HomeMy WebLinkAboutAddendum - 5Executive Services Department
Memorandum
DATE:March 11, 2024
TO:Kristi Rowland, Deputy Chief Administrative Officer
CC:Young Yoon, Information Technology Director
FROM:Brett Tietjen, Network Systems Manager
SUBJECT:SIP Telephone Services
This memo is in lieu of our standard contract template which allows for signature by
both parties.
Attached for your review and signature is Amendment No. 5 to CAG-22-348 with G12
Communications. The purpose of this Amendment is to add an additional SIP line to our
agreement, which is in line with our plan to transition all phone lines to SIP. The total
annual cost for this line will be $738.77.
Attached are the following documents:
1. Amendment No. 5 to CAG-22-348
Approved By: _____________________________
Kristi Rowland, Deputy
Chief Administrative Officer
_____________________________
Date
CAG-22-348, Adden #5-24
Our Solutions
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Teams Phone - Operator Connect
Streamline your collaboration and unleash the power of Microsoft Teams Phone through
our certied PSTN connectivity. Simplify your phone system by using any Teams-enabled
device for inbound and outbound calls via desktop or web clients.
Teams Text Messaging
Expand your omnichannel communication to include SMS and MMS by enabling your
Microsoft Teams voice number with a fully integrated texting experience that mimics
mobile texting.
Teams Contact Center
Deliver customer experiences that exceed customer expectations with a fully integrated
Teams Contact Center allowing you to use Microsoft Teams as the central platform for all
internal and external communications.
Teams Attendant Console
Enhance your Microsoft Teams Phone system with call management features that
empower receptionists and operators to deliver exceptional customer experiences through
precise call handling with multiple transfer options and powerful contact search
capabilities.
Managed Teams Phone (Built & Supported by G12)
Fast track your Microsoft Teams Phone implementation by letting G12 activate your Teams
Phone service, assist in system and call ow design, build out your Teams Phone PBX, and
provide training to your Teams Admins and end users.
Business Phone - Cloud PBX
Embrace remote work, stay competitive, and access enterprise-grade functionality with our
cloud PBX solution, complete with 24/7 US-based support, georedundancy, and powerful
functionality.
Cloud Faxing
Modernize the way you send faxes with a scalable cloud faxing solution. Send faxes from
anywhere, enhance document visibility, and eliminate support and maintenance costs by
bringing your faxes to the cloud.
Business Phone Connectivity (SIP Trunking)
Improve the reliability of your communications without paying for unused channels. Gain
access to a geo-redundant network and explosive, on-demand scalability that keeps up
with your communication needs.
Doc ID: 8f729d32246c1dd1b72bc5e1461528b5021c7862
City of Renton- SIP New
City of Renton
1055 S. Grady Way
Renton, WA 98057
United States
Brett Tietjen
btietjen@rentonwa.gov
Reference: 20240227-160328791
Quote created: February 27, 2024
Quote expires: May 27, 2024
Quote created by: Garret Easthouse
geasthouse@g12com.com
Doc ID: 8f729d32246c1dd1b72bc5e1461528b5021c7862
Products & Services
Item & Description SKU Quantity
Unit
Price Total
SIP Trunking Service M-
SIPTrunk
23 $17.99 /
month
$413.77
TNs (DIDs) M-TN-
DID
1300 $0.25 /
month
$325.00
Subtotals
Monthly Subtotals $738.77
Total $738.77
Purchase terms
G12’s SIP Trunking provides on-demand scalability
and PSTN connectivity to any on-premise phone
system (IP PBX or Cloud PBX). This service allowss
customers to scale their capacity on demand and
features virtual call sessions, DIDs, and 911 routing
using a highly available and geo-redundant
network that’s also Avaya and Mitel certied.
for 1 year
Inventory charge for used and unused DIDs.for 1 year
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General Terms and Conditions for Delivery of Service
These General Terms and Conditions are between G12 Communications LLC ("G12") and the
individual or entity identied as the customer (“Customer”) in the Service Order Form (“SOF”)
executed by G12 and Customer, each individually referred to as a “Party” and collectively referred
to as the “Parties”. This “Agreement” consists of (i) the Service Order Form(s) and any forms,
schedules or authorizations attached thereto and/or incorporated therein by reference, (ii) these
General Terms and Conditions, (iii) VOIP 911 Service Disclaimer and Customer Acknowledgment
(“911 Notice”) and (iv) Acceptable Use Policy (“AUP”), (v) Texting Supplemental Terms, (vi)
Completion Notice. This Agreement sets forth general terms and conditions under which
Customer is purchasing G12 services pursuant to the SOF. The Parties agree to be bound by this
Agreement as of the day the SOF is fully executed by the Parties (the “Effective Date”) and
afrm that each have caused this Agreement to be executed by their respective duly authorized
representatives on the dates written below their names on the SOF.
