Terms & Conditions Annex - SIP Trunks

Service Specific Terms and Conditions for SIP Trunks provided by the Company

Definitions - additional to those in the Main Terms and Conditions

SIPT Means SIP Trunking Services
A connection to the PSTN for the purposes of allowing calls to be transmitted or received using VoIP technology using the SIP protocol.
"Activation Date" means the date that the Customer activates a channel or feature via the Provisioning Platform or the date that IC activate the service for use by the Customer.
"Agreement" means these conditions, the Schedules (including Annexes referred to in such Schedules), IC’s Main Terms & Conditions and usage policies as displayed on the IC website.
"Authorised Equipment" means the list of Media Gateways, IP Phones and other CPE tested by IC and confirmed by IC as being compatible with the Service.
"Billing Portal" means the web based portal which is provided by IC to the Customer to enable the Customer to access billing details.
"BT Emergency Centre" means the premises where BT operators answer Emergency Calls.
"Call(s)" means a signal, message or communication which can be silent, visual or spoken, excluding text messages.
"Channel(s)" means the number of concurrent calls or pathways along which calls may be made on a Trunk.
"Charges" means the charges payable by the Customer to IC for the Service and any other amounts payable under this Agreement as set out in Schedule 3.
"CLI" means the telephone number of the originating end user (i.e. the calling party) or the default number of the Customer.
"CLIP" means the number being presented by the customer to the PSTN representing the Customers telephone number.
"Communications Provider or (CP)" means a ’Communications Provider’ as defined in paragraph 1.4(a) of Condition 1 of the General Conditions of Entitlement set by OFCOM pursuant to section 45 of the Communications Act 2003.
"Connect To Number" means the contact number used to connect to the relevant Emergency Services Organisation.
"CRF" is a Customer Requirement Form used by the Customer to either order the Service, or to modify certain aspects of the Service.
"Customer Equipment" means the Customer’s equipment used in connection with the Service.
"CPE" means Customer Premise Equipment, this is equipment provided either by the customer or IC to be used in conjunction with the Service(s).
"Customer Group Company" means a Customer subsidiary or holding company, or any subsidiary of that holding company, all as defined by Section 1159 of the Companies Act, 2006.
"Daytime" means Monday to Friday 7:00am - 19:00 pm.
"Emergency Call" means a Call to 999 or such similar official registered numbers.
"Emergency Calls Access" means the service conveying Emergency Calls as described in Schedule 4 and which forms part of the Service.
"Emergency Services Database" or "ESDB" means the 999 call routing and address database.
"Emergency Services Organisation" means the relevant local public police, fire, ambulance and coastguard services and other similar organisation providing assistance to the public in emergencies.
"End User" means the end user of a Customer Service.
"Evening" means all other times which are not Daytime or Weekend.
"Feature" means a distinguishable software function included in the Software various Features may be grouped together in Feature Packs.
"Feature Pack" means a grouping of specific Features as identified on the IC Website or in specific feature documents provided to the Customer from time to time by IC. IC may make changes to the Features and and/or prices that make up a Feature Pack or introduce new Feature Packs.
"First Level Support" means the handling of calls direct from End Users and not the nominated Reseller or Trained Support Contact, which is the sole responsibility of the Customer under this Agreement. IC will not accept such calls.
"Incoming Calls" means Calls from the destinations with E.164 numbers made to the Customers End Users or Resellers End Users.
"International Destination Network" means a network operated in an overseas country.
"License" means the right, whilst and only whilst the Agreement is in force, for each user point to access the Service. This right does not operate to transfer any intellectual property to the Customer.
"Media Gateway" means CPE that acts as a translation unit between disparate telecommunication networks.
"Minimum Commitment" means the cumulative total level of License(s) / Channel(s).
"MyIC" means the web based portal used by the Customer or end user to create and manage services or features.
"Nominated Contact" or "Trained Support Contact" means the person or persons listed with IC as being responsible for the service from the Customers perspective, a Trained Support Contact is one who has undergone official training from IC in the use and deployment of the Service.
"Number Portability" means an arrangement between the parties whereby an End User’s telephone number ceases to be provided by the losing CP and such End User telephone number is subject to number import onto the Service platform. If the End User telephone number ceases to be used by the Customer then it may be subject to number export to the gaining CP pursuant to the Number Portability rules.
"On Net" means Calls that starts and end on the Service platform.
"Off Net" means Calls that are sent or received from another network (to the PSTN or other IP platform/gateway).
"Outgoing Calls" means Calls from the Customer’s Service platform via their End Users or Resellers End Users, to destinations outside of the Customer’s Service.
"PBX" means public branch exchange.
"Product Description" means the IC IP Voice Service product description as may be amended from time to time which is available on the IC Website.
"Product Handbook" means the handbook or manuals as may be amended from time to time containing information relating to the Service to assist the Customer which is available on the IC Website(s) or otherwise made available to the Customer.
"PRS" or "Premium Rate Service" means a communications service where Call charges include a premium to cover the cost of content and/or an element of the service above the costs and charges attributable to conveyance.
"PSTN" means a public switched telephone network.
"Provisioning Portal" means a portal allowing Customers to place orders for the Service. This may be separate or inclusive of the MyIC Portal.
"Reverse Charging Call" means a Call for which the called end user is requested and agrees to pay the cost of a Call from a person who initiates a Call.
"Second Level Support" means the ability in relation to the Service to resolve the majority of miss-configurations, troubleshoot and simulate complex configuration, hardware, and software problems, support problem isolation and determination of Service specification defects (if possible); define a problem resolution action plan; do in-depth analysis of traces and log files, provide support on all protocols and features, diagnose problems remotely and provide IC with problem descriptions which cannot be resolved by Second Level Support. Second Level Support shall also encompass coordination with third party hardware or service suppliers to resolve any issues of the nature described in Second Level Support.
"Service Delivery Date" means the date by which IC will aim to activate the Service for the End User or the Reseller can commence connecting End User’s to the Service.
"Staff" - means any person employed or engaged by or through the Customer or any subcontractor of the Customer in the provision of a service prior to the commencement of the Service.
"Third Level Support" means troubleshooting and fixing or generating workarounds for software bugs, where software bugs are described as code or database configuration errors found in Software limited to code, not including any configuration changes or database changes made by any parties other than the Supplier. Third Level support will include additional support on all protocols and features, analysis of traces and log files, root cause analysis, installation and configuration support and core dumps for the purpose of fixing software bugs.
"Third Party PSTN Network" means the Public Switched Telecommunications Network of a third party.
"Trunk" means a SIP Trunk or a logical connection between the Customers equipment and our / our suppliers systems over which Channel(s) are provided.
"VoIP" means Voice over Internet Protocol
"Weekend" means from midnight Friday until midnight Sunday.
"Working Day" means 9.00 to 17.00 Monday to Friday, excluding public or bank holidays in the United Kingdom.

