Updated on: 8/31/2015 Effective Date: 10/1/2015

 
 
Service Agreement - Terms and Conditions
This Service Agreement (the “Agreement”) is between Innovative Tech Pros, Corp. (“ITP”) and the Customer ("CLIENT"). Services provided are based on the Terms and Conditions contained herein and are subject to change with updated versions of this document available for viewing and download on http://www.itpscorp.com/legal. Updated versions of this document will take effect on the first date of the month following posting of the updated version, with updated versions identified with the month and year they become effective. Customer should therefore check the site regularly for updated versions. Customer accepts said Terms and Conditions, as acknowledged by signature on the relevant Service Order Form (“SOF”), and agrees to be bound by them.
 
VoIP Services (ITP Voice) Fiber Optic Service (ITP Fiber) ITP Cloud Services (ITP Cloud) ITP Managed Services 
 
Definitions:i
 
“911 Services” means functionality that allows end users to contact emergency services by dialing the digits 9-1-1.
“Enhanced 911 Services” means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point (“PSAP), serving the Customer’s Registered Address or user-provided address and to deliver the Subscriber’s telephone number and Registered Address information automatically to the emergency operator answering the call.
“Basic 911 Service” means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Customer’s Registered Address. With basic 911, the emergency operator answering the phone will not have access to the caller’s telephone number or address information unless the caller provides such information verbally during the emergency call.
“ANI” means Automatic Number Identification.
“Customer VoIP Application” means the Class 5 VoIP application provided by Customer in connection with Innovative Tech Pros Two-Way SIP Trunk service.
“DID/DOD” means a telephone number assigned by Innovative Tech Pros to Customer for use by a Subscriber with Innovative Tech Pros Two-Way SIP Trunk service.
“Directory Listings” means the listing of a Subscriber’s telephone number in the ILEC directory for a Market.
“International” means anywhere outside of the continental United States, including Alaska and Hawaii.
“IP” means Internet Protocol.
“LCA” means a geographical local calling area (determined by the applicable ILEC) containing one or more Rate Centers.
“LNP” means local number portability.
“NADP” means the North American Dialing (or Numbering) Plan.
“Operator and Directory Assistance” means live or automated operator assistance for the placement of Subscriber calls, listing services and/or related information.
“PSTN” means the public switched telephone network.
“Rate Center” means a geographic area (determined by the applicable ILEC) within a LCA or Market that is associated with one or more specific NPA/NXX codes. “Registered Address” means the address provided by customer in either written format on (i) appropriate Innovative Tech Pros order forms, (ii) entered into appropriate ITP portals or (iii) other written or verbal communication to Customer’s Innovative Tech Pros sales or post-sales representative, that represents the physical location from which Innovative Tech Pros’s SIP Trunking service and TNs associated with this service will be used.
“SIP” is the signaling protocol used between VoIP networks to establish, control and terminate voice calls.
“Subscriber” means an individual, end-user or telephone device assigned a DID/DOD.
“TN” means a telephone number assigned by Innovative Tech Pros to Customer (or that Customer ports to Innovative Tech Pros) and used by Customer in connection with Innovative Tech Pros Two-Way SIP Trunk for service.
“Toll Free Number” or “TFN” means a telephone number that supports NADP and is assigned by Innovative Tech Pros to Customer or that Customer ports to Innovative Tech Pros for use with the Innovative Tech Pros Two-Way SIP Trunk.
“U.S. Domestic” means the continental United States (excluding Alaska and Hawaii).
“VoIP” means voice over IP.
 
1. Services Provided. Provided that Customer is not in default of its obligations stated herein, Innovative Tech Pros shall provide Customer with the Service ordered in the Innovative Tech Pros Service Order Form, which Service Order Form is incorporated herein by reference, for the Service Term, the Service Term being defined in Section 11. If Customer has purchased or leased Equipment from Innovative Tech Pros or its certified third party leasing company then the Customer must install Equipment in accordance with instructions provided by Innovative Tech Pros (or its third party vendor). In addition Innovative Tech Pros Equipment must be used solely for the purpose of Service utilization. Customer is solely responsible to obtain, use and operate any equipment not provided by Innovative Tech Pros that may be used in association with the Service.
 
