CN1. The following supplemental terms (Supplemental Terms) apply to the elements of the ContactNow service that forms part of and included in a product bundle with any Virtual Office services, for example: the 8x8 Editions or 8x8 X Series incorporating ContactNow (such as X8 and X8e in 8x8 Editions, and X5 and X8 in 8x8 X Series), as may be amended from time to time.
CN2. Along with these Supplemental Terms, the 8x8 Virtual Office and Virtual Contact Centre Service Terms (or other version of service/business terms that apply to 8x8 Virtual Office services) (including without limitation any use policy) referenced in the agreement or order document through which Customer subscribed to such services (the “VO/VCC Service Terms”) shall apply with respect to all such ContactNow services that are ordered as part of the product bundle (the “Ordered CN Services”, and the ContactNow services shall be considered “SaaS Services” or “Subscription Services” (as applicable) and the Ordered CN Services shall be considered “Ordered SaaS Services” under the VO/VCC Service Terms), provided that in the event of any conflict between these Supplemental Terms and the VO/VCC Service Terms, these Supplemental Terms shall take precedence.
CN3. Additional Definitions
“Format Requirements” means the format requirement for Messages as may be notified to the Customer from time to time;
“Message” means a message (such as SMS or voice, and which shall include all material, content, information, graphics, sound or any other data comprised within it) created by the Customer in accordance with the Format Requirements and intended for a particular Recipient;
“Message Charges” means the prices relating to Messages published on the 8x8 website or as set out in the Service Order;
“Recipient” means a specific person to whom the Customer intends to dispatch a Message in accordance with the Format Requirements;
CN4. The usage charges referred to in the VO/VCC Service Terms shall, for the purposes of the Ordered CN Services, include Message Charges and calls connected to an Agent. Usage charges apply to the whole duration of a call, even if an Agent transfers that call onto a third party. If a call is transferred to another Agent, two call legs are created – one outbound to the second Agent and one inbound from the first Agent. Both call legs are independently charged.
CN5. The Ordered CN Services use conference bridges to facilitate conferences and third-party transfers. Calls are placed into conference rooms which are then conferenced with one or more other calls. Each call leg in a conference room is independently charged.
CN6. Calls made through the Ordered CN Services will be recorded and charged in seconds, and such call duration will be rounded to the nearest second. All usage charges for Ordered CN Services shall be rounded up to the nearest penny.
CN7. In addition to the requirements set out in the VO/VCC Service Terms, the Customer will be responsible for obtaining and maintaining all necessary licences, permits and approvals required by any and all governmental authorities to permit the Customer to receive and use the Services and comply with its obligations under the VO/VCC Service Terms. The Customer further represents that its use of the Ordered CN Services will be in accordance with such licences, permits and approvals, and that it will not use the Ordered CN Services for any unlawful or unauthorised purpose. The Customer shall be solely responsible for its compliance with all applicable laws of the countries in which the Customer uses the Ordered CN Services.
CN8. Without prejudice to the ability of 8x8 to disclose Customer Data to any regulatory authority, government agency or any third party pursuant to the VO/VCC Service Terms, 8x8 in its sole discretion may require the Customer to take primary responsibility for any enquiries from a regulatory body or a third party, including in relation to any actual or alleged breach of the VO/VCC Service Terms by the Customer or any of its Affiliates, agents, employees, contractors, customers and third parties. The Customer agrees, at its own cost, and in relation to such enquiries, to provide all requested information to the regulatory body or the third party raising such enquiries in a timely fashion. If the Customer defaults in complying with this obligation, the Customer agrees and accepts that 8x8 or any relevant Affiliate may act in the name and on behalf of the Customer to provide all requested information to the regulatory body or the third party raising such enquiries (to the extent that 8x8 or its Affiliates are able to provide such information). The Customer acknowledges and agrees that neither 8x8 or its Affiliates shall incur any liability whatsoever and howsoever arising for providing the information requested. The Customer further acknowledges and agrees that 8x8 shall charge the Customer a sum equivalent to the cost incurred by 8x8 or its Affiliates, including an administration fee for dealing with the Customer’s obligations under this CN8.
CN9. The Customer shall promptly notify 8x8 of any claims, obligations, agreements or court orders made against the Customer or any of its Affiliates, agents, employees, contractors, customers and third parties, or to which the Customer or any of its Affiliates, agents, employees, contractors, customers and third parties is a party, that arises out of, relates to, or affects any part of the Ordered CN Services or that call into question the Customer’s ability to comply with the VO/VCC Service Terms.
CN10. In addition to the use policy, the Customer further represents and warrants that it shall not use the Ordered CN Services to send, transmit or communicate any material, data, images or information or to market anything which is or may be reasonably considered by 8x8 to be obscene, indecent, libellous, pornographic, seditious, threatening, unlawful, harmful, vulgar, liable to incite racial hatred, discriminatory, menacing, blasphemous or which is racially, ethnically or otherwise objectionable. defamatory, false, inaccurate, abusive or otherwise offensive, neither shall it impersonate any person or entity or falsely state or otherwise misrepresent Customer’s affiliation with a person or entity.
CN11. The Customer shall ensure that all Customer Data of whatever form or which comprises any Message, Message Content or Recipient, will: a) be true, accurate and complete; and b) comply with the Format Requirements, and the Customer assumes all responsibility and risk for the upload of Messages, Message Content and Recipients, and shall be responsible for ensuring that, and hereby warrants and undertakes to 8x8 that, the Messages and the sending of them by the Customer and the receipt of them by any Recipient, conforms in all respects with all applicable laws (including all Recipient consent requirements).
CN12. The Customer undertakes to supply to 8x8, within a reasonable timeframe, copies of any Messages uploaded into its system for the purpose of 8x8’s or its Affiliates own internal audit or if required to supply to any regulatory body.
CN13. For clarity, the Customer’s indemnity obligations pursuant to the VO/VCC Service Terms include indemnifying 8x8 and its Affiliates against any losses suffered that arise out of a breach of CN7 to CN12 of these Supplemental Terms.