Schedule 1 - The Agreement

The customer acknowledges that it is technically impracticable to provide a fault free Service and IC does not undertake to do so.
This service is designed SIP Trunk services only. The Customer acknowledges that the Service is not designed to be a carrier interconnect and that the IC platform for this Service will not support automated diallers of any description. The service is intended for general business use only and specifically excludes call centre and large outbound marketing operations,
IC will use reasonable endeavors to provide an uninterrupted Service, however IC may:
1. for operational reasons, introduce or withdraw Service features, introduce process changes to improve the quality of the Service, change the technical specification of the Service (including Service upgrades) upon giving not less than 28 days notice, provided that any such changes do not have a materially adverse effect on the performance or provision of the Service;
2. give the Customer instructions which it believes are necessary for reasons of health, safety or the quality of the Service or the quality of any other telecommunications services provided by IC to the Customer or any other customer of IC and the Customer must ensure these are adhered to; or
3. interrupt the Service for operational reasons (including planned maintenance) or because of an emergency. IC agrees to restore the interrupted Service as quickly as reasonably possible and, where practicable, IC will give the Customer as much notice as possible; or.
4. take action to protect the Service platform if a Customer or End User is using the platform in a manner that is damaging to the platform. This may involve IC taking actions to block or restrict End User equipment from accessing the Service platform.
The Customer will:
1. appoint a person or persons as a Nominated Contact(s). The Customer’s Nominated Contact will be named in the CRF or via the IC Web Site and they will be the point of liaison between IC and the Customer for issues regarding this Agreement and the Service.
2. The Customer will notify each other of any changes to these details.
Any equipment connected (directly or indirectly) to or used with the Service must be connected and used in accordance with any published instructions, safety and security procedures applicable to the use of that equipment.
Any equipment connected (directly or indirectly) to or used with the Service must be compatible with the Service and where applicable be on the IC Authorised Equipment list which can be found on the IC Website. Any equipment not listed as Authorised Equipment, where applicable, will not be supported by the Service. Where equipment is not supplied by IC it is the Customer’s responsibility to configure, support and test said equipment. Support for Customer supplied equipment is a chargeable service and is at the sole discretion of IC and a connection fee may apply.
The Customer must not use the Service, and must take all reasonable steps, to ensure that the Customer Service is not used:
1. to make nuisance calls;
2. to send, knowingly receive, upload, download, use or re-use material which is offensive, indecent, defamatory, obscene or menacing;
3. contrary to any instructions given by IC
4. in a way that does not comply with the terms of any legislation or any licence applicable to the Customer or End User;
5. in a manner that is in any way unlawful, fraudulent or in bad faith or, to the knowledge of the Customer, has any unlawful, fraudulent or bad faith purpose or effect; or
6. in a manner that in IC’s reasonable opinion could materially affect the quality of any telecommunications service, including the Service, provided by IC.
The Customer must:
1. comply with all relevant legislation and regulation (including but not limited to the Code of Advertising, Sales Promotion and Direct Marketing including Telephone Preference Services (TPS) and any relevant Ofcom guidance on ’misselling’ or ’slamming’) relating to its provision of the Customer Service, including marketing and advertising of the Customer Service and ensure that it has in place at all times processes to monitor and enforce compliance by its staff and agents with such legislation and regulation and to receive and take prompt and effective action on complaints from IC or parties who are authorised to enforce such compliance;
2. b. take all reasonable steps (including testing with the latest commercially available virus detection software) to ensure that any software used with or in conjunction with the Service is not infected by viruses and/or logic bombs, worms, trojan horses and any other type of disruptive, destructive or nuisance programs;
3. monitor the profile of Calls made and received using the Service for potential fraudulent or bad faith use and take reasonable steps to prevent such use;
4. comply with all Number Portability requests including number import and number export;
5. comply with its obligations as set out herein, including the obligation to advise End Users of the limits of the emergency call support provided.