2. Service Description. Innovative Tech Pros Two-Way SIP Trunks is a bundled virtual trunking service providing inbound, outbound local and long distance voice services via a Innovative Tech Pros assigned DID. The service will route between a Customer’s IP address and either the PSTN or another IP address with Innovative Tech Pros delivering traffic to the Customer’s gateway device or IP-PBX via an internet protocol connection using Session Initiation Protocol (“SIP”) signaling. Each Two-way SIP Trunk enables a single concurrent call but can be oversubscribed with multiple Innovative Tech Pros assigned DIDs being accessible via a single trunk. Two-way SIP Trunks also include static 911 services, 411, ,inbound caller id, caller location or white page listing. These services require Customer to provide their own legitimate service address. Only TNs or Toll-Free TNs provided by Innovative Tech Pros or ported to the Innovative Tech Pros network can be used in conjunction with this service. ITP Fiber is an internet service product which provides IP transit via IPv4 or IPv6 protocols to the public internet. Other specialized protocols may be utilized upon request. The service will be delivered via ITP owned or leased Fiber Optic cables and requires a CPE device to be installed on the customer premises. A building access agreement will be required for new installations, this agreement allows ITP to install equipment and/or cabling into the premises. ITP Fiber Small Business Plans are "Best Effort" service and does not provide any SLA. For Enterprise circuits please refer to the section labeled SLA in this agreement.
 
ITP Voice is an umbrella name for different services. Services offered are but not limited to: SIP Trunking, Hosted PBX, eFax Services, and SMS.
 
ITP Cloud is a hosted solution by ITP. Services offered are but not limited to: Virtual Desktops, Managed Dedicated Servers, and Custom Application Hosting.
 
3. Service Limitations. Innovative Tech Pros Two-Way SIP Trunk service does not include any Class 5 features (e.g. call waiting, call forwarding, voicemail, etc.), nor will the service provide any of the following call types: 976, 900, or 1010xxx. Outbound local, 911, outbound 800 calls or 411 calls are only available if the call’s originating Automated Number Identification (ANI) is a Innovative Tech Pros assigned DID or a DID that has been ported to the Innovative Tech Pros network. All special configurations for ANY ITP Services are subject to Innovative Tech Pros’s approval and Innovative Tech Pros reserves the right to terminate this agreement where proper interoperability testing has not been completed when required. Any traffic deemed to jeopardize the integrity of Innovative Tech Pros’s network may be blocked by Innovative Tech Pros. If ITP's service is being used via a third party internet connection, no guarantee of services will be provided. ITP will make every effort in ensuring optimal service by providing customer with a CPE device to work with customers existing internet connection. In no event shall ITP be liable for any special, indirect, incidental or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, profits or business interruption), however caused and whether under theory of tort (including negligence), strict liability or otherwise, even if ITP has been advised of the possibility of such damage.
 
Service Moves. Innovative Tech Pros Service requires a contracted Service Address. Innovative Tech Pros Services may not be moved from a contracted Service address without written notification from the customer to Innovative Tech Pros. Should Customer fail to notify Innovative Tech Pros of a service move then Innovative Tech Pros, at its sole discretion, may immediately suspend Customer service until such time as a Customer Move Order is processed. Customer accepts that failure to properly notify Innovative Tech Pros of an intended service move may result in Customer service being E911 non-compliant. Customer understands that said failure may cause incorrect routing of Emergency Services and any consequences of such rest solely with the Customer. Additionally, customer understands that continuation of existing ELS DIDs may be restricted by the location of the moved service.
 
