us. You acknowledge and understand that when you dial 911 from LunaTech devices or LunaTech-provisioned devices, your call will be routed to the general or administrative telephone number for the PSAP or local emergency service provider, and will not necessarily be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
ii. Service Interruptions. Emergency Calling Service dialing does not function without power and an active Internet connection. Should there be an interruption in the power supply, the Service and Emergency Calling Service dialing will not function until power is restored. A power failure or disruption may require you to reset or reconfigure affected equipment before using the Service or Emergency Calling Service dialing. In addition, if there is a Service outage for ANY reason – including suspension of your account as a result of billing issues – such outage will prevent ALL Service, including Emergency Calling Service dialing.
iii. Contact Information. The address you provided to LunaTech is the address that is applied to your Service for Emergency Calling Service dialing. Should you need to change this address, you must contact us immediately. It may take up to three business days to effectuate a change of address or update of an address. Failure to provide the current and correct physical address and location of Equipment will result in any Emergency Calling Service communication you may make being routed to the wrong local emergency service provider. In addition, it may not possible to transmit identification of your phone number or the address that you have listed to the PSAP and local emergency personnel for your area when you uses Emergency Calling Service dialing. You may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have all of this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this agreement.
iv. Phone Number and Location Changes. If you change your primary phone number, you will not be able to change your Emergency Calling Service address for seventy-two (72) hours. During that time, any Emergency Calling Service calls that you may make will be routed using the address that was in LunaTech's records before you changed your phone number. Emergency Calling Service dialing does not function properly or may not function at all if you take Equipment with you away from the address or physical location that you have designated.
b. Business Use of Service and Equipment. You shall not resell or transfer the Services or Equipment to any other person or entity for any purpose without LunaTech’s express, written permission.
c. International Services.
i. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the Services. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies.
ii. Foreign Carrier Acts or Omissions.
d. Collect Call and Operator Services.
We do not offer collect call or operator services via this Service.
e. Additional Restrictions.
i. You shall not use any LunaTech VoIP service: (1) for any unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audiotext services; or (3) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision.
ii. We may (1) deny, for any lawful reason, your request for Service, or (2) limit or allocate the facilities available to or used by any Service, if necessary, to manage our network in an efficient manner; to meet reasonable service expectations; to furnish service to existing and future customers based on forecasted customer requirements; or for any other lawful reason.
iii. We may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges ("NXX exchanges"), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever we deem it necessary to take such action to prevent (1) the unlawful use of Services; (2) nonpayment for Services; (3) the use of the Services in violation of this agreement; or (4) network blockage or the degradation of service furnished to you or to other LunaTech customers.
a. Network Availability.
Network availability is the average percent of total time that the Service is operative when measured in a one-month (720 hour) period. The Service is considered inoperative when there has been a loss of signal or when two consecutive 15 second loop-back tests confirm the observation of a bit error rate equal to or worse than 1 x 10-6. Network availability of the Service will be 99.999%.
b. Service Level Objectives.
Although Outage Credits are provided as set forth below, our objective is to provide VoIP services that meet the Service Level Objective defined in this Section 3. However, except as specifically set forth in this Section 3, we will have no liability for any failure to achieve this objective.
c. Mean Time to Restore (“MTTR”).
MTTR objective is the average time required to restore the Service and resume availability when measured in a one-month (720 hour) period. The time is measured from the moment an outage is reported until the latter of (i) restoration of the first fiber on a cable cut or (ii) equipment is repaired and the Service is available. Through our designees, we have an objective of repairing network equipment within an average of two (2) hours and restoring a fiber or cable cut within an average of four (4) hours. Through our designees, our objective is to coordinate repair efforts on equipment or cable cuts with underlying carriers when we first become aware of the problem, or when you first notify us release all or part of the Service for testing.
d. Outage Credits.
The Outage Credit defined herein is your sole and exclusive remedy for any failure, interruption or degradation of the Service. You acknowledge the possibility of an unscheduled, continuous and/or interrupted period of time during which the Service may not conform to the Service Level Objective defined above an (“Outage”). In the event of an Outage, you will be entitled to a credit (“Outage Credit”), applied to your next monthly invoice, upon request.