IC will have the contractual relationship with the End User either directly or through its contracts with its Resellers for the provision of the Customer Service.
If the Reseller uses the Service in breach of this clause to supply the Customer Service directly or indirectly to an End User or IC has reasonable grounds to suspect such use, IC may suspend the Service immediately by notice to the Customer.
A Reseller agrees to include and maintain in its contracts with End Users or shall procure in its contracts with its Resellers that such Resellers having a contract with an End User, (as the case may be), has conditions equivalent to those contained in clause 8 and undertakes to IC to diligently and properly enforce such conditions.
The Reseller will indemnify IC against all Liabilities loss, damages, costs and expenses arising or incurred by IC and in respect of any actions, claims or legal proceedings which are brought or threatened against IC by a third party because the Customer is in breach of clause 8.
The Customer acknowledges that use of VoIP, like other network-based services, carries certain security risks to the systems and networks of customers, IC and third parties including, but not limited to: misuse; unauthorized access; alterations; theft; destruction; corruption; and attacks ("Occurrences").
The Customer shall, at its own expense, take security measures including but not limited to use of firewalls, passwords, access restrictions, encryption, policies, and physical access restrictions to protect from Occurrences all VoIP traffic, equipment, software, data and systems located on the Customer’s premises or otherwise in the Customer’s control and used in connection with VoIP, whether owned by the Customer, IC, or IC’s subcontractors.
The Customer agrees that IC is not liable, in contract, tort, or on any other basis, for any loss resulting from any Occurrences or use of such VoIP traffic, facilities or other equipment, software, data and systems. The Customer is responsible for all security measures, even if the Customer uses a third party or IC to configure and implement them.
Billing Additions;
1. Transfer Charge or International calls will be invoiced as soon as conveyed to IC from the carrier or Third Party PSTN Network for the conveyance of the call. Due to the nature of this transaction delays may be present and IC reserves the right to charge the customer up to 6 months following the call being placed for that call without notice.
2. Payment shall not be made by the Customer for a Call where a Call is not successfully conveyed because:
  1. the Call is not answered by the dialled number;
  2. the dialled number is engaged; or
  3. the dialled number is not available.
If either party is unable to do or is delayed in doing what it has agreed under this Agreement because of MBORC then the party affected shall have no liability to the other for that delay or failure to perform.
If as a result of MBORC, the affected party is unable to do or delayed in doing what it has agreed under this Agreement, it shall continue performing those obligations under this Agreement that are not affected by MBORC and in performing those obligations shall use reasonable efforts to deploy its resources so that (when taken with obligations to third parties) there is no undue discrimination against the other party.
Suspension of the service by IC for any breach of the terms shall not constitute a break clause for the contract or any minimum terms, should the severity of the breach be substantial and not reconcilable then the service would be treated as Early Termination if still within minimum terms or as 90 day notice otherwise. Service would be removed immediately and final charges calculated and would become due for payment.

Schedule 2 - The "Service" for SIP Trunking

SIP Trunk Solution is the version of the Service whereby the End Users can either connect their existing PBX to a Media Gateway, or where possible and supported directly to the service and provide IP telephony calls. The Media Gateway or PBX interfaces with the End User’s IP Access Circuit which will pass the call to the Service platform. The End User can use SIP Trunks Service for the purpose of making and receiving Calls.
It is made up of the following components:
1. a platform that will transit voice Calls to and from the End Users
2. business portal and provisioning application;
3. a mandatory training course for a Reseller or Customer;
4. access to the standard Features set out in the Product Handbook and IC Website;
5. access to a range of optional Features; and
6. access to a Support Helpdesk.
It is the Reseller’s responsibility to inform the End User that the following CPE - (which is not an exhaustive list) - will be required at the End User’s premises before the SIP Trunk Solution can be commissioned:
1. Media Gateway;
2. PBX
3. telephone handsets
4. A suitable IP Access Circuit and corresponding data hardware e.g. router, firewalls (suitable being defined as a circuit and hardware specified for the processing / conveyance of VoIP with appropriate service levels, quality assurance and backups for failures).