4. Emergency Services Dialing. Customer will have access to either basic 911 or Enhanced 911 (E911) as their default emergency calling service.
With E911 service, when a caller from the Customer’s Registered Address dials the digits 9-1-1, the Innovative Tech Pros telephone number and subscriber’s registered address is automatically sent to the local emergency center serving your location. The emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information to the emergency call-taker. Accordingly, with E911 service, the emergency call-taker will have the caller’s call-back telephone number and registered address information just by virtue of the caller placing the call using the digits 9-1-1. In limited circumstances, Customers equipped with E911 may have their calls routed to the national call center. Please see the description below for an explanation of when this would occur and how this service operates.
With basic 911 service, when a caller from the Customer’s Registered Address dials the digits 9-1-1, the call is sent to the local emergency center serving your location. But operators answering the call will not have automatic access to the caller’s call-back telephone number or the Registered Address because the emergency center will not be equipped to receive, capture or retain Customer’s assigned Innovative Tech Pros telephone number and Registered Address. Accordingly, callers must be prepared to provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address. As additional local emergency centers become capable of E911 functionalities, Innovative Tech Pros will automatically upgrade customers from basic 911 to E911 service. We will not notify Customer of the upgrade. In limited circumstances, Customers equipped with basic 911 may have their calls routed to the national call center. Please see the description below for an explanation of when this would occur and how this service operates.
National Call Center service Certain Innovative Tech Pros customers do not have access to either basic 911 or E911. If Customer does not have access to either E911 or basic 911, emergency calls placed using the digits 9-1-1 will be sent to a national emergency call center. A trained agent at the emergency call center will ask for caller’s name, telephone number, and location and then transfer the caller to the appropriate local emergency center or otherwise determine the best way to provide emergency services to the caller. Like Basic 911, the trained operators answering calls in the national call center will not have automatic access to the caller’s telephone number or Registered Address information because the national call center is not equipped to receive, capture or retain Customer’s Innovative Tech Pros telephone number and Registered Address, so the caller must be prepared to provide this information.
DISCLAIMER OF LIABILITY:
CUSTOMER ACKNOWLEDGES AND AGREES THAT Innovative Tech Pros’S SERVICE IS INTERNET BASED AND THAT 911 SERVICES ARE DIFFERENT THAN THAT OF TRADITIONAL WIRELINE SERVICE. FOR BASIC 911 OR E911 TO BE ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, THE CUSTOMER MUST PROVIDE THE TN ASSOCIATED WITH THE TWO-WAY SIP TRUNKING SERVICE FOR THE REGISTERED ADDRESS, IN THE ‘USERPART’ OF THE ‘FROM URI’ CONTAINED IN THE SIP ‘FROM’ HEADER.
CUSTOMER ACKNOWLEDGES THAT THE BANDWIDTH TWO-WAY SIP TRUNK SERVICE MAY NOT SUPPORT BASIC 911 OR E911 DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE. CUSTOMER AGREES TO INFORM OF THE POTENTIAL COMPLICATIONS ARISING FROM BASIC 911 OR E911 DIALING. SPECIFICALLY, CUSTOMER ACKNOWLEDGES AND AGREES TO INFORM ALL EMPLOYEES, GUESTS, AND OTHER THIRD PERSONS WHO MAY USE THE SERVICE THAT BASIC 911 AND E911 SERVICES WILL NOT FUNCTION IN THE CASE OF A SERVICE FAILURE FOR ANY OF THE FOLLOWING REASONS: (A) POWER FAILURES, (B) SUSPENDED OR TERMINATED BROADBAND SERVICE, (C) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, AND/OR (D) ANY OTHER SERVICE OUTAGES NOT DESCRIBED HEREIN. CUSTOMER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE A CORRECT PHYSICAL ADDRESS IN THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 OR E911 CALLS TO BE ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. FURTHERMORE, CUSTOMER RECOGNIZES THAT USE OF THE SERVICE FROM A LOCATION OTHER THAN THE LOCATION TO WHICH THE SERVICE WAS ORDERED, I.E., THE “REGISTERED ADDRESS,” MAY RESULT IN BASIC 911 OR E911 CALLS BEING ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.
CUSTOMER ACKNOWLEDGES AND AGREES THAT Innovative Tech Pros, ITS UNDERLYING CARRIER, OR ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY SERVICES OR IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. CUSTOMER FURTHER AGREES AND ACKNOWLEDGES THAT IT IS INDEMNIFYING AND HOLDING HARMLESS Innovative Tech Pros FROM ANY CLAIM OR ACTION FOR ANY CALLER PLACING SUCH A CALL WITHOUT REGARD TO WHETHER THE CALLER IS AN EMPLOYEE OF THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD HARMLESS AND INDEMNIFY BADNWIDTH.COM FROM ANY CLAIM OR ACTION ARISING OUT OF MISROUTES OFANY 911 CALLS, OR WHETHER LOCAL EMERGENCY RESPONSE CENTERS OR NATIONAL EMERGENCY CALLING CENTERS ANSWER A 911 CALL OR HOW THE 911 CALLS ARE HANDLED BY ANY EMERGENCY OPERATOR INCLUDING OPERATORS OF THE NATIONAL CALL CENTER. THE LIMITATIONS APPLY TO ALL CLAIMS REGARDLESS OF WHETHER THEY ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANT, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY.
 
