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R2013-79 ACCEPTING PROPOSAL AND AUTHORIZING CALL ONE, INC. AGREEMENT
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R2013-79 ACCEPTING PROPOSAL AND AUTHORIZING CALL ONE, INC. AGREEMENT
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8/17/2015 10:35:26 AM
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8/17/2015 10:35:25 AM
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Resolution/Ordinance
Res Ord Num
R2013-79
Res Ord Title
ACCEPTING PROPOSAL AND AUTHORIZING CALL ONE, INC. AGREEMENT FOR CENTREX SERVICE
Department
Management Services
Approved Date
7/15/2015
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Terms and Conditions <br /> 1.Term.Customer hereby orders the Local Exchange,Interexchange and miscellaneous services incident thereto as described herein(collectively,the <br /> "Services")for the term selected by Customer on Page 1 of this Agreement(the"Term")Upon expiration of the Tenn,the monthly recurring charges <br /> applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a <br /> successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying <br /> customer of the expiration of any Term.The Term shalt begin on the later of(i)the date Call One signs the first page of this Agreement and(ii)the date <br /> any installation necessary to begin the Service is completed. <br /> 2.Rates.By executing this Agreement,Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to <br /> the Services that are not specifically identified on Page 1 of this Agreement.If there is any change to Call One's prevailing rates or charges that apply to <br /> the Services,Customer will be notified to Customer in its monthly invoice or in the applicable state tariff,and will be effective as stated therein.If <br /> Customer has elected a Tenn other than Month-to-Month,the monthly recurring charges(each expressed as a rate or as a discount off Call One's <br /> prevailing month-to-month rates)identified on Page 1 of this Agreement will apply to the Services during the Term.Call One shall also bill Customer as <br /> a separate line item all applicable federal,state and other governmental fees,surcharges and taxes. <br /> 3.Authorization.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and <br /> related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or <br /> physical locations listed below and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. <br /> 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitment")that is <br /> not specifically identified as being terminated pursuant to Section 4(b),Customer acknowledges that,in addition to the Terms and Conditions of this <br /> Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any <br /> penalties,fees or charges by virtue of that Third Party Commitment.(b)If as part of Call One's provision of Services Customer has agreed to terminate <br /> a Third Party Commitment(s)identified on Page 1 of this Agreement,Customer agrees that it is solely responsible for the fees associated with such <br /> termination.Further,no discount is provided for the related services unless and until Customer has terminated the Third Party Commitment(s)as <br /> provided above or the Third Party Commitment(s)have expired and Customer has entered a new agreement directly with Call One. <br /> 5.Early Termination/Cancellatlon.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation <br /> of Service(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Tenn,Customer will be liable for an early <br /> termination charge equal to the Term Savings Recovery.In addition,Customer shall also be liable for any installation and/or other non-recurring <br /> charges that were waived.(b)If Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable <br /> expenses incurred by Call One to process the order for Service.(c)The penalty will be calculated as follows:25%x(number of lines guaranteed)x(line <br /> charge+Centrex charge)x(number of months remaining on term). <br /> 6.Inside Wlring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call <br /> One website at www.callone.com.Inside wiring provided by a third party vendor will be billed at their applicable rates and charges.In addition,any <br /> installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. <br /> 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which <br /> may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly <br /> recurring charges for the Services affected or any portion thereof.The foregoing limitation of liability includes any mistakes,omissions,interruptions, <br /> delays,errors or defects in transmission occurring in the course of installing andtor furnishing the Service. <br /> 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's <br /> then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One web site <br /> currently at www.callone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes. <br /> 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent <br /> will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab initio_ <br /> 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed <br /> documents.The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire <br /> agreement between the parties with respect to the subject matter hereof,superseding all prior and contemporaneous understandings,proposals and <br /> other communications,oral or written. <br /> 11.Jurisdiction/Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in <br /> any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and <br /> expressly waive any right to a trial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. <br /> QSJ <br /> Customer initials (/ <br /> Call One initials <br /> Call One Inc. -4 <br /> 225 W Wacker Drive 8th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 <br /> 00 <br /> Page 2 of 2 <br />
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