SERVICE CONSTRAINTS

The Customer acknowledges that some technical limitations with the Service may not become apparent until after the Service has been installed and working for some time. In such circumstances, IC may withdraw the Service or components of the Service
If Calls conveyed via the Service for onward termination to an International Destination Network are abnormally high then IC or IC’s overseas partner may instigate network management control measures.
The Service will not support the following call types:-
1. outgoing Calls to:
  1. 1XX, 1XXX and 1XXXX codes (excluding directory enquiry services)
  2. 070 personal numbering services;
  3. dial up internet and
  4. international free phone (00800)
2. incoming Calls which IC may add from time to time
  1. 070 Personal Numbering Services; and
  2. international Free Phone (00800)
  3. short message service and text messaging
The Customer acknowledges that CPE, IP phones and Media Gateways, being used with the Service must be on the Authorised Equipment list. In the case of IP Phone, ATA’s and Gateways where these are supplied by IC the prices will include support and activation fees. Hardware from 3rd party suppliers will be subject to a £35 activation fee in addition to any other charges and will not be supported, non-approved hardware will be deactivated without warning. Periodic compliance checks will be performed to enforce this policy and charges will be automatically applied to the customers account.
IC reserves the right to not provide the Service or fulfil a CRF at its absolute discretion, including but not limited to where IC:
1. considers that there is a significant credit risk;
2. considers that there is a fraud risk
3. considers that the CRF is inaccurate or incomplete; or
4. reasonably anticipates that the Customer Equipment will not be compatible with the Service.
IC will initiate call barring at a network level to certain international destinations. These destinations will be published on the IC Website. The Customer will need to give notice to IC if they wish any of these destinations to be unbarred and IC will retain sole discretion whether to accept such notice in any individual case based on the circumstances.

IC OBLIGATIONS

IC will provide training for the Customers or Reseller’s nominated personnel. The training dates allocated to the Customer shall be at ICs sole discretion and the training courses available are:
1. a mandatory technical training course for the Service where Hosted VoIP and/or SIP Trunk is being used. The training course has been designated by IC as mandatory for the Customer to ensure that the Customer or Reseller can autonomously set up and manage its End Users. Technical training will cover all aspects of setting up and managing the Service; and
2. Subject to a maximum limit of 4 people.
Additional training shall be available and shall be charged at the rates as advised at the time.
The location of all training courses shall be at ICs sole discretion, but shall be located at an IC designated premises.

TECHNICAL SUPPORT

IC shall provide Second Level Support and Third Level Support to the trained contacts only. It is the sole responsibility of the Customer or Reseller to provide First Level Support to its End Users and IC will not accept any call made to it direct by End Users.
IC will aim to provide the Service in accordance with the Service levels detailed in Schedule 5.

CUSTOMER OBLIGATIONS

The Customer must:
1. where a Customer is a direct customer of IC prior to being provided access to the business portal at least the Nominated Contact must attend a mandatory training course.
2. ensure that the appropriate personnel attend the IC training courses, but IC reserves the right to limit the number of places available for personnel chosen to attend; and
3. give a minimum of 7 Working Days notice to IC of any change to or cancellation of dates agreed for training. Failure to provide such notice will result in the charges being levied.
In relation to Emergency Calls Access, the Customer / reseller must provide IC with initial and accurate End User data and regular updates of that data to ensure accuracy to the IC Emergency Services Data Base, as specified in Schedule 4. The Nominated Contact must ensure any changes to emergency information are submitted to IC as promptly as possible.
The Customer shall submit the CRF to IC within 15 Working Days of this Agreement taking effect and the Customer acknowledges that it shall be responsible for obtaining all necessary permissions and consents before it submits a CRF. In the event that the Customer does not submit a CRF within this time then IC has the right to terminate this Agreement.