5. Service Availability. The Service is available throughout the Service Term, except in the case of scheduled maintenance of the Innovative Tech Pros network and/or its underlying carrier’s network. Innovative Tech Pros will use commercially reasonable efforts to provide prior notification via electronic mail (“email”) to Customer regarding any scheduled maintenance of Service. Innovative Tech Pros may interrupt its provision of Service for unscheduled emergency maintenance without notice to Customer or Customer’s customers.
 
6. Porting Numbers. Innovative Tech Pros will require a completed and signed Letter of Authorization (“LOA”) for any numbers or toll free numbers the customer wishes to port. Applicable LOAs are attached hereto. In addition, Innovative Tech Pros will require a recent, applicable copy of the Customer’s current phone bill which contains the Customer’s Billing Telephone Number (“BTN”) as well as a record of any numbers that need to be ported. Necessary LOA(s) and Bill Copy(s) must be received by Innovative Tech Pros before Innovative Tech Pros initiates the port request.
 
7. Service Activation Date. Innovative Tech Pros will work with the Customer to establish an initial activation date upon which the ITP Service will be activated. This date will be based on the Customer’s requested date as well as the Confirmed Port Date Innovative Tech Pros receives from its underlying provider or any other coordinates events. The Confirmed Port Date is the date upon which the Customer’s current voice provider has agreed to port the numbers to Innovative Tech Pros. The Confirmed Port Date typically cannot be set any earlier than two (2) to four (4) business weeks after the port request was initiated. Upon submission of the port request, Innovative Tech Pros will request a port date that coincides as closely as is reasonably possible with the initial activation date arrived at with the Customer. However, since the port interval is a product of the accuracy of the information provided to Innovative Tech Pros by the Customer as well as the processing speed of the Customer’s current voice provider, Innovative Tech Pros makes no guarantees about how soon a Customer’s number can be ported, but will work with its underlying carrier and the Customer to make sure the port date coincides as closely as possible with the activation date requested by the Customer. When Innovative Tech Pros receives the Confirmed Port Date, Innovative Tech Pros will assign a Service Activation Date based on the aforementioned criteria and will communicate this date to the customer. If the Customer wishes to change the requested service activation date, Customer must communicate, in writing, the new requested date to their VoIP Installation Specialist within forty-eight (48) hours of the issuance of the service activation date. Such further date changes by Customer will be met by Innovative Tech Pros on a best effort basis
 
8. Service Activation Appointment. Innovative Tech Pros will attempt to arrange an Activation Appointment with the Customer on the Service Activation Date, whereupon, a Innovative Tech Pros Service Activation Specialist will contact the Customer to provide relevant information and facilitate test calls. Such test calls will consist of outbound and inbound calls between the Customer site and Innovative Tech Pros . It is the customer’s sole responsibility to ensure that their premise and all equipment is prepared for service activation by the Service Activation Date. If using an on-site Phone System, please ensure the phone vendor is contacted to coordinate the activation of services. For ITP Fiber, please ensure the IT Support company or personnel is contacted to coordinate the activation of services. The Service Commencement Date shall be the date when the voice or data components are delivered and confirmed by a Innovative Tech Pros Confirmation email, whether or not an Activation Appointment has occurred. The Service Commencement Date shall equal the first date of billing for the services delivered.
 
