SUPPLEMENT A–UK & EUROPEAN UNION

This Supplement A is an attachment to, and part of the Regional Supplements Attachment 4 to the 8x8 Business Terms and Conditions (the “Terms”).  Capitalised terms used and not defined in this Supplement A shall have the meanings assigned to them in the Terms.

The provisions in this Supplement A apply to Services provided to Customer Locations in the United Kingdom and within the European Unionas listed in the table at 1.1 below.

The main body of this Supplement A should be read together with the Annexes, which set out country-specific terms that are supplemental to the terms set out in the main body of this Supplement A.

The country-specific terms in the Annexes shall:

  • apply only to the part of the Services that are provided to a Customer Location in the relevant country and only to the extent required by local Law;
  • Shall not affect the parties’ rights and obligations under the Customer Agreement in so far as these rights and obligations relate to any other Services or to any other part of the Services (including, without limitation, to any Services provided to Customer Locations in other countries).

If there is any conflict or inconsistency between any term in the main body of this Supplement A and a term in the relevant section in the Annexes, the latter shall take precedence.

  1. CALLS TO/FROM EMERGENCY SERVICES: SERVICE, QUALITY LIMITATION & CALLER LOCATION INFORMATION.

1.1. The common emergency access number in the European Union is 112 and the national emergency access numbers (together, the “Emergency Numbers,” each separately an “Emergency Number”) are as follows:

Country

Emergency access number(s)

United Kingdom, Ireland

999, 112

Austria, Spain, Denmark, Finland, Sweden, the Netherlands

112

Belgium

100, 101, 102, 103, 104, 106, 107, 108, 110 and 112

Germany

110, 112

Italy

112, 113, 115, 118

Poland

997 (Police), 998 (State Fire Service), 999 (emergency medical services) and 112 (single European emergency call number)

France

112 Numéro d’urgence paneuropéen (European single emergency number), 15 Urgence médicale – Samu (emergency medical assistance service),17 Police secours (police), 18 Pompiers (fire brigade), 115 Samu social (emergency shelter for the homeless), 119 Enfance maltraitée (childhood protection hotline),116000 Enfants disparus (missing child hotline),114 Numéro d’urgence pour personnes déficientes auditives (emergency hotline for deaf people),191 Urgence aéronautique – CCS (aviation emergencies),196 Urgence maritime – CROSS (coastguard, emergencies at sea), 197 Alerte attentat – Alerte enlèvement (terror/kidnapping hotline), 116117Permanence des soins ambulatoires (out-of-hours available doctors)

 

Emergency Numbers can be accessed, free of charge,if the Service is fully operational and if accessed from within the relevant country. There is no registration process to establish Emergency Number dialling. However, You understand and acknowledge that there may be some limitations as set out in the following paragraphs.

1.2. If You use the Service outside the country where that part of the Service has been expressly provisioned by 8x8 to be used (Your “Service Location”)You will not be able to call the Emergency Numbers in such Service Location, or such calls may be routed to an incorrect answering point. 

1.3. If there is a Service outage for any reason, such outage may prevent access to Emergency Number dialling, such as, but not limited to, electrical outages and broadband service outages.

1.4.      You must register with 8x8 Your primary physical location where the Service will be used.  Your location will be registered as part of subscribing to the Service.It is Your responsibility to maintain the accuracy of Your location address if there are any changes. If You do not update 8x8 with changes to the location of where the Service is being provided, it may or may not be possible for emergency operators and authorities to identify Your location and phone number when You dial an Emergency Number. Location information of Your primary office as notified to 8x8 will only be provided to emergency services; extension information may not be provided to emergency services.

1.5.         When You dial an Emergency Number You will need to state Your location and phone number promptly and clearly, as emergency operators and authorities may not have this information.  The emergency operator may ask for specific information to correctly transfer Your call to a local emergency services department such as police, fire brigade, rescue, coastguard, etc.

1.6.         Emergency operators and authorities may or may not be able to identify Your phone number in order to call You back if the call is unable to be completed, is dropped or disconnected, or if You are unable to speak to tell them Your phone number and/or if the Service is not operational for any reason. Emergency operators and authorities may also not be able to hold Your line open in the event You hang up.

1.7.         You agree to inform users of the Service of the above limitations and You understand and accept that You should always have an alternative means of accessing emergency services than through 8x8’s Service.

1.8          For clarity, the VCC Service is an ‘over-the-top’ call-routing software solution that is integrated with, and is dependent upon, the Customer’s underlying telephony system (whether separately provided by 8x8 or a Third-Party telephony provider). As such, calls to emergency services cannot be made within the VCC application and the Customer needs to ensure that calls to the emergency services are secured through the Customer’s underlying telephony provider.

 

1.9          Quality Limitations: IP-based communications (whether voice, fax, text or otherwise) have inherent limitations relative to traditional, analog communication methods.  While 8x8’s Services have been engineered to address and manage these limitations, 8x8 cannot guarantee that all communications transmitted to or from the 8x8 Platform (including voice, facsimile and text messages) will be delivered without loss of data or at all.  You acknowledge and understand that call quality depends not only on the specification and availability of the Broadband service to which You are connected but also on the telecommunications network to which the other parties are connected.

  1. NUMBER USAGE AND PORTING.

2.1.         This Section 2 shall only apply where You are provided with a telephone number (including a code) as part of the Service. 8x8 shall support number portability under applicable Law, but You understand that number portability may be unavailable with the Service in certain circumstances (such as no porting agreement between carriers). As such, if You move Your Service to or from 8x8 or to or from another provider You may not be able to keep Your telephone number.Where number portability is available with the Service, 8x8 will take reasonable steps to ensure that the transfer of Your number and subsequent activation is completed within one business day, provided all necessary activation processes and validations have been completed, the network connection is ready for Your use and (where You wish to port Your telephone number to 8x8) Your donor provider has received a request to activate the transfer of Your number from us and agreed a transfer date (the “Porting Activation Requirements“). Where the Customer wishes to port its number(s) from another provider (the “donor provider”) to 8x8, Customer authorises 8x8 to have the number(s) from the other provider’s lines listed in the Order Form routed by 8x8 instead of the other provider and to forward appropriate details of Customer’s porting application for the Service to 8x8. You will receive advance notification of the change of service from the other operator to 8x8. 8x8’s ability to provide the Service is subject to the donor provider porting the numbers.

2.2.         For the avoidance of doubt and in accordance with applicable Law, the one business day time period does not commence from the date You submit a number transfer request. Unless provided otherwise under applicable Law, the one business day time period commences from the agreed date of port and once an agreement to port has been concluded between 8x8 and (where You wish to port Your telephone number to 8x8) Your donor provider following completion of all the Porting Activation Requirements. Following completion of the Porting Activation Requirements, 8x8 will send a notification informing You of the date when Your number will be transferred. If having notified You of the date when Your number will be transferred there is a subsequent delay in the Porting Activation Requirements, 8x8 will notify You of the new date when Your number will be transferred.

2.3.         Subject to section 2.4 below, if the number transfer has not completed within one business day after the confirmed transfer date, You are entitled to claim compensation from the second business day after the confirmed transfer date up until the number transfer completion date. Any compensation awarded shall be in full and final settlement of any claim You may have against 8x8 (now or in the future) in respect of the delay. Compensation is calculated by multiplying your monthly Subscription Service charge relevant to such number by 12, dividing by 365 and multiplying by the number of days delayed until porting is complete. Payment of any compensation shall be by credit against your next invoice.

2.4.         Unless provided otherwise under applicable Law, any change to the date of Your number transfer due to the Porting Activation Requirements not being completed shall not constitute a delay or abuse in porting and shall not give rise to a claim for compensation.

2.5.         In the case of analogue lines being utilised for facsimile machines, the standard service is not compatible, and an alternative e-fax service will be offered for numbers that are required to be ported to 8x8. This may result in loss of fax service for a period of up to 15 days.

2.6.         Where You are provided with a telephone number (including a code) as part of the Service, then that code and number does not belong to Youand You may not be able to keep that number or sell, dispose or transfer that number at any time. 8x8 will use its best efforts to ensure that You are able to keep the number during the term of the Customer Agreement, but 8x8 reserves the right to change the number on reasonable notice if 8x8 determines in good faith that the change is required by or advisable under applicable Law or is instructed by the relevant regulator.

2.7.         Subject to any specific requirements in the Annexes, You acknowledge that 8x8 may provide details of the numbers issued to You and/or end users by 8x8 to organisations that wish to compile directories or directory enquiry services, and You consent to such disclosure.

2.8.         We may charge an administration fee per number portedor attempted to be ported if and to the extent permitted by applicable Law, and such fee shall be set out in the Service Order.

 

  1. DATA PROTECTION.

3.1.         When processing Personal Data under or in connection with this Agreement, 8x8 will do so:

  • for the purposes and in the manner as described in 8x8’s Privacy Policy; and
  • in accordance with applicable Data Protection Legislation,the terms of the Customer Agreement and with 8x8’s Privacy Policy. To the extent there is any inconsistency between the Privacy Policy and the terms of the Customer Agreement, including the terms of this Section, the terms of the Customer Agreement shall take precedence over such inconsistency.