NUMBER SUB-ALLOCATION

IC may at its discretion sub-allocate to the Customer geographic and non-geographic number ranges.
The Customer may not request IC to sub-allocate more than 100 consecutive numbers in one order.
A sub-allocated number is provided to the Customer requesting the number(s) for a period of 6 months, if the number is not used within this time i.e. allocated to an End Customer, the number MUST be returned to the Service sub-allocation pool, where it will be held for a period of 3 months before being made available for sub-allocation again. This is to ensure that:
1. there is efficient use of sub-allocated numbers
2. Customers do not purchase numbers which they then do not use
3. IC complies with Ofcom requirements to use the numbers correctly following allocation.
IC may revoke any sub-allocation of a number range on reasonable notice where the Customer is not, in IC’s reasonable opinion actively making use of such numbers.
The Customer must promptly provide IC with such information regarding the utilisation of sub-allocated numbers as reasonably requested.

NUMBER PORTING

the Customer agrees that IC will manage the porting of all numbers to be used in connection with the Customer Service and:
1. The Customer must comply with all relevant legislation and regulation (including codes of practice) regarding porting. For the avoidance of doubt, IC will not port a telephone number where the Customer has not complied with this clause; and
2. If an End User or another Communications Provider requests that a number be ported / exported, the Customer shall comply with all reasonable requests to facilitate such porting;
3. The Customer acknowledges that there may be some restrictions to Number Portability and not all numbers may be ported.
4. Each number port shall be a unique order placed with IC and failed ports will incur a porting failure charge.

ORDER HANDLING AND SERVICE ESTABLISHMENT

Within 15 Working Days of this Agreement taking effect, the Customer must submit a CRF for the Service by email during a Working Day to the email address specified in the relevant section of the CRF, or to such other address or via such other process as advised by IC to the Customer from time to time.
Within three (3) Working Days of receipt of the completed CRF IC shall aim to advise the Customer by email whether it will supply the Service and, if so, detail the next steps. The Customer acknowledges that the Service Delivery Date can only occur once the Customer or Resellers nominated Customer Personnel have completed the mandatory training.

INTERFACES

It is the Customers or Resellers responsibility to provide, manage and maintain the Customer Equipment that will interface with IC equipment and ensure it is compatible.
If the Customer modifies or changes the Customer Equipment in a manner that may have a detrimental impact on the IC Equipment, the IC Service, the PSTN Network, the equipment or network of another customer or otherwise, the Customer must provide IC with 28 days prior written notice and IC reserves the right to immediately suspend or terminate the Service by notice.
Where access equipment has been supplied as part of the service the equipment shall remain the property of IC unless agreed otherwise in writing. The equipment should be insured against all risks and with a reputable insurer, including cover for public liability, material damage and business interruption as are necessary. The End User or Reseller shall produce on demand for inspection by IC adequate proof of such insurance.

SCHEDULED AND UNSCHEDULED OUTAGES

For the purpose of providing new installations, updating facilities and general maintenance, scheduled downtime will occur from time to time. IC will aim provide the Customer with at least five (5) Working Days notice of any scheduled downtime via the technical helpdesk system / IC Website.
IC may occasionally suspend the Service for operational reasons (such as maintenance or Service upgrades) or because of an emergency, but before doing so will give the Customer as much notice as possible and whenever practicable will agree with the Customer, when the Service is to be suspended.

PROVISIONING AND CANCELLATION

IC will use reasonable endeavours to activate the Service by the Service Delivery Date or a Feature by the Activation Date, but shall have no liability for a failure to do so.
A CRF for a Service may be rejected if any information submitted is illegible, inaccurate, incomplete or incorrect.
The Customer may cancel the Service or any part of it up to 2 working days before the Service Delivery Date subject to the Customer reimbursing IC for the costs of any work done and for money spent or onward contractual commitments with 3rd parties being entered into in preparing to provide the Service. IC will take reasonable steps to mitigate the amount of such costs and expense.

CESSATIONS, AMENDMENTS and EARLY TERMINATIONS

The Customer may request the cessation of or the amendment of a License, Feature or Channel quantity. Where the cessation or amendment occurs during the middle of the calendar month IC will calculate the applicable Charge on a pro rata basis (subject to Minimum Terms). The Customer shall request all other technical amendments to the Service by completing and submitting a CRF / order to IC.
The minimum term will be as agreed at point of order or will be 36 months by default and will commence on the date of Service Activation.
Notice of cancellation of service should be served 90 days or more prior to the required termination date.
Where cancellation of services occur within the minimum contract period an Early Termination fee shall apply which shall be calculated from the date of termination until the minimum contract end date at full retail price less 7%. This will be communicated back to the Customer on receipt of a cancellation request and once the Customer confirms acceptance of the charges the cancellation will then be accepted and acknowledged. Non acceptance of the Early Termination charges will render the cancellation request void and service will remain in place until the minimum term expires.
Service alternations in channel quantity is possible during the minimum term subject to the following formula and controls;
1. channel quantities may be increased at any time to any level subject to acceptance of associated charge increases, this will not change or affect the term of the contract which shall continue as is.
2. channel quantities may be lowered / reduced at any time subject to a notice period of 30 days subject to the reduction not exceeding 50% of the maximum count of channels purchased at any point in the contract term and never lower than the initial contracted quantity from the initial order for the Trunk.
All notices for alterations to contracts must be in writing and will only be validated once positively acknowledged and confirmed in writing from IC.