9. Service Term. The initial Service Term for the Innovative Tech Pros Service provided to Customer shall be at least one (1) year and up to three (3) years from the Service Commencement Date depending on the Service Term selected on said Service Order Form, Quote or Proposal. After such initial term, Service shall continue to be provided on a month-to-month basis, unless terminated in writing by Innovative Tech Pros or by Customer via email or written correspondence.  The initial Service Term plus the continuation of Service as provided in this Section 11 are referred to collectively as the “Service Term.” (The Agreement Term is coterminous with the Service Term.)ITP or Client shall have the right to terminate this Agreement under any of the following conditions:
  1. If the Client does not pay ITP within sixty (60) days from receipt of ITP’s invoice and/or otherwise materially breaches this Agreement.
  1. Either party may terminate this Agreement upon thirty (30) days written notice. An Early termination fee will be assessed if this agreement is terminated by the CLIENT before the Service Term has ended. Any remaining months will be totaled and billed in one lump sum.
 
10. Service Support. Innovative Tech Pros provides support for the Services as described at www.itpscorp.com.
 
11. CPE Maintenance, Support, and Repair. If Customer has rented CPE from Innovative Tech Pros, then Customer shall allow Innovative Tech Pros reasonable access to the CPE as required to provide Service ordered by Customer. Equipment provided for service may be new or recertified. All CPE and CPE provider service purchased from Innovative Tech Pros is subject to the terms and conditions set forth in the Manufacturer’s or Publisher’s warranty, end-user license, or agreement applicable to such CPE or CPE provider service, with no warranty of any kind from Innovative Tech Pros. Customer shall reimburse Innovative Tech Pros, on a time and materials basis as documented in an invoice, for the entire cost to repair and/or replace CPE in the event of (a) misuse, (b) failure to exercise reasonable care, (c) altering original Innovative Tech Pros configuration, (d) damage, (e) theft, or (f) disaster. If Innovative Tech Pros CPE requires maintenance not caused by one of the events set out in the sentence above, Innovative Tech Pros or its agents shall either arrange to repair the CPE at Customer’s premises or ship an equivalent pre-configured replacement to Customer. If replacement CPE is shipped to Customer, Customer shall return the faulty CPE to Innovative Tech Pros within ten (10) days of receiving the replacement CPE or pay for such CPE. Customer will not receive compensation for downtime associated with CPE replacement or repair. In addition, if Customer has rented CPE, Customer shall return (at Customer’s own expense) Innovative Tech Pros CPE to Innovative Tech Pros within ten (10) days of termination. If this CPE is not returned in good working condition to Innovative Tech Pros Customer shall be invoiced and pay for this CPE. Should Customer terminate CPE rental prior to fulfillment of initial or renewal service term then Innovative Tech Pros may charge Customer a twenty percent (20%) restocking fee, as calculated according to the original purchase price of rented CPE.
 
12. CPE Purchase. All CPE and CPE Provider Service purchased from Innovative Tech Pros is subject to the terms and conditions set forth in the Manufacturer’s or Publisher’s warranty, End-User license or agreement applicable to such CPE or CPE Provider Service, with no warranty of any kind from Innovative Tech Pros. Should customer receive purchased CPE that is damaged or dead on arrival Customer must notify Innovative Tech Pros Customer Care within ten (10) days of receipt. Returns will only be accepted on brand new factory-packaged products within thirty (30) days of the date CPE was shipped. All products must be fully complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. Products returned in used or altered condition will not be accepted. After thirty (30) days from initial product ship date, all sales are final. Customer is responsible for shipping charges to the Innovative Tech Pros distribution center for all products being shipped for return or exchange. Customer is responsible for all risk of loss and damage to products being shipped for return or exchange. Should Customer desire to return or exchange purchased CPE, pursuant to the above conditions, then Customer must e-mail Customer Care at support@itpscorp.com to request a Return Materials Authorization (RMA). All returns and exchanges will incur a twenty percent (20%) restocking fee, as calculated according to the original purchase price. If the RMA is in response to CPE delivered dead on arrival or damaged, and said CPE is found to be operating within manufacturer specifications upon return, said CPE shall be subject to the restocking fee outlined above.
 