1. Services and Denitions.
1.1 The term “Service” shall mean any of the “Products” or “Services” as described in Section 1.2 or
from time to time on G12’s website including all software, equipment, and other features,
products and services provided by G12 under the pricing plan(s) selected by the Customer in the
applicable SOF(s). G12 will provide the Services referenced on the SOF(s) in accordance with the
terms of this Agreement. G12 reserves the right, at its sole discretion, to decline orders and
require Customer to post appropriate advanced deposits for new and existing Services.
1.2 Service Denitions.
1.2.1 SIP Trunking provides on-demand scalability and PSTN connectivity to any on-premise
phone system (IP PBX or Cloud PBX). This service allows customers to scale their capacity on
demand and features virtual call sessions, DIDs, and 911 routing using a highly available and
geo-redundant network that’s also Avaya and Mitel certied. 1.2.2 Cloud PBX service delivers
hosted PBX and premium unied communication features in the cloud. With only an Internet
connection, customers can support exible, remote, and hybrid work. Our Cloud PBX supports
any size business looking to deploy enhanced features with greater exibility at a lower cost
using physical phones, softphones, or mobile devices. This service delivers premium features,
including mobility, softphone, rich messaging, group chats, call center integrations, SMS, and
other advanced features. With Cloud PBX, G12 designs, builds, manages, maintains, and
supports the cloud-based phone system for the customer. 1.2.3 Cloud PBX with Microsoft Teams
is part of our Connect to Teams suite. This service integrates G12’s Cloud PBX phone system with
Microsoft Teams providing full interoperability with the Teams softphone and mobile device.
Connect to Teams is ideal for customers looking to integrate the advanced enterprise features
available in G12’s Cloud PBX into Microsoft Teams. G12 designs, builds, manages, maintains, and
supports the cloud-based phone system for the customer and provides full integration to
Microsoft Teams to unlock additional cost-savings, introduce exibility, a single interface for
management, and fully managed phone system support. Customers must have a Microsoft
Teams license that includes the Microsoft phone system. 1.2.4 Operator Connect is a Microsoft-
based PSTN calling solution that’s powered by certied providers. G12 is a Microsoft certied
Operator Connect provider. G12 Operator Connect allows companies to make and receive phone
calls directly in Microsoft Teams — with both self- service (per user pricing) and fully managed
options available. With self-service, customers can add numbers, port existing ones, and
manage their entire phone system. Meanwhile, our fully managed option provides PSTN
connectivity and design, build, and ongoing system support for any Microsoft Teams phone
system. 1.2.5 Contact Center as a Service provides any-sized business with intuitive
communication tools designed to enhance contact center capabilities. CCaaS provides chat,
email, specialized channel queues, outbound notications, campaigns, scheduling manager,
custom CRM integrations, advanced self-service customizable IVR applications, and more. The
system uses APIs to integrate with existing productivity tools. Our CCaaS solution provides
extensive built-in customizable reports to help visualize trends, identify customer service issues,
improve customer interactions, and improve overall customer support by giving companies full
visibility into both remote and hybrid agent productivity.
2. Obligations of the Customer.
The Customer agrees to provide all information, access, and support for timely installation and
proper use of the Service and to comply with all of the terms and conditions of this Agreement.
The Customer also agrees that Customer’s use of the Service will at all times consistent with the
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terms outlined in the G12 Communication’s AUP and will not be used in an unlawful manner,
and will be used in such a manner as to prevent damage to G12 network and equipment.
3. Customer Representations.
The Customer represents and warrants that: (i) their primary residence or business address is in
the United States, (ii) they are at least eighteen (18) years of age and possesses the legal right
and ability to enter into this Agreement, and (iii) the Customer name, contact information and
registered location are true and correct and, if for business use, the Customer is authorized to
act on behalf of such business. Customer acknowledges and agrees that G12 relies on the
information supplied by Customer and that providing false or incorrect information may result
in delays in the provision and delivery of the Services, the suspension or termination of the
Services, additional fees or charges, and the inability of a 911- dialed call to be correctly routed to
emergency service personnel (as further described in the 911 Notice executed by Customer
contemporaneously with the SOF). Customer agrees to promptly notify G12 whenever personal
or billing information changes, including, but not limited to, Customer’s name, address, e-mail
address, telephone number, and credit card information.