SERVICE ASSURANCE AND PROBLEM MANAGEMENT

The Customer must report all faults relating to the Service only to IC via the Support Helpdesk.
For Severity 1 faults only IC will provide a support and service management facility, 24 hours, 7 days a week and 365 days of the year to the Customer via the IC Helpdesk and out of hours emergency line. The IC Helpdesk will be available to process Severity 2, Severity 3 and Severity 4 faults (as further detailed in Schedule 5) during a Working Day - as detailed under the definition "Business Working Hours" on the "Annex - SLA & Service Credits" Knowledgebase article.
The Customer’s Trained Nominated Contacts will be the only point of contact with IC for the notification of all faults with the Service and fault resolution. IC will not accept fault reports in respect of the Service directly from an End User. If an End User mistakenly contacts IC, the End User will be advised to contact the Customer’s Trained Nominated Contact.
A Reseller agrees to advise all End Users that all faults in the Customer Service must be reported to the Reseller and not to IC
IC is only responsible for faults on the IC network and shall not be responsible for faults with the End Users IP Access Circuits or CPE where not purchased via or under a support contract with IC. If IC does work to investigate or correct a reported fault and finds there is no fault in the Service, the Customer is liable to pay IC’s reasonable costs for the work carried out.
IC will advise the Customer via the support ticketing system once a reported fault has been closed.

Schedule 3 - Charges

GENERAL

The Charges quoted are exclusive of VAT.
Charging for a Call shall commence from when an answer signal is received indicating the media path is complete and cease when a release signal is received indicating that the Call has been disconnected.
Calls are charged on a per second basis rounded up to the nearest second and whole penny with the exception of minimum or fixed fee Calls. Call Charges (with the exception of Reverse Charging Calls) are shown on the IC Website.

CHARGES

The following Charges will apply for the Service (in accordance with order or charges shown on IC Website):
1. service creation and training.
2. SIP Trunk Channels
  the SIP Trunk Channel Charge is a monthly Charge and payable monthly in advance for each Channel, with a minimum as per order from the Activation Delivery Date ;
3. SIP Trunk Optional Licenses
  the SIP Trunk optional Feature charge is a monthly Charge and payable monthly in advance for each Feature, with a minimum term as per order from the Activation Date of the relevant Feature.
4. Number Sub-allocation (one off set up charge per number)
  The Number sub-allocation Charge is a one-off charge for the sub-allocation by IC of numbers to the Customer;
5. Number Portability / Porting Charges including Port Rejections and Failures (one-off)
6. Call Charges
  Call Charges will be payable at the rates set out on the customer portal for Outgoing Calls, shall apply from the Service Delivery Date and will be payable monthly in arrears, unless otherwise agreed in accordance with the applicable IC Policy for Credit Vetting.

FREE TO CALLER CALLS

Where an Outgoing Call is made to a 0800, 0808 and 0500 free phone number it will be free to the End User.
Where an Incoming Call is made to a 0800, 0808 and 0500 free phone number belonging to the Customer, either sub-allocated, or ported to the Service, it will be deemed to be an Outgoing Call and charged to the Customer at the rates set out in the customer portal. If a BT managed or public payphone (or equivalent payphone on the BT network of another payphone operator) or Communication Provider is used to make this type of Call the Customer shall pay the payphone access charge as set out in the BT Price List for a BT payphone; or the relevant regulated payphone access charge in a Communications Provider’s price list for a Communication Provider payphone.
Certain Calls that remain ’On-Net’ will be at zero cost to the Customer. Free to Caller Calls are classified as:
1. End Users or the Resellers End User making calls to another End User from the same company, located at the same geographic location (physical site), both with active SIP licenses
2. End Users or the Resellers End Users making calls to another End User from the same SME, located at a different geographic location (virtual site), both with active SIP Licenses
All other calls made will be charged for in accordance with this Agreement as set out in the portal.

REVERSE CHARGING CALLS

Transfer Charges Calls will be charged at the prevailing rate as set out in the price list on the portal.