13. Charges for Service. The monthly recurring charge(s) (“MRC”) and any non-recurring charge(s) (“NRC”) for Service is stated in said Service Order Form. Service charges are exclusive of applicable taxes and surcharges, including the Federal Universal Service Fund surcharge that Innovative Tech Pros passes on to its Customers if it is charged to Innovative Tech Pros. At its sole discretion, Innovative Tech Pros may require a security deposit to continue providing Service should Customer’s credit profile yield insufficient credit. Additionally, at its sole discretion, Innovative Tech Pros reserves the right to demand immediate payment by wire and block Customer’s voice or data traffic should Innovative Tech Pros determine Customer’s usage exceeds their approved level of credit. Except for items outlined in this agreement, Innovative Tech Pros shall not increase pricing during the initial Term of a Customer Order, but thereafter Innovative Tech Pros may increase pricing upon at least thirty (30) days’ written notice. All rates and charges are subject to change immediately in the event there are mandated surcharges or taxes imposed by federal, state or governmental agency. Notwithstanding the foregoing, in the event of Regulatory Activity, Innovative Tech Pros reserves the right, at any time with as much advance written notice as reasonably possible and without liability, to: (i) pass through to Customer all, or a portion of, any changes or surcharges or taxes directly or indirectly related to such Regulatory Activity; (ii) modify the Service, rates (including any rate guarantees), promotions, terms and/or conditions of this Agreement in order to conform to such action; or (iii) if such Regulatory Activity materially and adversely impairs the provision of Service under the Agreement, as reasonably determined by Innovative Tech Pros, terminate the Agreement.
 
14. Billing Disputes. In the event Customer disputes any invoiced charges, Customer shall pay all undisputed charges and submit written notification of the dispute, with supporting documentation, within thirty (30) calendar days of receipt of the invoice in question. Innovative Tech Pros shall respond to Customer, in writing, within thirty (30) calendar days of receiving a dispute notification from Customer. Any dispute resolved in favor of Customer shall be credited as appropriate on the next available invoice. In the event that any disputed amounts are deemed to be correct as billed and in compliance with this Agreement, Customer shall be notified in writing that the charges have been deemed valid and legitimate and the charges in question shall be due and payable by Customer upon the original Due Date or immediately upon receipt of said notification if Due Date has passed.
 