4. Term Commitment.
For each Service, excluding OC Services, THE SERVICE WILL BEGIN THE DAY WHEN ALL OR
ANY PORTION OF THE SERVICE IS FIRST INSTALLED AND MADE AVAILABLE TO THE
CUSTOMER OR 30 DAYS FROM THE DATE THE SERVICE ORDER IS EXECUTED, WHICHEVER IS
EARLIER (“Commencement Date”). With respect to OC Services, the Commencement Date is
the day the service order is executed. Customer agrees to pay for the quantity of Services
actually provisioned even if such quantity differs from the SOF. The Service will begin on the
Commencement Date and continue for the number of months/years set forth in the applicable
SOF (the “Initial Service Term”). If the SOF does not state a term, the Initial Service Term will be
one (1) year. Upon expiration of the Initial Service Term, the Service automatically renews for
successive one (1) year terms(the “Renewal Service Terms”) at the rates in Customer’s SOF unless
either Party provides notice of intent to terminate the Service at least thirty (30) days prior to the
end of the Initial Service Term or the Renewal Service Terms, whichever is applicable at the time
of termination (the Initial Service Term and Renewal Service Terms may be collectively referred
to hereinafter as, the “Term” or the “Service Term”).
5. Fees and Charges.
Customer shall pay for all Services that G12 supplies to Customer. Each SOF species the fee,
price, and Minimum Commitment that the Customer will pay for each Service during the
Service Term. The charges, price and fees for Services are categorized on the applicable SOF as
(1) “Monthly Recurring Charges”, (2) “Non-Recurring or One-Time Charges”, (3) “Usage Charges”,
and (4) “Equipment Charges”. MONTHLY RECURRING CHARGES WILL BE BILLED MONTHLY TO
CUSTOMER BEGINNING ON THE COMMENCEMENT DATE and will not be prorated for the rst
or last month. With respect to OC Services, the quantity set forth on the SOF is the minimum
number of users that Customer agrees to pay for each month during the Term (“Minimum
Commitment”). If the number of users of an OC Service is less than the Minimum Commitment
in a month, Customer agrees to pay the price multiplied by the Minimum Commitment for that
month. If the number of users of an OC Service is more than the Minimum Commitment,
Customer agrees to pay for the actual number of users multiplied by the price for that Month.
Non-Recurring Charges shall be billed as they occur. Usage Charges for international and toll-
free inbound calls will be billed based on the duration of each call with a one-minute minimum
and then in six-second increments after the rst minute. If Usage Charges apply to Customer’s
OC Service, Customer also agrees to pay for all Usage Charges. Equipment Charges will be billed
upon receipt of actual equipment when purchased from G12. In addition, G12 may bill the
Customer for other legally applicable charges, including, but not limited to, Federal and State
Universal Service Fund (USF), 911 and E911 Fees, LNP Administration Fees, Cost Recovery Fee,
Carrier Surcharges and any other applicable state and federal taxes, fees or surcharges. The
charges for the Services, not including the taxes and regulatory charges, are hereby referred to
as the “Rate(s)” (sometimes referred to as the “Price” in the SOF). The Rates set out on the
Customer’s SOF will vary depending on the Customer’s Service Term and do not include taxes
and other regulatory charges. G12 may modify its Rates at any time. Customer will be liable for
all reasonable charges, including, but not limited to attorneys’ fees and costs, incurred by G12 to
enforce the terms of this Agreement or due to Customer’s non-compliance with the terms
herein. Customer agrees that any failure by Customer to obtain or maintain anything (including
without limitation, hardware, software, licenses, equipment, devices, and internet connectivity)
that is not expressly provided by G12 will not relieve Customer from its obligations under this
Agreement.
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6. Payment.
