*Also Referred to as the "8x8 Virtual Office and Virtual Contact Center Service Terms"
Note To This Version For 8x8, Inc. customers whose subscription to 8x8, Inc. services is subject to a previous version of terms and conditions for 8x8 UCaaS and/or CCaaS services (such as the “8x8, Inc. Business Terms and Conditions” that became effective as of January 1, 2017), such previous version of terms and conditions will continue to apply to the customer’s subscription through the end of the initial or renewal term of such customer’s contract that is in effect as of January 1, 2019. Starting with the immediately subsequent renewal term (if any) of such contract, however:
(a) the below 8x8 UCaaS/CCaaS Service Terms shall supersede and replace such previous version of terms and conditions and apply to such customer’s contract, except that where such customer subscribed to 8x8 services via a Service Agreement with 8x8, Inc., the terms and conditions set forth at https://www.8x8.com/sa-terms/service-terms shall supersede and replace such previous version of terms and conditions and apply to such customer’s contract;
(b) where the customer has ordered any services (such as X8 or X8e in 8x8 Editions, or X5 or X8 in 8x8 X Series) that bundle elements of 8x8 ContactNow with elements of 8x8 UCaaS and/or CCaaS services, the Supplemental Bundled 8x8 ContactNow Service Terms set forth at https://www.8x8.com/order-terms/supp-CN-terms shall also apply to such customer’s contract; and
(c) where the customer has ordered services for one or more locations within the United Kingdom or Europe, the terms and conditions set forth at https://www.8x8.com/order-terms/europe-supplement shall also apply to such customer’s contract.
Notwithstanding the foregoing, to the extent that 8x8, Inc. and the customer have entered into a Service Agreement or written amendment document that reflects negotiated changes to the prior version of terms and conditions, those changes will continue to apply to the customer’s subscription and shall be deemed to amend the applicable version of the service terms as necessary and appropriate to accomplish the desired effect of such changes (as intended by the parties), notwithstanding any conflict.
For 8x8, Inc. customers looking for prior versions of terms and conditions that apply to 8x8 UCaaS and/or CCaaS services, please see the list of such previous versions set forth at https://www.8x8.com/terms-and-conditions.
Last Updated: December 2, 2020
1. AGREEMENT AND CONFLICT
THESE TERMS SHOULD BE READ CAREFULLY, AS THEY AFFECT THE PARTIES’ LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING 8x8’S LIABILITY UNDER THE AGREEMENT AND REQUIRING ARBITRATION OF CERTAIN DISPUTES.
On the first occasion that the legal entity in whose name 8x8 agrees to provide Services (“Customer”) performs any of the following acts, such entity thereby enters into a legally-binding contract with 8x8, Inc. (or the other entity specified in Customer’s initial Order, if applicable) (“8x8”), a Delaware corporation, that applies to and governs all sale, provision, acquisition, and/or u