15. Specific Charges for Two-Way SIP Trunk Service.
Disconnect Charges: For any request to disconnect or port out a Innovative Tech Pros assigned TN, a non-recurring charge of $5 per TN will be charged.
LNP Charges: For cancelled LNP request more than 48 hours before FOC, a non-recurring charge of $6 per TN will be charged. For cancelled LNP requests within 48 hours of FOC, a non-recurring charge of $75 per TN will be charged. For any request to reinstate, within 24 hours, a newly ported phone number to the original carrier, a non-recurring charge of $300 per number will be assessed.
Payphone Surcharges: In the event the Customer’s 800/Toll-Free TN receives any inbound calls originating from a Payphone, these calls will be subject to a charge per call. The charges are based on regulated FCC Payphone Compensation rules. These regulatory charges (approximately $0.60 per call) will be passed through directly to the customer.
Call Duration Thresholds: All per minute rates (Interstate LD, Intrastate LD, Local if applicable, 800 Domestic) assume at least 95% of calls terminating will be of a call duration of no less than six (6) seconds in length. If 5% or more of Customer’s completed calls are equal to or less than six (6) seconds in length during any billing cycle then Innovative Tech Pros reserves the right to charge, and Customer shall pay, a $0.03 charge per short duration call. This charge will be in addition to Customer’s current rates.
Local & Inbound Minute Thresholds: Each Two-Way SIP trunk is subject to a monthly cap limiting the amount of inbound and local outbound minutes to two-thousand (2, 000) per trunk. Any inbound or local outbound minutes exceeding 2, 000 will be billed at $.018 per minute. This cap is a soft cap, meaning that its enforcement will not be automatic but will be at the discretion of Innovative Tech Pros should the customer’s usage exceed this usage cap in any given month.
Long Distance Minimum Threshold: For any month in which the average sum of a Customer’s Two-Way SIP Trunks’ interstate, intrastate or international long distance traffic does not reach 300 minutes, Innovative Tech Pros reserves the right to enforce a minimum threshold of 300 minutes. The per-minute rate applied will be $.019. This threshold is a soft threshold meaning that its enforcement will not be automatic but will be at the discretion of Innovative Tech Pros should the customer’s long distance usage not reach the minimum threshold in any given month.
Call Rating: Calls will be rated as local calls if they terminated within subscriber’s Local Calling Area associated with the call’s originating ANI (which must be a Bandwdith.com assigned DID). All calls outside of a Subscriber’s Local Calling area shall be rated as either intrastate, interstate or international long distance. This distinction of inter versus intrastate versus international long distance will be determined based on the Originating Automatic Number Identification (ANI) and Terminating ANI provided in the call signaling. Innovative Tech Pros utilizes the value in the ‘FROM’ field in the SIP header as the Originating ANI for establishing the jurisdiction of the call (i.e. interstate versus intrastate versus international). However, in the event a value is present in any of the SIP header fields used for caller id (e.g. Remote Party ID, P-Assert-Identity), Innovative Tech Pros may use this in lieu of the “FROM” field as the Originating ANI to determine the jurisdiction of a call. If Innovative Tech Pros cannot accurately rate a call due to an invalid or omitted Originating ANI, and its rating jurisdiction is not international, Innovative Tech Pros will default to rating the call at the prevailing Intrastate long distance rate. ITP will determine the originating or terminating carrier by evaluating the Terminating ANI down to the NPA-NXX-X level. Customer is also required to maintain the originating ANI for all outbound calls and abstain from any level of ANI manipulation in the call signaling.
Local Call Rating Exclusion: Rating outbound calls as Local only applies to calls that utilize telephone numbers (DIDs) assigned by Innovative Tech Pros or that have been ported to Innovative Tech Pros’s service as the originating ANI. Termination of calls from DIDs not provided by Banwidth.com or ported to Innovative Tech Pros’s service will be rated as either Interstate or Intrastate long distance. This distinction of inter versus intrastate long distance will be determined based on the Originating Automatic Number Identification (ANI) and Terminating ANI provided in the call signaling. If Innovative Tech Pros cannot accurately rate a call due to an invalid or omitted Originating ANI, and its rating jurisdiction is not international, Innovative Tech Pros will default to rating the call at the prevailing Intrastate long distance rate.
International Rates: If no rate schedule is attached, international rates are available at www.itpscorp.com/voip/rates/international. International per minute rates are subject to change. Innovative Tech Prosreserves the right to block all or a number of high cost, international routes. Customers may request to have this block removed by requesting in writing to support@itpscorp.com and copying their dedicated Innovative Tech Pros account executive.
Interstate LD Rates: All interstate dialing will be billed at the quoted flat, per-minute rate or rate schedule. LD interstate calls terminating to Alaska are an exception and will be billed at a $.30 per minute rate.
Intrastate LD Rates: Intrastate calls are rated and billed at a flat, per-LATA per-minute rate.
800 Domestic Rates: Domestic 800 inbound calls are billed at the quoted flat, per-minute rate of $0.029. 800 service is only available to 800/Toll-free DIDs provided by or ported to Innovative Tech Pros’s network.
800 Offshore Rates: 800 inbound calls are rated at the quoted flat per minute rate or rate schedule with the exception of calls originating from the following locations:
1. Alaska $.45
2. Canada $.08
3. CNMI $.30
4. Guam $.15
5. Hawaii $.05
6. Puerto Rico $.19
7. USVI $.18
Directory Assistance and Operator-Assisted Dialing: Innovative Tech Pros’s Two-Way SIP Trunk service may provide Directory Assistance (i.e. 411) and traditional Operator Assisted Dialing. Specific per call or per minute of use rates may apply.
RBOC / Wireless Thresholds for Flat Rate Charges: All flat-rate per-minute rates (Interstate LD, Intrastate LD, 800 Domestic) assume at least 75% of calls terminate (or originate for 800 domestic inbound) on either an RBOC or Wireless PSTN providers. If this threshold is not met, Innovative Tech Pros reserves the right to charge up to an additional $.06 per minute on the number of minutes needed to meet this threshold.
Usage Charges Incurred with Bulk Forwarding Number Management to the PSTN: Innovative Tech Pros provides the capability for inbound calls to a TN associated with this service to be forwarded to a number on the PSTN (i.e. landline or cell phone) or another VoIP line. Should Customer utilize this feature, Customer will incur any applicable usage charges for the inbound leg to the original TN in addition to usage charges for the outbound forwarded leg which may be rated as interstate or intrastate depending on the TN of the originating caller or value used in the caller-id field. It is important to note that if an inbound call is forwarded to another of Customer’s Innovative Tech Pros provided TNs, the usage associated with the forwarding leg will be billed as either local, intrastate or interstate.
16. Service Level Agreement
Unless otherwise noted in a superseding agreement, the Service Level Agreement ("SLA") will be as follows for Enterprise Circuits:
 