G12 will provide to Customer monthly invoices covering thirty (30) day periods which will be due
and payable thirty (30) days from the invoice date (the “Due Date”). All Monthly Recurring
Charges are billed one (1) month in advance and Usage Charges are billed in arrears. A late
payment fee will be applied on balances that remain unpaid thirty (30) days following the date
of the invoice in the amount of 1.5 % per month of the amount of the unpaid balance from the
date of invoice or the maximum interest amount allowed by applicable law. Customer and G12
hereby acknowledge and agree that G12 shall have no liability to Customer resulting from any
termination of Services due to nonpayment by Customer in accordance with the terms of this
Agreement. G12 reserves the right to bill Customer retroactively for any Services Customer
received which G12 had not billed. In addition to the remedies contained in this Agreement, G12
reserves its rights in law and equity, including, but not limited to, its rights under the Uniform
Commercial Code.
7. Taxes, Fees, and Surcharges
Customer hereby acknowledges and agrees that all pricing for Services and other charges due
hereunder are exclusive of all applicable taxes, fees and surcharges including without limitation,
value added tax, sales taxes, duties, cost recovery fees, levies and/or carrier surcharges (including
where applicable any Universal Service Fund or similar surcharges) imposed by, or pursuant to
the laws, statutes or regulations of any governmental agency or authority, all of which shall be
the sole responsibility of Customer and paid promptly when due by Customer, and furthermore,
Customer agrees to indemnify and hold G12 harmless from any liability therefor. Except as set
forth herein, all amounts payable by Customer under this Agreement shall be made without
any deduction or withholding and, except to the extent required by any law or regulation, free
and clear of any deduction or withholding on account of any tax, duty or other charges of
whatever nature imposed by any taxing or governmental authority. If Customer is required by
any law or regulation to make any such deduction or withholding Customer shall, together with
the relevant payment, pay such additional amount as will ensure that G12 actually receives and
is entitled to retain, free and clear of any such deduction or withholding, the full amount which
it would have received if no such deduction or withholding had been required. Notwithstanding
the foregoing, a monthly Universal Service Fund charge shall, if applicable, be added to each
invoice for Services based upon the total billed revenues, the amount of which shall be based
upon the Federal Communications Commission assessment.
8. Unauthorized Use of the Services.
The Customer accepts full responsibility for the charges, taxes and fees invoiced for G12
provision of all Services to Customer, including, but not limited to, outbound and toll free
Services, regardless of whether Customer authorized the use of the Services and Customer
agrees that it is solely responsible for the security of all user names and passwords associated
with the Service and that Customer will be responsible for any fees, costs or expenses associated
with any theft or unauthorized access, use, or disclosure of such username or passwords.
Customer shall indemnify, defend and hold G12 harmless from any and all costs, expenses,
damages, claims or actions arising from any fraudulent or unauthorized use of the Services.
Customer shall not be excused from paying G12 for Services provided to Customer or any
portion thereof on the basis that fraudulent use of the Services comprised a corresponding
portion of the Services for which charges, taxes and fees are invoiced. In the event G12 discovers
or reasonably believes that the Services are being used fraudulently, nothing contained herein
shall prohibit G12 from taking immediately any and all reasonable actions to prevent the
fraudulent use of the Services, including without limitation, suspension, or termination of
Services.
9. Inappropriate Use / Back-Up Power.
Customer acknowledges that the services are not designed, manufactured, intended, or
recommended for use for any high-risk or fail-safe purpose or activity or in any environment
where failure, interruption, malfunction, error, or unavailability could result in any liability or
damages, physical harm or personal injury, death or dismemberment, or property or
environmental damage. Customer represents and warrants that Customer, and its end users
will not use services for any such purpose or activity or in any such environment. In addition,
Customer acknowledges and agrees that, if access to and use of the Services (including, but not
limited to, emergency 911 and E911 Services) is desired or required during a power outage,
Customer is solely responsible for providing appropriate back-up power to any equipment
located on Customer’s premises to the extent such equipment may be used to access and use
or is otherwise related to the use of the Services. G12 shall not be responsible or liable to
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Customer or any third party for Customer’s the unavailability of the Services during a power
outage as a result of Customer’s failure to provide necessary back-up or secondary power
facilities for use of the Services.
10. Toll-Free Service.
Customer is responsible for all charges for toll free Services provided by G12. G12 assumes no
liability where any claim arises out of Customer being provided with any toll-free number(s)
other than the toll-free number(s) requested by Customer. G12 shall not be liable whatsoever for
the use, misuse or abuse of a Customer’s toll free Service by third parties, including without
limitation, the Customer’s employees or members of the public who dial the Customer’s toll free
number by mistake and Customer will be responsible for all such charges.