3.2.         If, in providing the Services, 8x8 is required to process Customer Personal Data on Your behalf (whereby You will be the data controller and 8x8 shall be the data processor), then:

  • 8x8 shall only process the Customer Personal Data upon Your lawful instructions, including any documented instructions, which are reasonably given from time to time, and 8x8 will not use the Customer Personal Data for any other purpose other than to provide the Services.
  • You hereby:
    1. Instruct 8x8 to take such steps in the processing of Customer Personal Data as are reasonably necessary for the provision of the Services; and
    2. Authorise 8x8 to provide to any sub-processors instructions that are equivalent to the instructions set out in Sub-Section 3.2.(ii)a;
  • 8x8 shalltake appropriate technical and organisational measures against unlawful and unauthorised processing of the Customer Personal Data and against accidental loss, destruction of and damage to the Customer Personal Data, alteration or disclosure of the Customer Personal Data to any third party;
  • 8x8 shalltake reasonable steps to ensure the reliability of all of its personnel (whether employees or contractors) that may have access to the Customer Personal Data and to ensure that they are adequately trained in the good handling of Customer Personal Data and that they are bound by express confidentiality undertakings.

3.3.         In its capacity as data processor, You agree and authorise 8x8 to engage the services of Affiliates or other third-party service providers as sub-processors for parts of its processing of Customer Personal Data,provided however that such sub-processors assume, by contract,confidentiality and data protection obligations that are no less onerous than the confidentiality and data protection obligations that are imposed on 8x8 as a data processor, and 8x8 shall ensure that such sub-processors comply with those obligations.

3.4.         You agree that 8x8 may transfer Customer Personal Data to its Affiliatesto store and process, either themselves or through their appointed third-party sub-processors, Customer Personal Data on servers located in the United States or in any other jurisdictions outside of the European Economic Area (“EEA”). This information may be subject to the laws of the countries in which it is stored or used, and those countries may have a different data protection regime than the country in which you reside and this may mean that your personal data is not afforded the same level of security protection as it would under European data protection law. Customer specifically and expressly consents to such transfers upon acceptance of the Customer Agreement.

3.5.         You agree that 8x8 and its third-party service providers that 8x8 utilise to assist in providing the Services to Customer, including its Affiliates and their appointed third-party sub-processors, have the right to access Your account and to use, modify, reproduce, distribute, display and disclose Customer Data, including any Customer Personal Data, to the extent necessary to assist in providing the Services; such as, without limitation, in response to Customer support requests. Any third-party service providers 8x8 utilise will only be given access to Customer’s account and Customer Data as is reasonably necessary, in 8x8’s discretion, to provide the Service.

3.6.         8x8 shall promptly notify You if we receive a request from a data subject exercising any right it may have under applicable Data Protection Legislation to obtain access to its Personal Data or to file a complaint or request relating to Customer’s obligations under applicable Data Protection Legislation; or any other communication relating directly to the processing of any Customer Personal Data in connection with the Customer Agreement. 8x8 will provide You with reasonable co-operation and assistance in relation to any complaint or request made in respect of any Customer Personal Data processed by 8x8 on Your behalf, including by providing You with details of the complaint or request, complying with any data subject access, rectification or deletion requests (within the relevant timescales set out in applicable Data Protection Legislation) and providing You with any Customer Personal Data we hold in relation to a person making a complaint or request (again, within a reasonable timescale).

3.7.         8x8 shall use commercially reasonable efforts to notify You without undue delay after becoming aware of a Personal Data Breach affecting any Customer Personal Data that 8x8 processes on Your behalf.

3.8.         Upon Your reasonable request and at Your costs and expenses, to assist You meeting Your obligations under the applicable Data Protection Legislation 8x8 shall provide You with any reasonable information to demonstrate compliance by 8x8 and its sub-processors with their obligations under applicable Data Protection Legislation in respect of 8x8’s processing of Customer Personal Data.  Such information may include the results of any internal audits conducted by or on behalf of 8x8. 8x8 shall also take any steps we deem reasonable, as You may reasonably request, to assist You complying with Your obligations under the relevant Data Protection Legislation.

3.9.         8x8 will delete all Customer Personal Data upon the later of:

(i)            within a reasonable period of closure of Your account, or upon 8x8’s reasonable determination that the information is no longer necessary for the purposes for which such Customer Personal Data was collected or retained, in 8x8’s sole discretion; or

(ii)           (if and to the extent 8x8 is required by applicable Law to retain any Customer Personal Data) upon expiration of the period during which 8x8 is required by applicable Law to retain Customer Personal Data.

You acknowledge that 8x8 may archive Customer Data and Personal Data rather than delete such data while You remain a customer of 8x8 or an 8x8 Affiliate. 

3.10.      You acknowledge that 8x8relies on You for direction as to the extent to which we are entitled to use and process the Customer Personal DataYou provide us with. Consequently, we will only be liable for any claim brought by a data subject arising from:

  • Any failure by us to comply with any obligation that applies to 8x8 under applicable Data Protection Legislation; or
  • 8x8 having acted outside or contrary to lawful instructions provided by You or the relevant regulator to 8x8.

3.11.      You represent to 8x8 that You are in compliance with all applicable Data Protection Legislation, You have obtained all necessary rights and consents under applicable Law to disclose to 8x8, or allow 8x8 to collect, use, retain and disclose any Personal Data that You provide to 8x8, or authorise8x8 to collect, including information that we may collect directly from Customer end users via cookies or other means, and that 8x8 will not be in breach of any such Laws by collecting, receiving, using, transferring and disclosing such information in connection with the Service. As between Customer and 8x8, You is solely responsible for disclosing to Your end users that 8x8 is processing Personal Data for You and obtaining data from such customers. It is Customer’s obligation to provide to its Agents and other end users any fair processing information that must be provided to data subjects under applicable Data Protection Legislation, including the fact that such data may be transferred, processed and stored outside of the EEA and, as set forth in 8x8’s Privacy Policy, may be subject to disclosure as required by applicable Law.

3.12.      You agree to notify 8x8 of:

(i)            any limitations in Your privacy notice to data subjects;

(ii)           any changes in, or revocation of, consent by a data subject to use or disclose Personal Data; and

(iii)          any restrictions on the use of Personal Data to which You have agreed in accordance with any agreements between You and the data subjects; in each case, to the extent that such limitations, changes or restrictions may affect 8x8’s uses or disclosures of Customer Personal Data. 

3.13.      If You receive Personal Datathrough the use of the Service, You must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless You receive the express consent of the user to do so. You may not disclose any acquired Personal Datato any third party, other than in connection with processing of transactions or the provision of Services requested by end users of the Service.

3.14.      For purposes of this Section 3, the following terms will have the following meanings:

CustomerPersonal Data” means the proportion of Personal Data of which only You are the data controller and which 8x8 processes on Your behalf as a data processor when providing the Services to You under or in connection with the Customer Agreement.

Data Protection Legislation” means any Law relating to the processing, privacy, and use of Personal Data, as applicable to the Customer, 8x8 and/or the Services, including:

(a)           in member states of the European Union: EU Directive 95/46/EC (Data Protection Directive) or, once applicable, the EU General Data Protection Regulation (EU) 2016/679 (GDPR), and the EU Directive 2002/58/EC (ePrivacy Directive), and all relevant member state laws or regulations giving effect to or corresponding with any of them (such as the Data Protection Act 1998); and

(b)           any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant supervisory authority;

in each case, as in force and applicable, and as may be amended, supplemented or replaced from time to time.

Personal Data” has the meaning given to that term in Data Protection Legislation.

Personal Data Breach” means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data.

8x8’s Privacy Policy” means the 8x8 privacy policy which is available from https://www.8x8.com/uk/terms-and-conditions/privacy-policy as such policy may be amended, supplemented or replaced from time to time.

 

  1. HANDLING COMPLAINTS.

4.1.         Our aim is to be best in class at all times. However, wHHe recognise that things can go wrong and we have a complaints process in place to ensure we handle such situations appropriately and in a timely manner.

In this Section You will read how You can make a complaint to us, what to expect from us if You do and what You can do if the complaint is not handled to Your satisfaction.

Please contact us if You require this information to be sent to You in large format or Braille.

How to make a complaint

4.2.         Our Customer Services Department is there to handle all day-to-day service changes, fault repairs and billing queries. If You have an issue that falls outside of this, or if You have already contacted them and You do not feel You have received an appropriate level of support, You may make a complaint by any of the following means:

In writing to our head office at: Oxford House, Bell Business Park, Aylesbury, Buckinghamshire HP19 8JR – Attention: Customer Support.

By calling our main line number +44 (0)02070966060 and stating clearly that You wish to make a complaint.

By emailing to [email protected] and stating clearly that You wish to make a complaint.

It will help us to investigate Your complaint if You set out clearly the nature of the complaint and any relevant history, including ticket references where appropriate.

What to expect

4.3.         Our policy is to provide an initial response to complaints from the appropriate manager within one working day of receipt. Thereafter the manager involved will be in contact on a regular basis as agreed with You.

We aim to resolve all complaints to the satisfaction of our customers within two weeks.

How to escalate a complaint

4.4.         If You feel Your complaint is not being handled to Your satisfaction You can escalate the complaint to a senior manager. The methods for doing this are as for the initial complaint: in writing, by phone or by email stating that You wish Your complaint to be escalated to senior management level.

Alternative Dispute Resolution Scheme

4.5.         In many countries there is an ombudsman service scheme, i.e. an independent and impartial third party that resolves disputes between electronic communications providers and their customers. This third party will consider both sides of the complaint and arrive at a decision. We are bound by that decision, however You are always entitled to reject it and pursue other avenues.