When Service does not conform to the Service Level Objective, the amount of the Outage Credit will be set forth in the Table below and is credited in a percentage of the MRC for the affected Hosted Network Service.
|Length of Outage||Amount of Credit (in days)|
|30 seconds – 30 minutes||1|
|31 minutes – 59 minutes||3|
|1 hour – 1 hour 59 minutes||5|
|2 hours – 3 hours 59 minutes||7|
|4 hours – 7 hours 59 minutes||14|
|8 hours – 13 hours 59 minutes||20|
|24 hours or more||30|
Service disruptions or outages will be accumulated over the course of a billing period and will be subject to the maximum credit shown above. The number of minutes of separate and discrete Outages will be cumulated to determine the percentage of credit. In no event shall our total liability for all Outages exceed one hundred percent (100%) of the recurring monthly Service Fee.
You will not receive an Outage Credit if an Outage is: (i) caused by you or by others authorized by you to use the Service; (ii) due to the failure of power, facilities, equipment, systems or connections not provided by LunaTech or its designees; (iii) the result of network maintenance activity; or (iv) due to a force majeure.
f. Planned Network Maintenance Period (“PNMP”).
Our designees will avoid performing network maintenance between 5:00AM to 10:00PM Local Market Time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of the Service. However, the preceding sentence does not apply to restoration of continuity to a severed or partially severed fiber optic cable, restoration of dysfunctional power and ancillary support equipment, or correction of any potential or other emergency conditions. We will use commercially reasonable efforts to notify you prior to emergency maintenance. We also will use commercially reasonable efforts to provide you with electronic mail, telephone, facsimile, or written notice of all non-emergency, planned network maintenance three (3) business days prior to performing maintenance (non-emergency) that, in our or our designee’s reasonable opinion, has a substantial likelihood of affecting Service performance. If any planned activity is canceled or delayed, we will promptly notify you. PNMP will not exceed 10 hours monthly.
g. Emergency Maintenance Period (“EMP”).
It may be necessary for us or our designees to issue an EMP. EMPs allow us to schedule required maintenance with a shorter notification interval than PNMPs. EMPs are issued when maintenance is required immediately, e.g., to prevent further or repeated interruptions on the Service network.
We warrant that the Service shall conform to this Service Description. We will use commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Service and to restore the Service.
THE REMEDY(IES) AS SET FORTH IN THIS SECTION 3 ARE YOUR SOLE AND EXCLUSIVE REMEDY(IES) IN THE EVENT OF ANY FAILURE, INTERRUPTION OR DEGRADATION OF SERVICE INCLUDING AN OUTAGE AND/OR FOR BREACH OF THIS WARRANTY.
In addition to your indemnification obligations in the LunaTech Terms of Service, you shall defend, indemnify, and hold harmless LunaTech, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this agreement, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, you or any third party or user of the Service relating to the absence, failure or outage of the Service, including Emergency Calling Service dialing and/or inability of you or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel.
a. Service Fees.
You shall pay all Service Fees applicable to the Service as specified in the LunaTech Terms of Service.
b. Metered Services Fees.
Directory Assistance calls are billed at $ 0.99 per call. Conference Bridges are billed $.03 per user, per minute. International Calls are billed at the current retail rate of the time of the call (typically $0.01-0.03 per minute though are subject to fluctuation) and include Alaska, Hawaii, Mexico, Cuba, Guam, Dominican Republic, and the Caribbean Islands.
b. Timing of Calls.
Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom LunaTech must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge LunaTech for a completed call. In these situations, we will charge for the call as if it were answered by the called party.
Upon termination of this agreement, we will, when possible, release any telephone number that was ported to LunaTech by you and used in connection with the Service provisioned by LunaTech to your new service provider, if such new service provider is able to accept such number, provided (i) this agreement has been properly terminated according to its terms; (ii) your account is completely current including payment for all charges and applicable disconnect fees; and (iii) you request the transfer upon termination of this agreement. If you terminate this agreement within ninety days of the Service Start Date, you will incur additional fees in connection with such release of any telephone numbers.