11. Interruption of Service Credit.
In the event that there is any defect, error, omission, delay, mistake, interruption, suspension, or
other failure in connection with furnishing the Services or maintenance of the Services and the
same is reported to and conrmed by G12 (an "Interruption"), the liability, if any, of G12 shall in no
event exceed an amount equivalent to the proportionate charge to Customer for the affected
Service for the time period during which the interruption occurred (the "Interruption Credit").
G12 shall not be liable nor shall any Interruption Credit be given to a Customer, for any
Interruption which is: (1) caused by the willfulness or negligence of a third- party or any other
entity other than G12; (2) due to failure of equipment, systems provided by G12, Customer or any
other entity; (3) due to a force majeure event as set forth in Section 26 below; or (4) during
periods when the Customer elects to use the Service on an impaired basis. Customer hereby
acknowledges and agrees that its sole and exclusive remedy for an Interruption shall be an
Interruption Credit. Customer will not be entitled to any Interruption Credits or other damages
related to any delay in installing the Service.
12. Termination by G12.
In the event that Customer is in breach of any terms of this Agreement, G12 may provide written
or emailed notice to Customer of such a breach, upon receipt of which Customer shall have ten
(10) days to cure such a breach. If such breach is not cured by Customer to G12’s satisfaction, in
its sole discretion, within the applicable cure period set forth above, G12 may terminate any and
all Services provided to Customer under any Agreements between the Parties, effective
immediately, without liability to Customer and Customer will be responsible for all obligations
and unpaid amounts under those Agreements, including without limitation, Early Termination
Charges. Notwithstanding the foregoing, in the event that the Customer’s use of the Services
violates G12' AUP, G12 may, upon email, fax, telephonic or written notice, terminate any and all
Services provided to Customer under any Agreements between the Parties, effective
immediately, without liability to Customer and Customer will be responsible for all obligations
and unpaid amounts under those Agreements, including without limitation, Early Termination
Charges. G12 may terminate all or any portion of Customer’s Services upon 90 day notice
without further obligation or liability, provided that, in the event of a partial termination,
Customer may terminate all remaining Services at the conclusion of such 90 day period, after
which, such right to terminate shall expire.
13. Termination by Either Party.
Either Party shall have the right to terminate the Service(s) without liability, including Early
Termination Charges, (i) if G12 is prohibited from furnishing the Service(s) under this Agreement,
or (ii) if any material rate or term contained herein is substantially changed by order of the
highest court of competent jurisdiction to which the matter is appealed, the Federal
Communications Commission, or other local, State or other federal government authority.
14. Early Termination Charges.
If a Service is terminated prior to the end of the Service Term, then, commencing on the
effective date of such termination, Customer will be subject to Early Termination Charges equal
to one hundred percent (100%) of the Monthly Recurring Charges times the number of months
remaining in the Service Term, plus any waived installation charges and discounts from G12
standard rates times the number of months of discounts applied (“Early Termination Charges”).
Customer and G12 acknowledge and agree that (i) the Early Termination Charges are a fair and
reasonable estimate of damages that would occur in the event that the Service is terminated
prior to the end of the Service Term; (ii) actual damages incurred by G12 as a result of the early
termination of the Service would be difcult to determine ; (iii) and the provisions regarding the
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Early Termination Charges in this paragraph are reasonable and appropriate measures of the
damages for such early termination and not a penalty. Customer agrees to pay all such Early
Termination Charges within 30 days of Customer’s notice of termination of Services
immediately upon written receipt of G12 last invoice to Customer (“Final Invoice”). All requests to
terminate Services must be received, in writing to G12 thirty (30) days prior to the termination
effective date. A minimum of thirty (30) days will always be billed to Customer from the date
that the termination notice is submitted.
15. Bill Disputes.
Customer’s billing disputes or request for adjustments, together with all supporting
documentation, must be made in good faith, and must be received in writing by G12 within
thirty (30) days from the date of the invoice, or Customer’s right to raise such billing disputes is
waived. Customer shall otherwise timely pay any undisputed amount. If G12 determines that a
disputed charge was billed in error, G12 will issue a credit to reverse the amount that was
incorrectly billed. If G12 determines that the disputed amount was billed correctly, G12 will
inform Customer of such determination and provide Customer proof of correct billing. If
Customer does not accept such proof as denitive, the dispute will be escalated for an ofcer
review/resolution with G12 and Customer in accordance with this Agreement. In the event that
the escalated dispute is resolved against Customer, or in the event that Customer accepts the
foregoing proof as denitive (or if Customer fails to notify G12 within thirty (30) days that
Customer does not accept proof as denitive), Customer shall pay the previously disputed
amount within ten (10) days thereafter.