The contact details of ombudsman service schemes for certain countriesare set out inthe Annexes.

  1. MISCELANEOUS.

5.1.         Customer Support Services: The relevant Support Plan describes the supportprovided to the Customer. Support Plan is defined in the Global Terms. In all cases, You can contact customer support on [email protected], or such other address as may be notified by 8x8 from time to time, for further details.

5.2.         Contract Duration: the Initial Term is set out in the Service Agreement or the applicable Service Orders, and further particularised at Clause 4 of the Global Terms.

5.3.         Nature of the Services Offered& Quality and Service Guarantees: The Services are as described in the relevant Documentation, including any SLA.

5.4.         Procedures to avoid filling/overfilling a network: 8x8 engages in capacity planning and its Services are designed to tolerate reasonable failures, but cannot be guaranteed. 8x8 Services are essentially ‘over-the-top’ and, as such, interact with third party Services for which are not under 8x8’s control.

5.5.         Action that might be taken in reaction to security or integrity incidents or threats and vulnerability:In addition to the security measures that 8x8 implement (including those summarised at https://www.8x8.com/why-8x8/security-and-compliance),should the Customer’s security be compromised, which affects our Service or any other customer, 8x8 may suspend the Customer’s Service in accordance with Clause 5 of the Global Terms.

 

 

 

 

 

ANNEXES TO SUPPLEMENT A

ANNEX A – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN THE UK

Complaints Handling Code of Practice for Small Business Users

Any complaints relating to Services provided to Customer Locations in the UK will be handled in accordance with 8x8’s Complaints Handling Code of Practice for Small Business Users (which complies with the Ofcom Approved Code of Practice for Complaints Handling).  8x8’s Complaints Handling Code of Practice for Small Business Users can be found at http://sims.8x8.com/Documents/711664_3_8x8_UK_Complaints_Procedure_-_2016.pdf.

Contact details for ombudsman service scheme in the UK

The contacts details for the ombudsman service scheme in the UK can be found at http://sims.8x8.com/Documents/711664_3_8x8_UK_Complaints_Procedure_-_2016.pdf.

Contract Duration

The Initial Term is set out in the Service Agreement or the applicable Service Orders, and further particularised at Clause 4 of the Global Terms. However, should You be a business or company for which 10 or less individuals work (whether as employees, volunteers or otherwise) following the expiry of the Initial Term, Your Customer Agreement shall continue on a rolling 30-day basis (whereby the relevant Month-To-Month Services fees will be applied, pursuant to the Global Terms) until written notice is served.

 

ANNEX B – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN AUSTRIA

 

[PENDING CONFIRMATIONFROM RTR]

 

Business Customers only

 

The Customer confirms it receives the Services in Austria as a business user, and the Customer Agreement represents a business-to-business contract.

 

Technical Requirements

 

8x8 confirms the Documentation referenced at Clause 2.2.3 of the Global Terms includes minimum technical requirements required to utilise the Services.

 

Invoices

 

Notwithstanding Clause 3.2 of the General Terms, Austrian Customers shall be entitled to receive paper invoices, free of charge.

 

Dispute Resolution Process andDispute service scheme

Austrian Customer disputes, including any billing disputes following the procedure set out at Clause 3.5 of the Global Terms, may follow the ADR process with the RTR pursuant to § 122 of the AustrianTelecommunications Act 2003.

 

Details for the dispute service scheme in Austria can be found at: https://www.rtr.at/en/tk/Konsumenten_Service/Information_on_the_conciliation_procedure_EN.pdf

 

Directories and directory assistance services

The Customer acknowledges and agrees that 8x8 may provide the following Customer Data to directory publishers and suppliers of directory assistance services (“public subscriber directories”):

  • the name and initial of the first name(s)
  • the full address;
  • the telephone number allocated by 8x8.

8x8 shall not provide these Customer Data to directory publishers and suppliers of directory assistance if You have indicated that You do not want these Customer Data to be included in the directories and/or directory assistance services.

You can choose at any time whether or not to be listed in the directories and and/or directory assistance services. If You do not indicate that You want Your 8x8 number(s) to be listed in the directories and the directory assistance services, Your 8x8 number(s) will be deemed to be unlisted.

 

ANNEX C- SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN BELGIUM

Change in Terms

8x8 may amend or make modifications to these Terms from time to time including price increases (each such modification a “Change of Terms”) due to unforeseen events as contemplated by Clause 3.7 of the Global Terms, by notifying the Customer in writing of any Change of Terms at least 30 days prior to such Change of Terms becoming effective.  BelgianCustomers shall have the right to terminate the Customer Agreement to the extent it applies to Customer Locations in Belgium without penaltyon written notice:

– (if the Change of Terms consists of an increase of the Service Fees or other charges) at the latest on the last day of the month following receipt of the first bill issued after such increase became effective; or

– (for other Changes of Terms) at the latest on the last day of the month following the date on which the Change of Terms became effective.

The notice of termination must be sent to [email protected], or such other address as notified by 8x8 from time to time.

Contract Duration

The Initial Term is set out in the Service Agreement or the applicable Service Orders, and further particularised at Clause 4 of the Global Terms. However, if You are a BelgianCustomer, who uses the Services at Customer Locations in Belgium and are a business or company that holds five or less telephone numbers (excluding numbers for M2M services) following the expiry of the Initial Term, Your Customer Agreement shall continue on a rolling 30-day basis (whereby the relevant Month-To-Month Services fees will be applied, pursuant to the Global Terms) until written notice is served.

Termination rights

Notwithstanding Clause 5.2, if You are a Belgian Customer that hold 5 or less telephone numbers in Belgium You are entitled to terminate the Customer Agreement in respect of Customer Locations in Belgium without the requirement to pay any early termination charges following the expiry of six months from the Commencement Date.

Directories and directory assistance services

You acknowledge and agree that 8x8 may provide the following Customer Data to directory publishers and suppliers of directory assistance services:

– the name and initial of the first name(s)

– the full address;

– the telephone number allocated by 8x8.

8x8 will not provide such Customer Data to directory publishers and suppliers of directory assistance if You have indicated that You do not want these Customer Data to be included in the directories and/or directory assistance services.

When ordering the relevant Service, You can choose whether or not to be listed in the directories and/or directory assistance services. If You do not indicate that You want Your 8x8 number(s) to be listed in the directories and the directory assistance services, Your 8x8 number(s) will be deemed to be unlisted.

Universal Telephone Directory/Directory Assistance

The Universal Telephone Directory and the DirectoryAssistance allow the Customer to:

– find a telephone number on the basis of a nameand address and/or

– find a name and address on the basis of atelephone number and/or

– find the telephone number, name and address of a self-employed persons or businesses on the basis of their professional activity.

The following Customer Data are included free of charge in the Universal Telephone Directory and the Directory Assistance:

– for natural persons: the name and initial of the first name(s)

– for legal persons: the official name

– the address of the connection

– the telephone number

You are at all times responsible for the accuracy of the Customer Data that You provide to 8x8.

Contact details for ombudsman service scheme in Belgium

The Office of the Ombudsman for telecommunications

Boulevard Roi Albert II 8 boîte 3, 1000 Brussels, Belgium

Tel.: 02 223 09 09

Fax.: 02 219 86 59

[email protected]

[email protected]

Online:

www.ombudsmantelecom.be

 

 

ANNEX D – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN DENMARK

 

Resolution of complaints

 

Further the Section 4.3 of this Supplement A, written decisions from 8x8 relating to any recorded usage or payment compliant raised by a Danish Customer shall be provide no later than three months after the date on which such complaint was made by the Customer.

 

Pricing information

 

All relevant and up to date pricing is available at www.8x8.com/uk. Accepted payment methods shall be set out in the Global Terms (unless otherwise agreed).

 

Directories and directory assistance services

The Customer acknowledges and agrees that 8x8 may provide the following Customer Data to directory publishers and suppliers of directory assistance services (“public subscriber directories”):

  • the name and initial of the first name(s)
  • the full address;
  • the telephone number allocated by 8x8.

8x8 shall not provide these Customer Data to directory publishers and suppliers of directory assistance if You have indicated that You do not want these Customer Data to be included in the directories and/or directory assistance services.

You can choose at any time whether or not to be listed in the directories and and/or directory assistance services. If You do not indicate that You want Your 8x8 number(s) to be listed in the directories and the directory assistance services, Your 8x8 number(s) will be deemed to be unlisted.

 

ANNEX E – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN FINLAND

 

Payment of disputed sums

 

Notwithstanding Clause 3.5 of the Global Terms, if any charges remain in dispute at the end of the prescribed 30-day period, any Finnish Customer shall not be required to pay the full amount within 10 days as prescribed, and shall only be required to pay once determined following the completion of any dispute resolution process.

 

Termination

Clause 5.1.3 of the Global Terms will not be applicable to any Finnish Customer receiving Services in Finland.

 

ANNEX F – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN FRANCE

 

Porting

 

In addition to Section 2 of this Supplement A (Porting), in accordance with, and within the limits of applicable regulations in France, upon subscription to an 8x8 Service with a telephone number You give 8x8 a mandate to undertake the necessary steps with Your previous provider and, where applicable, with any other person involved.