This SLA uses the following conventions to refer to times and percents:
• Times expressed in the format "hours:minutes" reflect a 24-hour clock in the Eastern time zone.
• Times expressed as a number of "business hours" include from the hours from 9:00 to 17:00.
• Times expressed as a number of "business days" include business hours, Monday through Friday, excluding designated holidays.
• Percentages are based on a full year unless otherwise stated.
 
Measurement Definition Performance Target
Service Availability Percent The percent of time that all ITP Services is available minus the impact time from any events (scheduled or unexpected) other than loss of network or other contingencies related to customer premises equipment 99.9%
Problem Response The time required for a user to receive a response after reporting a problem to the Help Desk 1-High Priority Within 1 hour 2-Normal Priority Within 1 business day3-Low Priority Within 2 business days
Problem Circumvention or Resolution Time The time required for a user to receive a circumvention or a solution after reporting a problem to the Help Desk 1-High Priority Within 4 hours 2-Normal Priority Within 1 week3-Low Priority Within 2 weeks
 
ITP prioritizes requests for support according to the following priority-level guidelines:
 
1-High Priority: ITP Services are not operational for 50% or more users during scheduled availability.
 
2-Normal Priority: A minor function of any ITP service is not operational for one or more users (who can continue to use other functions). A customer has questions about the service functionality or needs assistance in using the service. A customer needs administrative assistance.
 
3-Low Priority: The service is not operational for one or more users outside the hours during which the service is scheduled for availability.
 
Service Credits:
 
In the event the SLA is breached, credit will be applied towards customer account the following month based on the amount of downtime experienced.  For every hour of downtime a credit of the total hours in a month, divided by the average monthly charge, times the downtime hours will be applied upon request.
 
 
18. Billing Increments. Billing increments are set forth below.
Terminating Destination Initial Billing Increment
(Seconds)
Additional Billing Increment
(Seconds)
US Domestic 6 6
International (excluding Mexico) 30 6
Mexico 60 60

  10. CONFIDENTIALITY  

  1. ITP shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of the Client’s business (“Confidential Information”) learned by ITP in the course hereof.