16. Resolution of Disputes.
Except as otherwise provided herein, any disputes, controversy, or claim (individually and
collectively referred to hereinafter as a “Dispute”) arising under this Agreement shall be resolved
in accordance with the procedures set forth herein. In the event of a dispute, and upon the
written request of either Party, each of the Parties shall appoint, within ve (5) business days
after a Party’s receipt of such request, a designated representative who has authority to settle
the Dispute and who is at the higher level of management than the persons with the direct
responsibility for administration of the Agreement. The designated representatives shall meet
as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in
good faith in an effort to resolve such Dispute. The specic format for such discussions will be
left to the discretion of the designated representatives; however, all reasonable requests for
relevant information made by one Party to the other shall be honored. If the Parties are unable
to resolve issues related to the Dispute within thirty (30) days after a Party’s request is made for
appointment of designated representatives as set forth above, either Party may seek any relief
to which it is entitled, whether at law or in equity.
17. Upgrades and Downgrades.
17.1 This Section 17.1 shall not apply to Operator Connect Services (“OC Services”). An “Upgrade” is
dened as a change to Customer’s existing Services, agreed to by G12, that will result in the
increase in Customer’s Monthly Recurring Charges and/or Non-Recurring Charges. If the
Customer Upgrades the Services, Early Termination Charges will not be assessed. However,
Customer will be required to purchase the Upgrade for a term commitment that extends at
least to the end of Customer’s existing Service Term. A “Downgrade” is dened as a change to
Customers’ existing Services or partial disconnect, agreed to by G12, that results in a decrease in
Customers Monthly Recurring Charges. If Customer Downgrades the Services before the end of
the Service Term, G12, in its sole discretion, may charge Customer Early Termination Charges.
Customer shall provide G12 with thirty (30) days prior written request for all Downgrades and G12
may, in its sole discretion agree to or deny such request. Any Downgrade of a Service must have
a Term that extends at least to the end of Customer’s existing Service Term. 17.2 OC Service.
Customer may, through G12’s online portal: (i) provision additional OC Services (including
additional DID’s and users) at any time and Customer agrees to pay all Fees associated with
such additional OC Services, and (ii) decrease OC Services at any time and the Fees associated
with such decrease shall be reduced accordingly, provided that such Fee will not be decreased
below the Minimum Commitment. Fees for OC Services provisioned or decreased in a month
will not be pro-rated. OC Services that are added or terminated after the Commencement Date
will be subject to and not change the Term (i.e., all OC Services will terminate upon expiration of
the Term).
18. G12 Owned Customer Premise Equipment.
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Any equipment installed by G12 to perform the Services under this Agreement and associated
software, which was not purchased by the Customer, is the sole property of G12, and is referred
to as “Customer Premise Equipment” or “CPE”. For the Service Term, G12 grants Customer a
limited, personal, revocable, non-exclusive license to use the CPE provided in conjunction with
the Service solely for Customer’s own internal business use that may not be assigned, sold,
sublicensed, or transferred. Upon termination of the Service, all of Customer’s rights with
respect to CPE will immediately terminate. Except as expressly provided herein, the limited
license granted to Customer does not convey any ownership or other rights, express or implied
in the CPE or in any Intellectual Property. G12 has the right to access, maintain, remove, replace,
or take any other action in connection with the CPE at any time for any reason. At all times
Customer shall: (1) refrain from physically tampering with or modifying CPE or authorizing
another to do the same; and (2) provide G12 with reasonable, sufcient, and necessary access to
Customer’s facilities in order for G12 to fulll its obligations under this Agreement. Customer
shall provide G12 reasonable and necessary access to G12 CPE at all reasonable times in the
event G12 needs to retrieve the CPE during, or upon the expiration or termination of the
applicable Service Term. Customer also agrees to cooperate with G12 in all communications
with the landlord at the Customer’s premises if requested by G12 even after the expiration or
termination of the applicable Service Term so that G12 may retrieve physical possession of the
CPE. Customer shall be responsible for any and all damages to the CPE, caused by Customer or
its end-users. Furthermore, G12 will not be responsible for any interference or interruption in
Services that are related to or caused by CPE. Customer is responsible for the initial and ongoing
conguration of any equipment provided by Customer. If any equipment provided by Customer
is not compatible or may not be used with the Services, and Customer terminates the Service as
a result, Customer will be responsible for all Non-Recurring Charges for the Services that are
noted on the SOF, as well as Early Termination Charges and any third-party costs G12 may have
incurred.