 

Data Protection

 

Without prejudice to the generality of Section 3 to this Supplement A, You acknowledge that, in order to provide the Service, 8x8 will process Your Personal Data in accordance with the applicable provisions of (i) the Information Technology, Data Files and Civil Liberties Act No 78-17 dated 6 January 1978, (ii) the French Post and Electronic Communications Code (“Code des postes et communications électroniques“, (iii) the decisions and recommendations of the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” – “CNIL”) and (iv) any other existing or future law or regulation relevant to the Processing of Your Personal Data.

 

You acknowledge that 8x8 may transfer Your Personal Data to a French judicial authority upon the request of an administrative or judicial authority within the course of their judicial investigations.

 

In accordance with the Information Technology, Data Files and Civil Liberties Act No 78-17 dated 6 January 1978, You have a right of access to, and a right of rectification of Your Personal Data processed by 8x8. In order to exercise this right You can contact 8x8 at the postal address, email address or telephone number as stated at Section 4.3 of this Supplement A above.

 

Termination

Clause 5.1.3 of the Global Terms will not be applicable to any French Customer receiving Services in France.

 

ANNEX G – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN GERMANY

Directories and directory assistance services

The Customer acknowledges and agrees that 8x8 may provide the following Customer Data to directory publishers and suppliers of directory assistance services:

– the name and initial of the first name(s)

– the full address;

– the telephone number allocated by 8x8.

8x8 will not provide these Customer Data to directory publishers and suppliers of directory assistance if You have indicated that You do not want these Customer Data to be included in the directories and/or directory assistance services.

You can choose at any time whether or not to be listed in the directories and and/or directory assistance services. If You do not indicate that You want Your 8x8 number(s) to be listed in the directories and the directory assistance services, Your 8x8 number(s) will be deemed to be unlisted.

Blocking outgoing calls to specific numbers

Customer shall be entitled, free of charge, to request from 8x8 to block the calling of specific number ranges as far as this is technically possible. Unblocking of previously blocked number ranges can be subject to a charge.

Blocking the use of premium services

Customer shall be entitled, free of charge, to request from 8x8 to block the use of premium services and the related identification of a mobile connection for the purpose of billing premium services.

Dispute service scheme

Contact details for the dispute service scheme in Germany can be found at https://www.bundesnetzagentur.de/DE/Sachgebiete/Telekommunikation/Verbraucher/Streitbeilegung/streitbeilegung-node.html.

Liability cap

Where: (i) telecommunication Services are provided to Customer Locations in Germany, (ii) the Customer is domiciled in Germany, and (iii) other than where the parties have separately negotiated Clause 15.2, in accordance with § 44a of the German Telecommunications Act (hereinafter referred to as “TKG”) the maximum liability concerning financial loss of 8x8 and its Affiliates under the Customer Agreement, or arising out of the Services provided thereunder, to any German-domiciled customer, including the Customer, shall in no case exceed the total amount of 12.500 EUR per customer.

Furthermore, the maximum liability concerning financial loss in total available to all German-domiciled customers (in aggregate) shall – without prejudice to the preceding cap – not exceed the amount of 10 Million EUR if the liabilityis based on a uniform act or an uniform incident and exists towards several customers. Cuts are made in accordance with § 44a sentence 3 TKG.

The liability caps as set out in paragraphs. 1 and 2 above shall not apply to claims for compensation that resulted from a delayed payment of compensations nor as far as the liability is based on intent.

Burden of proof regarding billing complaints

Within eight weeks from the date of invoice receipt, 8x8 shall bear the burden of proof concerning the accurate billing of telecommunication Services. If Customer raises a complaintabout an invoice within this time period and 8x8 cannot demonstratethat the disputed bill is correct, 8x8 shall have the right to demand the amount which is equivalent to the average amount of the previous six billing periods. The aforementioned sentence does not apply if the Customer can prove that its Service usage in the contested billing period was lower than the average period. The period the average calculation is based on shall be reduced to the existing billing periods passed if the actual contractual period is shorter than six billing periods.

After the expiry of the eight week period as set out in the first sentence of the above paragraph, the Customer shall bear the burden of proof with respect to any disputed invoice concerning telecommunication Services.

 

ANNEX H – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN IRELAND

 

Change in Terms

8x8 may amend or make modifications to the Terms from time to time (each such modification a “Change of Terms”). 8x8 shall notify the Customer in writing or, at the Customer’s request by sending email notice to the e-mail address indicated by the Customer, of any Change of Terms at least 30 days prior to such Change of Terms becoming effective.  Irish Customers shall have the right to terminate the Customer Agreement to the extent it applies to Customer Locations in Ireland if they do not agree to any Change of Terms by sending termination notice to [email protected], or such other address as notified by 8x8 from time to time without penalty.

 

Contact details for the national regulatory authority for the telecommunications services in Ireland.

The Commission for Communications Regulation (CommReg) is the national regulatory authority for telecommunication services in Ireland, and its address is:

 

Commission for Communications Regulation, 
1 Dockland Central, Guild Street,
Dublin 1, D01 E4X0

 

Contact details for the CommReg dispute service scheme in Ireland can be found at https://www.comreg.ie/queries-complaints/phone/

 

 

ANNEX I – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN ITALY

 

Number porting

 

In addition to the provisions of Section 1.3 of this Supplement A, pursuant to Resolution no. 11/06/CIR, issued by the Authority for the guarantees in telecommunications (the “AGCOM”), setting forth “Regulations on the supply of VoIP (Voice over Internet Protocol) services, and supplement to the National Numbering Plan” (the “Regulation”) and art. 73 of Italian Legislative Decree 1 August 2003 no. 259 (the “Electronic Communication Code” or “CCE” or “Legislative Decree no. 259/2003”), 8x8 takes all necessary measures to ensure uninterrupted access to emergency services.

 

In addition to the provisions of Section 1.4 of this Supplement A, pursuant to Law 31 July 2005, no. 155, concerning the identification of clients and data retention of telephone traffic, to register with 8x8 You must provide 8x8 with a copy of Your identity document (and of other users of the Services or other third parties allowed to use the Services).

 

In addition to the provisions of Section 1.6 of this Supplement A, pursuant to the Regulation and art. 96 of the Electronic Communication Code, in case of performances in the interest of justice, 8x8 may be required to reply to the request of information from the public authority.

 

In addition to the provisions of Section 1.8 of this Supplement A, pursuant to the Regulation and art. 79 of the Electronic Communication Code, the number of the calling party is visible, in accordance with relevant national and EU legislation on protection of personal data and privacy.To the extent technically feasible, 8X8 provides data and signals to facilitate the offering of calling line identification performance and tone dialling across Member States’ borders.

 

Number Porting

 

In addition to the provisions at Section 2 of this Supplement A, pursuant to the Regulation, You acknowledge and agree that geographic numbers can be used for Services provided at a fixed location, such that for the publicly Available Telephone Services (PATS) at fixed locations (i.e. telephone services beginning with “0”), nomadism is allowed only within the originating telephone district. In view of the foregoing, You expressly agree not to use, or let other users of the Services and other third parties use, geographic numbers outside the corresponding district (for example, you shall not use a number beginning with “02” for a phone call from outside the district of Milan). Therefore, the VoIP terminal must be installed exclusively in properties located in the calling area corresponding to the assigned geographic district.

 

Pursuant to Regulation,you are allowed to call and receive calls from users of all communication networks, Italian and foreign, including mobile networks, which use numbers of a national or international numbering plan.

 

Tariffs

 

The tariff for a call directed to a nomadic number will not exceed the tariff applicable to a call to a geographic number.

 

Data Protection

 

In addition to the provisions of Section 3 of this Supplement A, in particular, You are solely responsible for compliance with Resolutions no. 36/02/CONS and no. 180/02/CONS,issued by AGCOM and Order dated 7 August 2011 no. 1711492 issued by Italian privacy authority, on the single database of phone services subscribers.

 

Express Consent

Pursuant to articles 1341 and 1342 of Italian Civil Code,By signing this Customer Agreement You expressly agree and approve the following Section of the Global Terms: 3.5 DISPUTED CHARGES;3.6 THIRD-PARTY SERVICES; 4.2 RENEWAL;5. TERMINATION AND SUSPENSION; 6. EQUIPMENT AND SHIPPING; 9. SERVICE LIMITATIONS; 13. REPRESENTATIONS AND WARRANTIES; 14. INDEMNIFICATION; 15. LIMITATION OF LIABILITY; 16. DISPUTES; 17.2 GOVERNING LAW; EXCLUSIVE JURISDICTION; 17.4 FORCE MAJEURE (EVENTS BEYOND OUR CONTROL);

Dispute Resolution

According to art. 1, paragraph 11, of Law no. 249/97, any disputes, identified by the AGCOM, which may arise between You and 8x8, must be mandatorily referred to the alternative dispute resolution procedure provided by the Regional Committee for Telecommunications(the “CORECOM”) before proceedings are commenced, pursuant to the current regulation (Resolution no. 173/07/CONS and following, issued by AGCOM).

 

ANNEX J – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN THE NETHERLANDS

 

Cancellation of Services

 

In accordance with Section 7.2 of the Dutch Telecommunications Act, any Customer that meets the definition of a Dutch small business user may request an interim cancellation of the Service should the Service change to the detriment of the Customer, including changes pursuant to Clause 11.2.

 

Contact details for the national regulatory authority for the telecommunications services in Netherlands.