Schedule 4 - Emergency Call Access

EMERGENCY CALL ACCESS

Emergency Calls Access forms part of the Service and shall be supplied by BT or Gamma on behalf of IC on the terms set out in this Schedule. However these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of End User connectivity to the Internet for whatever reason. In such circumstances the End User should use their PSTN line to make an emergency call.
Subject to the provisions of this Schedule 4, IC shall convey Emergency Calls to the BT Emergency Centre and, if the geographic location of the Emergency Call can be sufficiently identified, hand over such Calls to an Emergency Services Organisation. This service shall only be available for access where the Emergency call originates from a calling party located in the UK having a telephone number conforming to the National Telephone Numbering Plan, and being either from a geographic number range or from non-geographic number ranges 055, 056, 03 or 08. It may not be possible for emergency services personnel to identify the End Users location and telephone number so this information should be stated promptly and clearly by the End User when making such a call.
For the avoidance of doubt, a Customer may not acquire/order the Emergency Calls Access component of the Service on its own.
IC shall use reasonable endeavours to convey Emergency Calls in accordance with this Schedule.
Without prejudice to the provisions of clause 6 of this Schedule 4, IC shall give the Customer not less than 2 months written notice of any material change to the Emergency Service under this Schedule, or such lesser period as may be agreed with the Customer, such agreement not to be unreasonably withheld.

EMERGENCY CALLS ACCESS PLANNING AND SET UP

The Customer must provide details, for each fixed network termination point or equivalent used, of the telephone number, the Customer’s End User’s name and installation address (including the post code) in an agreed format.

THE CUSTOMER’S OBLIGATIONS

The Customer shall inform IC whether each End User will use, or be likely to use, more than a single network termination point or equivalent.
The Customer shall convey to IC all Emergency Calls with full telephone number information (which may be used by an Emergency Services Organisation to call the Customer’s End User) and shall permit IC to use such telephone number information to ascertain the appropriate Emergency Services Organisation.
The Customer shall in a timely manner handle, process and reply to all enquiries and complaints about Emergency Calls.
The Customer shall provide and as appropriate amend and delete its customer records, maintaining data accuracy by timely provision to IC of the following records:
1. a telephone number that may be used to call the End User; and
2. the End Users name and installation address (including the post code) for each network termination point or equivalent used. For End Users with nomadic applications that use more than one network termination point or equivalent the installation address is (until dynamic methods to update the address can be agreed) the address where the application is normally used.
End User records will be provided in a format as may be agreed from time to time on the Portal to support the handling of Emergency Calls.
The Customer shall be responsible for informing its End Users (and potential End Users) of the limitations of Emergency Calls Access, including the following:
1. that the End User’s equipment used to access the Customer Service requires mains power to make Emergency Calls;
2. that the End User is required to confirm/provide their location when making an Emergency Call to enable the correct Emergency Organisation to respond; and
3. that the Emergency Call may not receive the same network priority as an Emergency Call made on a mobile network or on a circuit-switched fixed line.
Failure by the Customer to comply with this clause of this Schedule 4 will be deemed to be a material breach of the Agreement.

CHARGING

The Customer shall pay IC the Charges specified on the portal for the conveyance of each Emergency Call.

Schedule 5 - Service Levels

SERVICE LEVELS AND FAULT CATEGORISATION

IC shall aim to meet the service levels, as set out in the Annex - SLA & Service Credits section IP Voice Services below is the fault categories:
1. Severity 1, Critical Outage - Problems severely affecting the entire IC customer base for Service, traffic, billing, and maintenance capabilities, and which require immediate corrective action.
2. Severity 2, Major Impact - Problems that cause conditions that seriously affect the entire IC customer base for system operation, maintenance, and administration, and which require immediate attention. The urgency is less than in critical situations because of a lesser effect on system performance.
3. Severity 3, Minor Impact - Problems do not significantly impair the functioning of the entire system and do not significantly affect the entire Service but does affect a Customer in isolation.
4. Severity 4, Informational - This severity is restricted to "How To…." Questions and therefore handled as non-service impacting.
IC shall aim to provide a solution within the target timeframes in the Annex. For Severity 1, Critical Outage and Severity 2, Major Impact issues, IC will aim to provide a temporary solution to temporarily fix the fault with the Service while a permanent solution is developed.
The parties may agree that Severity 1 issues may be downgraded to Severity 2, and Severity 2 issues may be downgraded to Severity 3, following the application of a temporary solution.
To meet these goals, IC may require that the affected End User’s personnel be onsite and that remote access to the Service, or affected product or system be available to allow remote diagnostics and maintenance.
The Service Levels shall only apply to faults traced to the IC Service platform only and not to CPE and broadband connectivity related faults.
The Customer acknowledges that it is technically impracticable to provide a fault free Service and IC does not undertake to do so.

CUSTOMER REPORTING

To assist IC in meeting the service levels, when reporting an issue, the Customer shall provide IC with:
1. the date and time at which the problem occurred;
2. the impact of the problem on the Service including a detailed description of the issue, including:
  1. the components involved; and
  2. the phone numbers involved in the issue.

PORTAL AVAILABILITY

IC shall aim to meet the following service level with regard to Portal availability but the level is a target only and IC has no liability for a failure to meet it, :
1. excluding outages for planned engineering works and emergency maintenance, IC aims to have all portals available for 99.99% of the time, 24/7/365, measured over a 3 month period beginning in January,; April,; July;, and October and measured across the entire platform for the Service.