19. Limitation of Liability.
G12 AND IT’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS AND
SUPPLIERS (“G12 ENTITIES”) SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (1) THE
CONTENT OF THE INFORMATION PASSING OVER G12 NETWORK; (2) UNAUTHORIZED ACCESS
TO CUSTOMER TRANSMISSION FACILITIES OR TO CUSTOMER OWNED EQUIPMENT; (3)
UNAUTHORIZED ACCESS OR DAMAGE TO, ALTERATION, THEFT, DESTRUCTION OR LOSS OF
CUSTOMER RECORDS OR DATA; (4) CLAIMS FOR DAMAGES CAUSED BY CUSTOMER,
THROUGH FAULT, NEGLIGENCE OR FAILURE TO PERFORM CUSTOMER’S RESPONSIBILITIES; (5)
CLAIMS AGAINST CUSTOMER BY ANY OTHER PARTY; (6) ANY ACT OR OMISSION OF ANY OTHER
PARTY FURNISHING SERVICES TO CUSTOMER, OR THE INSTALLATION AND /OR REMOVAL OF
ANY AND ALL EQUIPMENT SUPPLIES BY ANY OTHER SERVICES PROVIDER, INCORRECT
PUBLICATION LISTINGS OR ADVERTISEMENTS OF PHONE NUMBERS; (7) CLAIMS FOR ANY
LOSS OR DAMAGES RELATED TO ANY DELAY IN INSTALLING OR TERMINATING THE SERVICE,
OR (8) CLAIMS FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY,
WRONGFUL DEATH, PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE
OR INABILITY TO USE THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE
AGGREGATE LIABILITY OF ALL G12 ENTITIES, IF ANY, ARISING OUT OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS,
OR DEFECTS IN THE SERVICE OR EQUIPMENT PROVIDED BY G12 ENTITIES SHALL IN NO EVENT
EXCEED THE MONTHLY RECURRING CHARGES FOR THE SERVICE PAID BY THE CUSTOMER
DURING THE AFFECTED TIME PERIOD (NOT TO EXCEED 12 MONTHS) THAT IS THE SUBJECT OF
THE CLAIM AND CUSTOMER WAIVES ANY AND ALL CLAIMS FOR SUMS IN EXCESS OF THAT
AMOUNT. IF ANY LIABILITY IS IMPOSED ON G12 ENTITIES, SUCH LIABILITY SHALL BE LIMITED
AS PROVIDED IN THIS AGREEMENT, WHICH SHALL BE G12 ENTITIES’ SOLE AND EXCLUSIVE
LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY PERFORMANCE,
NONPERFORMANCE, OR NEGLIGENCE OF G12 ENTITIES UNDER THIS AGREEMENT. TO THE
EXTENT PERMITTED BY LAW, ANY LIABILITY OF G12 ENTITIES SHALL BE LIMITED TO DIRECT
AND ACTUAL DAMAGES ONLY AND G12 ENTITIES SHALL HAVE NO LIABILITY TO CUSTOMER OR
ANY THIRD-PARTY WITH RESPECT TO ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
OR PUNITIVE DAMAGES OF ANY NATURE OR FOR THE LOSS OF REVENUE, LOST PROFITS,
LOSS OF BUSINESS, LOSS OF POTENTIAL BUSINESS, REPLACEMENT COST OR COVER, OR
ECONOMIC LOSS OF ANY KIND FOR ANY REASON WHATSOEVER, HOWEVER CAUSED AND
WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR
STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF G12 ENTITIES HAVE BEEN
INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN SUCH COSTS,
LOSSES, OR DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU
MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT G12 ENTITIES WOULD BE
REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. TO THE EXTENT PERMITTED BY
LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS
OF THE DATE THE CLAIM ARISES.
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20. Liability of Customer.