Authority for Consumers and Markets

PO Box 16326
2500 BH The Hague
The Netherlands

 

Telephone: +31 70 7222 000
Fax: +31 70 7222 355

 

 

ANNEX K – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN POLAND

 

Terms

You may access the Terms at any time by visiting https://www.8x8.com/uk/terms-and-conditions/business-terms-270217. You may also ask 8x8 for an electronic or paper copy of the Terms.

Change in Terms

8x8 may amend or make modifications to the Terms from time to time (each such modification a “Change of Terms”). 8x8 shall notify the Customer in writing or, at the Customer’s request by sending email notice to the e-mail address indicated by the Customer, of any Change of Terms at least 30 days prior to such Change of Terms becoming effective.  Polish Customers shall have the right to terminate the Customer Agreement to the extent it applies to Customer Locations in Poland if they do not agree to any Change of Terms by sending termination notice to [email protected], or such other address as notified by 8x8 from time to time within the period set out by 8x8, while the time limit for exercising this right may not be shorter than by the date on which the Change of Terms takes effect.

Directories and directory assistance services

You can be listed in the Public Telephone Directory only upon your prior consent.

If You agree to be listed, the following Customer Data are included free of charge in the Public Telephone Directory:

– the name and the initial of the first name(s)

– the name of place and street where the connection is located or –upon your consent – your full address;

– the telephone number allocated by 8x8.

The Public Telephone Directory allows the Customer to:

– find a telephone number on the basis of a name and address and/or

– find a name and address on the basis of a telephone number and/or

– find the telephone number, name and address of a self-employed persons or businesses on the basis of their professional activity.

Contact details for the national regulatory authority for the telecommunications services in Poland.

The President of the Office of Electronic Communications (Urząd Komunikacji Elektronicznej)

18/20 Kasprzaka Street

01-211 Warsaw, Poland

phone: +48 22 53 49 156

fax: +48 22 53 49 155

e-mail: [email protected]

online:https://www.uke.gov.pl/kontakt/

 

ANNEX L – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN SPAIN

Rights of Spanish Customers

Spanish Customers who receive the Servicesat Customer Locations in Spain will have the rights and obligations established in Royal Decree 899/2009, of 22nd May, or any other applicable regulation.

You may access the Terms at any time by visiting https://www.8x8.com/uk/terms-and-conditions/business-terms-270217. You may also ask 8x8 for an electronic or paper copy of the Terms.

Payment methods

Further to Clause 3.3 of the Global Terms, Spanish Customers who receive Services in Customer Locations in Spain are entitled to request that payments are made by means other than direct debit, if such other means are generally market-accepted.

Change in Terms

8x8 may amend or make modifications to the Terms from time to time (each such modification a “Change of Terms”). 8x8 shall notify the Customer in writing or, at the Customer’s request by sending email notice to the e-mail address indicated by the Customer, of any Change of Terms at least 30 days prior to such Change of Terms becoming effective.  SpanishCustomers shall have the right to terminate the Customer Agreement to the extent it applies to Customer Locations in Spain if they do not agree to any Change of Terms by sending termination notice to [email protected], or such other address as notified by 8x8 from time to time without penalty.

Refund policy

Notwithstanding Clause 3.8.1 of the Global Terms, Spanish Customers shall be entitled to a refund of prepaid fees and other Customer payments in the following circumstances:

  • Whenever the Spanish Customer uses its right to terminate the Customer Agreement early, by providing two days’ prior notice (as set out further below), any fees corresponding to the period of time following the two-day notice period shall be refunded(but, to avoid any doubt, this is without prejudice to 8x8’s right to charge early termination fees as agreed in the Customer Agreement); and
  • In the case of early termination of the contract by 8x8 for reasons other than Customer breach.

Termination

Clause 5.1.3 of the Global Terms will not be applicable to any Spanish Customer receiving Services in Spain.

The prior notice requirement as set out at Clause 5.1.5 (Termination for Convenience) of the Global Terms shall be two days for any Services provided to Spanish Customers at Spanish Customer Locations.

Directories and directory assistance services

The Customer acknowledges and agrees that 8x8 may provide the following Customer Data to directory publishers and suppliers of directory assistance services:

  • the name and initial of the first name(s)
  • the full address;
  • the telephone number allocated by 8x8.

8x8 shall not provide these Customer Data to directory publishers and suppliers of directory assistance if You have indicated that You do not want these Customer Data to be included in the directories and/or directory assistance services.

You can choose at any time whether or not to be listed in the directories and and/or directory assistance services. If You do not indicate that You want Your 8x8 number(s) to be listed in the directories and the directory assistance services, Your 8x8 number(s) will be deemed to be unlisted.

 

ANNEX M – SUPPLEMENTAL TERMS FOR SERVICES PROVIDED TO CUSTOMER LOCATIONS IN SWEDEN

 

Data Protection

 

For purposes of Section 3 of this Supplement A, “Personal Data” also includes any “personal data” within themeaning of the Swedish Data Protection Legislation, being the Personal Data Act (Sw. Personuppgiftslagen (1998:204)).

 

Contact details for the national regulatory authority for the telecommunications services in Sweden.

The Swedish Post and Telecom Authority (PTS)

 

E-mail: [email protected]

Telephone: +46 8 678 55 00

Telefax: +46 8 678 55 05  

 

Postal address:

PTS
Box 5398
SE-102 49 Stockholm
Sweden

 

 

SUPPLEMENT B – UNITED STATES

This Supplement B is an attachment to, and part of the Regional Supplements Attachment 4 to the 8x8 Business Terms and Conditions (the “Terms”).  Capitalised terms used and not defined in this Supplement B shall have the meanings assigned to them in the Terms.

The provisions in this Supplement B apply to only Services provided to Customer Locations in the United States of America.

 

    • The United States Federal Communications Commission (“FCC”) requires that 8x8 provide E911 service, Basic or Enhanced 9-1-1 Service, or, where available, NG9-1-1 Service (collectively, “E911 Service”) to all customers who use Services (subject to the exceptions noted below) within the United States. E911 Service is a mandatory component of all inbound/outbound traditional fax and voice service plans offered by 8x8 (each, an “E911-Enabled Service”).  E911 Service is not offered on virtual numbers, toll-free numbers or similar service accessories or add-on serviceplans.

CUSTOMER ACKNOWLEDGES THAT 8X8’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK.  SOME OF THE LIMITATIONS AND OTHER DIFFERENCES ARE DETAILED IN THIS SECTION 1 (E911 SERVICE).  CUSTOMER AGREES TO NOTIFY ITS AGENTS AND ANYONE ELSE WHO MAY POTENTIALLY PLACE CALLS USING CUSTOMER’S SERVICES OR EQUIPMENT, OF THE EMERGENCY SERVICE LIMITATIONS DESCRIBED HEREIN.

CUSTOMER ACKNOWLEDGES THAT 8X8 HAS ADVISED CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

  • WARNING LABELS.8x8 will provide Customer with warning labels regarding the limitations or unavailability of 911 emergency dialing. CUSTOMER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED OR ACCESSED.  If additional labels are required, then Customer shall request them from8X8.
  • SERVICES LOCATION. E911 Service is only available in selected areas. If Customer subscribes to an E911-Enabled Service, Customer will be required to register the physical location of Customer’s equipment (i.e., phone, softphone, digital telephone adapter (DTA), videophone, computer, etc.) with 8x8, either on the 8x8.com website or account management portal, or by contacting 8x8 Customer Service.  8x8 may register Customer’s service address as the default address for E911 service.  IT SHALL BE CUSTOMER’S RESPONSIBILITY TO REVIEW AND CONFIRM THE ACCURACY OF SUCH INFORMATION AND MODIFY IT ASNEEDED.

Customer agrees to contact 8x8 Customer Service to update the relevant location information whenever the physical location of Services or equipment changes.  If Customer subscribes to 8x8 mobile applications, the physical location registered for Customer’s equipment (i.e., phone, softphone, DTA, videophone, etc.) will be the physical location registered for the mobile application associated with the equipment.  Customer acknowledges and understands that any enhanced location information passed to any emergency operator by 8x8 will be based upon the physical location provided to 8x8 by Customer.  In the event that the physical location has not been updated or is not complete, 8x8 may attempt to route a 911 call based upon the bill-to or ship-to addresses associated with Customer’s account or initial order.

  • E911 CHARACTERISTICS ANDLIMITATIONS.

CUSTOMER ACKNOWLEDGES THAT 8X8’S E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE 8X8 E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS.  CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER’S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCYCALLS).

IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE, THE FOLLOWING ARE SOME OF THE KEY CHARACTERISTICS THAT DISTINGUISH 8X8’S E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:

  • ELECTRICAL POWER. THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.  IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE 8X8’S SERVICES, INCLUDING FOR E911PURPOSES.
  • INTERNET ACCESS. THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OR SIGNIFICANT DEGRADATION OF CUSTOMER’S BROADBAND OR HIGH-SPEED INTERNET ACCESSSERVICE.
  • NON-VOICE SYSTEMS. THE SERVICES ARE NOT SET UP TO FUNCTION WITH TEXT MESSAGES OR OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISIONSYSTEMS.
  • EQUIPMENT FAILURE. THE SERVICES WILL NOT FUNCTION IF CUSTOMER’S EQUIPMENT (DTA, PHONE, VIDEOPHONE, ETC.) FAILS OR IS NOT CONFIGUREDCORRECTLY.
  • SERVICES FAILURE OR SHUT-OFF. THE SERVICES WILL NOT FUNCTION IF CUSTOMER’S 8X8 SERVICES ARE NOT AVAILABLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, SUSPENSION OR CANCELLATION OF SERVICES FOR NON-PAYMENT OR OTHERREASONS.
  • INCORRECT LOCATION DATA.IF CUSTOMER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION OF THE 8X8 EQUIPMENT AT THE TIME OF ACTIVATION OF THE SERVICES OR WHEN UPDATING THAT INFORMATION WITH 8X8 CUSTOMER SERVICE, E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCYOPERATOR.
  • LOCATION UPDATING DELAY. FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S PHYSICAL LOCATION IN CUSTOMER’S ACCOUNT REGISTRATION INFORMATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR.  THIS INFORMATION IS TYPICALLY POPULATED INTO 8X8’s NOMADIC E911 DATABASES PRIOR TO ACTIVATION OF SERVICES, BUT 8X8 CANNOT GUARANTEE THISTIMING.
  • INCOMPATIBILITY WITH SYSTEMS OF OPERATOR. THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING 8X8 E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 8X8 E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE 8X8 NETWORK, THERE IS A POSSIBILITY THAT AN 8X8 E911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN E911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONENETWORKS.
  • E911 LIMITATION OFLIABILITY.

WITHOUT LIMITING SECTION 16 (LIMITATION OF LIABILITY) OF THE TERMS, CUSTOMER ACKNOWLEDGES AND AGREES THAT 8X8 WILL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT CUSTOMER (INCLUDING ANY AGENT OF CUSTOMER) OR ANY OTHER CALLER FROM CUSTOMER’S EQUIPMENT OR USING THE SERVICES IS UNABLE TO PLACE, OR COMPLETE, A CALL TO 911 OR E911 SERVICES, OR IN THE EVENT THAT EMERGENCY RESPONDERS DO NOT RESPOND, OR DO NOT RESPOND TO THE LOCATION AT WHICH THE EQUIPMENT, CUSTOMER OR CALLER IS PHYSICALLY PRESENT OR REQUIRES SUCH SERVICES, INCLUDING WITHOUT LIMITATION UNDER ANY OF THE CIRCUMSTANCES DESCRIBED IN SECTION1.5 (E911 CHARACTERISTICS AND LIMITATIONS) OF THIS SUPPLEMENT B.  CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATION OF 8X8’S LIABILITY IS REASONABLE AND IS A MATERIAL TERM TO THE CUSTOMER AGREEMENT, AND THAT 8X8 WOULD NOT PROVIDE SERVICES TO CUSTOMER WITHOUT THIS LIMITATION.

  1. NUMBER USAGE ANDPORTING.
    • Where Customer is provided with a telephone number (including a code) as part of the Services (an “8x8 Number”), then that 8x8 Number will belong to 8x8, and Customer will have no right to sell, dispose or transfer that 8x8 Number, during the term of the Customer Agreement. 8x8 will use its best efforts to ensure thatCustomer may keep the number during the period that the number is rightly associated with the Services ordered by Customer under the Customer Agreement, but 8x8 reserves the right to change the number on reasonable notice if 8x8 determines, in good faith and in its reasonable discretion, that a third party has a valid claim to such number, or that the change is otherwise required by or advisable under applicablelaw.
    • Upon termination of the Services and at Customer’s request, 8x8 will employ commercially reasonable efforts to assist Customer to port out Customer’s numbers, including 8x8 Numbers and numbers which had been ported to 8x8 (“Ported Numbers”), and 8x8 will charge an administrative fee of $5.00 per number or Ported Number.
    • Customer acknowledges that the porting of all 8x8 Numbers and Ported Numbers is dependent upon the cooperation of third parties not under the control of 8x8 and applicable laws and regulations concerning the geographic relevance of local exchange area service, whereapplicable.

 

 

SUPPLEMENT C – AUSTRALIA

This Supplement C is an attachment to, and part of the Regional Supplements Attachment 4 to the 8x8 Business Terms and Conditions (the “Terms”).  Capitalised terms used and not defined in this Supplement C shall have the meanings assigned to them in the Terms.

The provisions in this Supplement C apply to only to Services provided to Customer Locations in Australia.

 

  1. 000 SERVICE.

1.1          The national emergency access number in Australia is 000 (“Emergency Number”).  112 Dialing is not supported by 8x8. The Emergency Number can be accessed, free of charge, if the Services are fully operational and if accessed within Australia. There is no registration process to establish Emergency Number dialing. However, Customer understands and acknowledges that there may be some limitations as set out in the following paragraphs.

1.2          If Customer uses the Services outside Australia, Customer will not be able to call the Emergency Numbers in the country where Customer is located, or such calls may be routed to an incorrect answering point.

1.3          If there is a Services outage (such as, but not limited to, an electrical outage or broadband service outage) for any reason, such outage may prevent access to Emergency Number dialing.

1.4          Customer must register with 8x8 the primary physical location where the Services will be used.  Customer’s location will be registered as a part of subscribing to the Services.  It is Customer’s responsibility to maintain the accuracy of Customer’s location address if there are any changes.  Customer can do this for most Services by updating the information recorded under “Settings” in the relevant Services application or in Customer’s account management portal. If Customer does not update 8x8 with changes to the location of where the Services are being provided, it may or may not be possible for emergency operators and authorities to identify Customer’s location and phone number when Customer dials the Emergency Number. Location information of Customer’s primary office as noticed to 8x8 will only be provided to emergency services; extension information may not be provided to emergency services.

1.5          When Customer dials the Emergency Number, Customer will need to state its location and phone number promptly and clearly, as emergency operators and authorities may not have this information. The emergency operator may ask for specific information to correctly transfer Customer’s call to a local emergency services department such as police, fire brigade, rescue, coastguard, etc.

1.6          Emergency operators and authorities may or may not be able to identify Customer’s phone number in order to call Customer back if the call is unable to be completed, is dropped or disconnected, or if Customer is unable to speak to tell them Customer’s phone number and/or if the Services are not operational for any reason. Emergency operators and authorities may also not be able to hold Customer’s line open in the event Customer hangs up.

1.7          Customer agrees to inform users of the Services of the above limitations and Customer understands and accepts that Customer should always have an alternative means of accessing emergency services than through 8x8’s Services.

  1. NUMBER USAGE AND PORTING.

2.1          Number portability may be unavailable with the Services.  If Customer moves its Services to or from 8x8 or to or from another provider, Customer may not be able to keep its telephone number. Where number portability is available with the Services, 8x8 will take all reasonable steps to ensure that the transfer of Customer’s number and subsequent activation is completed within one business day provided all necessary activation processes have been completed, the network connection is ready for Customer’s use and (where Customer wishes to port Customer’s telephone number to 8x8) Customer’s donor provider has received a request to activate the transfer of Customer’s number from 8x8 and agreed a transfer date (the “Porting Activation Requirements”).  Where access to the Services is facilitated through Telstra number porting, Customer authorises 8x8 to have the numbers from the Telstra lines listed in the Order Form routed by 8x8 instead of Telstra and to forward appropriate details of Customer’s porting application for the Services to 8x8. Customer will receive advance notification of the change of service from Telstra to 8x8. 8x8’s ability to provide the Services is subject to Telstra porting the numbers.

2.2          For the avoidance of doubt, the one business day time period does not commence from the date Customer submits a number transfer request; it commences from the agreed date of port and once an agreement to port has been concluded between 8x8 and (where Customer wishes to port its telephone number to 8x8) Customer’s donor provider following completion of all the Porting Activation Requirements. Following completion of the Porting Activation Requirements, 8x8 will send a notification informing Customer of the date when Customer’s number will be transferred. If having notified Customer of the date when Customer’s number will be transferred there is a subsequent delay in the Porting Activation Requirements, 8x8 will notify Customer of the new date when Customer’s number will be transferred.

2.3          Any change to the date of Customer’s number transfer due to the Porting Activation Requirements not being completed shall not constitute a delay or abuse in porting and shall not give rise to a claim for compensation.

2.4          In the case of analogue lines being utilized for facsimile machines, the standard Services are not compatible, and an alternative internet fax service is offered under some Service Plans for numbers that are required to be ported to 8x8. This may result in loss of Services for a period of up to fifteen (15) days.

2.5          Where Customer is provided with a telephone number (including a code) as part of the Services, then that code and number belongs to 8x8 and Customer will have no right to keep that number nor to sell, dispose or transfer that number at any time. 8x8 will use its best efforts to ensure that Customer may keep the number during the term of the Customer Agreement, but 8x8 reserves the right to change the number on reasonable notice if 8x8 determines, in good faith and in its reasonable discretion, that a third party has a valid claim to such number, or that the change is otherwise required by or advisable under applicable law.

2.6          Customer acknowledges that 8x8 may provide details of the numbers issued to Customer and/or end users by 8x8 to organizations that wish to compile directories or directory enquiry services, and Customer consents to such disclosure.