PLANNED ENGINEERING WORKS

IC will provide 5 Working Days notice of all scheduled outages, notices will be published on the IC helpdesk and via subscribed lists.

Schedule 6 - Service Features and supplemental services

NUMBER PRESENTATION FLEXIBILITY - CLIP

IC provide the ability to allow outbound presentation of any number on a call by call basis and this is an optional feature that is provided for the following purposes only;
1. to permit the PBX to divert an inbound call to a designated number whilst preserving the original callers CLI details to allow the remote party to see the original callers number and if necessary call them back from missed call lists
2. to allow presentation of Customer owned alternative telephone numbers (i.e. mobile number or special marketing numbers)
It is strictly prohibited for the Customer or Reseller to present any number not covered by section a) onto the PSTN network and doing so would breach the terms of service and would result in immediate service suspension.
It is strictly prohibited to present a number that connects to a revenue sharing number or a number that generates excessive or unexpected call charges.
Use of this service is to be done with the utmost care and attention and the End User and / or Reseller hereby indemnifies IC and any related upstream suppliers against any claims by any third party relating to the use of this service.
The End User or Reseller acknowledges that this service may be withdrawn at any time for regulatory legal reasons or if IC suspects its misuse or if it is challenged by any third party.
Any number being presented must be in use, connected to a terminal and capable of receiving calls.

INCLUSIVE CALLS PACKAGE - UK LANDLINE NUMBERS

This package / bundle will provide the Customer with 5,000 minutes of calls to UK landline numbers starting with 01, 02 or 03 per channel subject to the following terms;
1. The package is applied globally to the Trunk and is applied per channel taken in multiples (i.e. 2 x channels on a trunk would provide a total of 10,000 minutes on the Trunk)
2. The minimum contract term for the package will be 12 months and will auto-renew unless otherwise cancelled in advance with 90 days notice
3. If the Customers use exceeds the provided minutes within a monthly period exceeds the provided minutes a warning will be provided and either;
  1. additional channels are purchased to cover the shortfall or;
  2. the package is removed and all calls become chargeable at normal rates for the month and future months
4. The package, Trunk and Channel count shall all be bound together within the package unless cancelled with 90 days notice whereby the calls would become retrospectively chargeable if the cancellation would occur within a term. For the avoidance of doubt if the Customer wishes to cancel the calls package 90 days or more notice should be served to advise that renewal is not wanted and on the renewal date the package shall cease with no penalties or back charges.
The package is supplied in good faith for general business use not for call centres and is subject to a fair use policy where calls would be evenly distributed between chargeable and non-chargeable calls and a fair mixture of both inbound and outbound calls are happening on the Trunk.
The packages are for individual customers and not to be used on a onward sale basis or for wholesale provision of services.
Breach of conditions or abuse of the fair use ideology (as determined by IC) will result in removal of the package and subsequent re-charging for calls.

INCLUSIVE CALLS PACKAGE - UK LANDLINE & MAJOR MOBILE NUMBERS

This package / bundle will provide the Customer with 5,000 minutes of calls to UK landline numbers starting with 01, 02 or 03 and 2,000 minutes of calls to UK major mobile operators (including BT/EE, O2, Orange, T-Mobile, Three and Vodafone) per channel subject to the following terms;
1. The package is applied globally to the Trunk and is applied per channel taken in multiples (i.e. 2 x channels on a trunk would provide a total of 10,000 minutes to Landlines and 4,000 minutes to Mobiles on the Trunk)
2. The minimum contract term for the package will be 36 months and will auto-renew unless otherwise cancelled in advance with 90 days notice
3. If the Customers use exceeds the provided minutes within a monthly period exceeds the provided minutes a warning will be provided and either;
  1. additional channels are purchased to cover the shortfall or;
  2. the package is removed and all calls become chargeable at normal rates for the month and future months
4. The package, Trunk and Channel count shall all be bound together within the package unless cancelled with 90 days notice whereby the calls would become retrospectively chargeable if the cancellation would occur within a term. For the avoidance of doubt if the Customer wishes to cancel the calls package 90 days or more notice should be served to advise that renewal is not wanted and on the renewal date the package shall cease with no penalties or back charges.
The package is supplied in good faith for general business use not for call centres and is subject to a fair use policy where calls would be evenly distributed between chargeable and non-chargeable calls and a fair mixture of both inbound and outbound calls are happening on the Trunk.
The packages are for individual customers and not to be used on a onward sale basis or for wholesale provision of services.
Breach of conditions or abuse of the fair use ideology (as determined by IC) will result in removal of the package and subsequent re-charging for calls.

Document revision 1.1 29/09/2017