  1. DATA PROTECTION.

3.1          With respect to any Personal Data processed on Customer’s behalf under the Customer Agreement, 8x8 and Customer both agree that Customer is the APP entity under the Privacy Act, and that 8x8 processes such data at the instruction of Customer for purposes of the Privacy Act. 8x8 shall process the Personal Data only in accordance with the terms of the Customer Agreement, 8x8’s Privacy Policy, and lawful instructions reasonably given by Customer to 8x8 from time to time. Both parties will employ appropriate technical and organizational measures to protect such Personal Data. As data processor, 8x8 may appoint sub-processors for parts of its processing of Personal Data,provided, that the sub-processor assumes the same obligations as are imposed on 8x8 as data processor. In respect of Customer Data that constitutes Personal Data, 8x8 shall: (i) take appropriate technical and organizational measures against unlawful and unauthorised processing of the Personal Data and against accidental loss, destruction of and damage to the Personal Data, alteration or disclosure of the Personal Data to any unauthorized third party; (ii) take reasonable steps to ensure the reliability of all of its personnel (whether employees or contractors) that may have access to the Personal Data and to ensure that they are adequately trained in the good handling of Personal Data; (iii) act only in accordance with Customer’s instructions in relation to processing the Personal Data and not use the Personal Data for any purpose other than to provide the Services under the Customer Agreement, or for other purposes as set forth in 8x8’s Privacy Policy or as may be required by law.

3.2          Customer acknowledges that 8x8 relies on Customer for direction as to the extent to which 8x8 is entitled to use and process the Personal Data Customer provides to 8x8.  Consequently, 8x8 will not be liable for any claim brought by a data subject arising from any action or omission by 8x8, to the extent that such action or omission resulted from Customer’s instructions.

3.3          In order to provide the Services, 8x8 may transfer Personal Data to its Affiliates to store and process such Personal Data on servers located in the United States or other jurisdictions outside of Australia. Customer specifically and expressly consents to such transfers upon acceptance of the Customer Agreement, and acknowledges that Australian Privacy Principle 8.1 will not apply to such disclosure. Customer further agrees and consents to 8x8 and the service providers that 8x8 utilizes to assist in providing the Services to Customer having the right to access Customer’s account and to use, modify, reproduce, distribute, display and disclose Customer Data, including any Personal Data, to the extent necessary to provide the Services, including, without limitation, in response to Customer support requests. Any third-party service providers 8x8 utilizes will only be given access to Customer’s account and Customer Data as is reasonably necessary, in 8x8’s discretion, to provide the Services and will be subject to: (i) confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in the Customer Agreement and (ii) the service provider’s agreement to comply with the Personal Data restrictions, including transfer restrictions, set forth in this Clause 3 (Data Protection).

3.4          8x8 will promptly notify Customer if 8x8 receives a request from a person to access to that person’s Personal Data; a complaint or request relating to Customer’s obligations under applicable data protection legislation; or any other communication relating directly to the processing of any Personal Data in connection with the Customer Agreement. 8x8 will provide Customer with reasonable co-operation and assistance in relation to any complaint or request made in respect of any Personal Data processed by 8x8 on Customer’s behalf, including by providing Customer with details of the complaint or request, complying with any data subject access, rectification or deletion requests (within the relevant timescales set out in applicable data protection legislation) and providing Customer with any Personal Data 8x8 holds in relation to a person making a complaint or request (again, within a reasonable timescale).

3.5          Customer represents to 8x8 that Customer is in compliance with all applicable privacy and/or data protection laws, Customer has obtained all necessary rights and consents under applicable law to disclose to 8x8, or allow 8x8 to collect, use, retain and disclose any Personal Data that Customer provides to 8x8, or authorises 8x8 to collect, including information that 8x8 may collect directly from Customer’s end users via cookies or other means, and that 8x8 will not be in breach of any such laws by collecting, receiving, using, transferring and disclosing such information in connection with the Services.  As between Customer and 8x8, Customer is solely responsible for disclosing to Customer’s end users that 8x8 is processing Personal Data for Customer and obtaining data from such customers. It is Customer’s obligation to disclose to its end users that such data may be transferred, processed and stored outside of Australia and, as set forth in 8x8’s Privacy Policy, may be subject to disclosure as required by applicable law.

3.6          Customer agrees to provide notice to 8x8 of: (i) any limitations in Customer’s privacy notice to data subjects; (ii) any changes in, or revocation of, consent by a data subject to use or disclose Personal Data; and (iii) any restrictions on the use of Personal Data to which Customer has agreed in accordance with its agreements with data subjects; in each case, to the extent that such limitations, changes or restrictions may affect 8x8’s uses or disclosures of Personal Data.

3.7          If Customer receives Personal Data through the use of the Services, Customer must keep such information confidential and only use it in connection with the Services.  Customer may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless Customer receives the express consent of the user to do so.  Customer may not disclose any acquired Personal Data to any third party, other than in connection with processing of transactions or the provision of Services requested by end users of the Services.

3.8          8x8 will delete all other Customer Data and any Personal Data it may hold within a reasonable period of closure of Customer’s account, or upon 8x8’s reasonable determination that the information is no longer necessary for the purposes for which such information was collected or retained, in 8x8’s sole discretion.  Customer acknowledges that 8x8 may archive Customer Data and Personal Data rather than delete such data while Customer remains a customer of 8x8 or an 8x8 Affiliate.

3.9          For purposes of this Clause 3 (Data Protection), “Personal Data” includes “personal information” as defined in Australia’s 1988 Privacy Act.

  1. SERVICE INFORMATION.

4.1          The following additional information is provided with respect to Services offered or provided in the Australia:

8x8 adheres to the Telecommunications (Customer Service Guarantee) Standard 2011, as may be amended from time to time.

8x8 will provide operator and directory assistance services.

  1. REVERSE CHARGE OF GST

5.1          The prices set forth in the Customer Agreement are exclusive of any goods and services tax (GST) payable by Customer. The parties agree to account for Australian GST on Services and Equipment provided by 8x8 pursuant to the Customer Agreement in accordance with the reverse charge provisions of Division 83 of the A New Tax System (Goods and Services Tax) Act 1999. The parties confirm that the Equipment and Services provided to Customer are provided to Customer and not to a resident agent. In addition, 8x8 confirms that, in providing the Services and Equipment, 8x8 does not have a permanent establishment, nor does it provide the Services or Equipment through an enterprise that it carries on, in Australia. 

 

 

SUPPLEMENT D – CANADA

This Supplement D is an attachment to, and part of, the Regional Supplements Attachment 4 to the 8x8 Business Terms and Conditions (the “Terms”).  Capitalised terms used and not defined in this Supplement D shall have the meanings assigned to them in the Terms.

The provisions in this Supplement D apply to only Services provided to Customer Locations in Canada.

  1. E911 SERVICE.
    • The Canadian Radio-television and Telecommunications Commission (“CRTC”) requires that 8x8 provide E911 service, Basic or Enhanced 9-1-1 Service, or, where available, NG9-1-1 Service (collectively, “E911 Service”) to all customers who use Services (subject to the exceptions noted below) within Canada. E911 Service is a mandatory component of all inbound/outbound traditional fax and voice service plans offered by 8x8 (each, an “E911-Enabled Service”).  E911 Service is not offered on virtual numbers, toll-free numbers or similar service accessories or add-on service plans.
    • E911 ACKNOWLEDGEMENTS.

CUSTOMER ACKNOWLEDGES THAT 8X8’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK.  Some of the limitations and other differences are detailed in this Section 1 (E911 Service).  Customer agrees to notify its Agents and anyone else who may potentially place calls using Customer’s Services or Equipment, of the emergency service limitations described herein.

CUSTOMER ACKNOWLEDGES THAT 8X8 HAS ADVISED CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

  • WARNING LABELS.8x8 will provide Customer with warning labels regarding the limitations or unavailability of 911 emergency dialing. Customer agrees to place a label on or near each telephone and other Equipment on which the Services may be utilized or accessed. CUSTOMER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. If additional labels are required, then Customer shall request them from 8X8.
  • SERVICESE911 Service is only available in selected areas. If Customer subscribes to an E911-Enabled Service, Customer will be required to register the physical location of Customer’s equipment (i.e., phone, softphone, digital telephone adapter (DTA), videophone, computer, etc.) with 8x8, either on the www.8x8.com website or account management portal, or by contacting 8x8 Customer Service. 8x8 may register Customer’s service address as the default address for E911 service. IT SHALL BE CUSTOMER’S RESPONSIBILITY TO REVIEW AND CONFIRM THE ACCURACY OF SUCH INFORMATION AND MODIFY IT AS NEEDED.

Customer agrees to contact 8x8 Customer Service to update the relevant location information whenever the physical location of Services or equipment changes. If customer subscribes to 8x8 mobile applications, the physical location registered for Customer’s equipment (i.e., phone, softphone, DTA, videophone, etc.) will be the physical location registered for the mobile application associated with the equipment. Customer acknowledges and understands that any enhanced location information passed to any emergency operator by 8x8 will be based upon the physical location provided to 8x8 by Customer. In the event that the physical location has not been updated or is not complete, 8x8 may attempt to route a 911 call based upon the bill-to or ship-to addresses associated with Customer’s account or initial order.

  • E911 CHARACTERISTICS AND LIMITATIONS.

CUSTOMER ACKNOWLEDGES THAT 8X8’S E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE.  THESE CHARACTERISTICS MAY MAKE 8X8’S E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER’S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS).

IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE, THE FOLLOWING ARE SOME OF THE KEY CHARACTERISTICS THAT DISTINGUISH 8X8’S E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:

  • ELECTRICAL POWER. THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE 8X8’S SERVICES, INCLUDING FOR E911 PURPOSES.
  • INTERNET ACCESS. THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OR SIGNIFICANT DEGRADATION OF CUSTOMER’S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
  • NON-VOICE SYSTEMS. THE SERVICES ARE NOT SET UP TO FUNCTION WITH TEXT MESSAGES OR OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS.
  • EQUIPMENT FAILURE. THE SERVICES WILL NOT FUNCTION IF CUSTOMER’S EQUIPMENT (DTA, PHONE, VIDEOPHONE, ETC.) FAILS OR IS NOT CONFIGURED CORRECTLY.
  • SERVICES FAILURE OR SHUT-OFF. THE SERVICES WILL NOT FUNCTION IF CUSTOMER’S 8X8 SERVICES ARE NOT AVAILABLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, SUSPENSION OR CANCELLATION OF SERVICES FOR NON-PAYMENT OR OTHER REASONS.
  • INCORRECT LOCATION DATA. IF CUSTOMER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION OF THE 8X8 EQUIPMENT AT THE TIME OF ACTIVATION OF THE SERVICES OR WHEN UPDATING THAT INFORMATION WITH 8X8 CUSTOMER SERVICE, E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.
  • LOCATION UPDATING DELAY. FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S PHYSICAL LOCATION IN CUSTOMER’S ACCOUNT REGISTRATION INFORMATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO 8X8’s NOMADIC E911 DATABASES PRIOR TO ACTIVATION OF SERVICES, BUT 8X8 CANNOT GUARANTEE THIS TIMING.
  • INCOMPATIBILITY WITH SYSTEMS OF OPERATOR. THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING 8X8 E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 8X8 E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE 8X8 NETWORK, THERE IS A POSSIBILITY THAT AN 8X8 E911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN E911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS.
    • E911 LIMITATION OF LIABILITY.

WITHOUT LIMITING SECTION 16 (LIMITATION OF LIABILITY) OF THE TERMS, CUSTOMER ACKNOWLEDGES AND AGREES THAT 8X8 WILL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT CUSTOMER (INCLUDING ANY AGENT OF CUSTOMER) OR ANY OTHER CALLER FROM CUSTOMER’S EQUIPMENT OR USING THE SERVICES IS UNABLE TO PLACE, OR COMPLETE, A CALL TO 911 OR E911 SERVICES, OR IN THE EVENT THAT EMERGENCY RESPONDERS DO NOT RESPOND, OR DO NOT RESPOND TO THE LOCATION AT WHICH THE EQUIPMENT, CUSTOMER, OR CALLER IS PHYSICALLY PRESENT OR REQUIRES SUCH SERVICES, INCLUDING WITHOUT LIMITATION UNDER ANY OF THE CIRCUMSTANCES DESCRIBED IN SECTION 1.5 (E911 CHARACTERISTICS AND LIMITATIONS) OF THIS SUPPLEMENT D.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATION OF 8X8’S LIABILITY IS REASONABLE AND IS A MATERIAL TERM TO THE CUSTOMER AGREEMENT, AND THAT 8X8 WOULD NOT PROVIDE SERVICES TO CUSTOMER WITHOUT THIS LIMITATION.

  1. NUMBER USAGE AND PORTING.
    • Where Customer is provided with a telephone number (including a code) as part of the Services (an “8x8Number”), then that 8x8 Number will belong to 8x8, and Customer will have no right to sell, dispose or transfer that 8x8 Number, during the term of the Customer Agreement. 8x8 will use its best efforts to ensure that Customer may keep the number during the term of the Customer Agreement, but 8x8 reserves the right to change the number on reasonable notice if 8x8 determines, in good faith and in its reasonable discretion, that a third party has a valid claim to such number, or that the change is otherwise required by or advisable under applicable law.
    • Upon termination of the Services and at Customer’s request, 8x8 will employ commercially reasonable efforts to assist Customer to port out Customer’s numbers, including 8x8 Numbers and numbers which had been ported to 8x8 (“Ported Numbers”).
    • Customer acknowledges that the porting of all 8x8 Numbers and Ported Numbers is dependent upon the cooperation of third parties not under the control of 8x8, and applicable laws and regulations concerning the geographic relevance of local exchange area service, where applicable.
  2. DATA PROTECTION.
    • With respect to any Personal Data processed on Customer’s behalf under the Customer Agreement, 8x8 and Customer both agree that Customer is the data controller and 8x8 is the data processor in relation to that data. 8x8 shall process the Personal Data only in accordance with the terms of the Customer Agreement, 8x8’s Privacy Policy, and lawful instructions reasonably given by Customer to 8x8 from time to time. Both parties will employ appropriate technical and organizational measures to protect such Personal Data. As data processor, 8x8 may appoint sub-processors for parts of its processing of Personal Data,provided, that the sub-processor assumes the same obligations as are imposed on 8x8 as data processor. In respect of Customer Data that constitutes Personal Data, 8x8 shall:  (a) take appropriate technical and organizational measures against unlawful and unauthorized processing of the Personal Data; accidental loss, destruction of and damage to the Personal Data and alteration or disclosure of the Personal Data to any unauthorized third party; (b) take reasonable steps to ensure the reliability of all of its personnel (whether employees or contractors) that may have access to the Personal Data and to ensure that they are adequately trained in the good handling of Personal Data; (c) act only in accordance with the Customer’s instructions in relation to processing the Personal Data and not use the Personal Data for any purpose other than to provide the Services under the Customer Agreement, or for other purposes as set forth in 8x8’s Privacy Policy or as may be required by law.
    • Customer acknowledges that 8x8 relies on Customer for direction as to the extent to which 8x8 is entitled to use and process the Personal Data Customer provides to 8x8. Consequently, 8x8 will not be liable for any claim brought by a data subject arising from any action or omission by 8x8, to the extent that such action or omission resulted from Customer’s
    • In order to provide the Services, 8x8 may transfer Personal Data to its Affiliates to store and process such Personal Data on servers located in the United States or other jurisdictions outside of Canada. Customer specifically and expressly consents to such transfers upon acceptance of the Customer Agreement. Customer further agrees and consents to 8x8 and the service providers that 8x8 utilizes to assist in providing the Services to Customer having the right to access Customer’s account and to use, modify, reproduce, distribute, display and disclose Customer Data, including any Personal Data, to the extent necessary to provide the Services, including, without limitation, in response to Customer support requests. Any third-party service providers 8x8 utilizes will only be given access to Customer’s account and Customer Data as is reasonably necessary, in 8x8’s discretion, to provide the Services and will be subject to: (a) confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in the Customer Agreement and (b) their agreement to comply with the Personal Data restrictions, including transfer restrictions, set forth in this Section 3 (Data Protection).
    • 8x8 will promptly notify Customer if 8x8 receives a request from a person for access to that person’s Personal Data; a complaint or request relating to Customer’s obligations under applicable data protection legislation; or any other communication relating directly to the processing of any Personal Data in connection with the Customer Agreement. 8x8 will provide Customer with reasonable co-operation and assistance in relation to any complaint or request made in respect of any Personal Data processed by 8x8 on Customer’s behalf, including by providing Customer with details of the complaint or request, complying with any data subject access, rectification or deletion requests (within the relevant timescales set out in applicable data protection legislation) and providing Customer with any Personal Data that 8x8 holds in relation to a person making a complaint or request (again, within a reasonable timescale).
    • Customer represents to 8x8 that it is in compliance with all applicable privacy and/or data protection laws, Customer has obtained all necessary rights and consents under applicable law to disclose to 8x8, or allow 8x8 to collect, use, retain and disclose any Personal Data that Customer provides to 8x8, or authorize 8x8 to collect, including information that 8x8 may collect directly from Customer end users via cookies or other means, and that 8x8 will not be in breach of any such laws by collecting, receiving, using, transferring and disclosing such information in connection with the As between Customer and 8x8, Customer is solely responsible for disclosing to Customer’s end users that 8x8 is processing Personal Data for Customer and obtaining data from such customers. It is Customer’s obligation to disclose to its end users that such data may be transferred, processed and stored outside of Canada and, as set forth in 8x8’s Privacy Policy, may be subject to disclosure as required by applicable law.
    • Customer agrees to provide notice to 8x8 of: (a) any limitations in Customer’s privacy notice to data subjects; (b) any changes in, or revocation of, consent by a data subject to use or disclose Personal Data; and (iii) any restrictions on the use of Personal Data to which Customer has agreed in accordance with its agreements with data subjects; in each case, to the extent that such limitations, changes or restrictions may affect 8x8’s uses or disclosures of Personal Data.
    • If Customer receives Personal Data through the use of the Services, Customer must keep such information confidential and only use it in connection with the Customer may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless Customer receives the express consent of the user to do so.  Customer may not disclose any acquired Personal Data to any third party, other than in connection with processing of transactions or the provision of Services requested by end users of the Services.
    • 8x8 will delete all other Customer Data and any Personal Data it may hold within a reasonable period of closure of Customer’s account, or upon 8x8’s reasonable determination that the information is no longer necessary for the purposes for which such information was collected or retained, in 8x8’s sole discretion. Customer acknowledges that 8x8 may archive Customer Data and Personal Data rather than delete such data while Customer remains a customer of 8x8 or an 8x8 Affiliate.
    • For purposes of this Section 3 (Data Protection), “Personal Data” includes any “personal data” within the meaning of Canada’s Personal Information Protection and Electronic Documents Act, to the extent the processing of such data or information would be subject to such legislation.
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