To the maximum extent permitted by law, Customer shall indemnify, defend and hold harmless,
individually and collectively, G12 Entities from and against any and all liability, claims, losses
(including loss of prots, revenue and goodwill), damages, nes, penalties, injuries to persons or
property, costs, and expenses (including reasonable attorneys' fees and dispute resolution
expenses) made or asserted against G12 Entities by any third-party that arises out of, or is
directly or indirectly related to: (i) breach of the Agreement or Service by Customer or any users
of the Service; (ii) breach of any representations or warranties by Customer; (iii) use of or reliance
upon the Service by Customer or any third party; (iv) any negligent acts, omissions to act or
willful misconduct by Customer or any users of the Service; (v) the inability to use the Services or
failure or outage of the Service for any reason, including but not limited to those related to
calling 911, E911 or other emergency responders; (vi) use of the Services in connection with a
violation of any applicable Laws (dened below); (vii) misappropriation, breach, violation, or
infringement of any right, title or interest of any third party, including but not limited to,
contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and
personality; or any act or omission of Customer, its users or customers. Additionally, the
Customer shall reimburse G12 Entities for damage to G12 facilities or due to any malfunction of
any facilities or equipment provided by an entity other than G12 for the damages to the extent
of such payment.
21. Warranties.
G12 DOES NOT WARRANT UNINTERRUPTED OPERATION, DEGRADATION, DELAY,
INTERRUPTION, ERROR OR OMMISSION OF THE SERVICES, SOFTWARE OR EQUIPMENT OR
LOSS OF CONTENT, DATA OR INFORMATION. G12 COMMUNCATIONS SPECIFICALLY DISCLAIMS
AND CUSTOMER WAIVES ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF USAGE OF
TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
22. Letters of Authorization.
Customer will be required to execute a Letter of Authorization (“LOA”) in the event Customer
seeks G12 to act as an authorized agent for ordering and coordination of local and long-
distance access circuits for services outside of this Agreement. The LOA, when executed, shall
be incorporated into this Agreement by reference.
23. E911 Disclosure Statement.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE VOIP TELEPHONY SERVICES MAY,
UNDER CERTAIN CIRCUMSTANCES, HAVE SIGNIFICANT LIMITATIONS WITH RESPECT TO 911
AND E911. THE 911 NOTICE DESCRIBES SOME OF THOSE CIRCUMSTANCES AND CONTAINS
SIGNIFICANT INFORMATION, REQUIREMENTS AND LIMITATIONS OF LIABILITY WITH RESPECT
TO 911 AND E911. CUSTOMER AGREES TO ALL OF THE TERMS AND CONDITIONS OF THE 911
NOTICE, THAT IT IS A MATERIAL PART OF THIS AGREEMENT AND THAT G12 WOULD NOT ENTER
INTO THIS AGREEMENT WITHOUT CUSTOMER READING AND AGREEING TO IT.
24. Deposit.
G12 reserves the right to withhold initiation of full implementation of the Services until G12 has
conducted a credit review of Customer. Depending on the credit review, G12 may require
Customer to provide G12 a security deposit. If Services are being provided to Customer without a
security deposit and then Customer fails to pay any sums when due, G12 may require that
Customer provide a security deposit as a condition for continued Service and if Customer
refuses to provide the requested deposit G12 may terminate any or all Services to Customer and
Customer will be responsible for any Early Termination Charges as a result of such termination.
25. Transfer and Assignment.
Customer may not sell, assign or transfer any of Customers rights or obligations under this
Agreement without G12 prior written consent. G12 may assign this Agreement upon notice to
customer.
26. Force Majeure.
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Any delay, interruption, or nonperformance of any provision of this Agreement on the part of
G12 caused by conditions beyond G12 Communication’s reasonable control shall not constitute a
breach of the Agreement, and the time for performance of such provision shall be deemed to
extend for a period equal to the duration of the conditions preventing performance. Such
examples include but are not limited to, acts of god, elements, weather conditions, earthquakes,
settlements, re, accidents, power failures, cable cuts caused by third-parties, acts or omissions
of governmental authorities, moratoriums or injunctions related to the construction and
shortage of labor and materials.
27. Installation Requested Information.
In order to install Customer’s Service, G12 may need Customer to provide G12 with certain
information to enable the Services to be provisioned. Customer will be required to provide the
requested information in a timely fashion, as time is of the essence with respect to this
information. If G12 does not receive the required information in a commercially reasonable time
frame, and Customer terminates the Service, Customer will continue to be responsible for all
Non-Recurring and Early Termination Charges.
28. Press Release Announcements, Publicity and/or Trademarks.
Customer agrees that G12 may issue a press release announcing the relationship between the
parties and may use, copy, transmit, display, and distribute Customer name, logo, quotes, case
studies and testimonials in connection with G12 services. Such use shall include but not be
limited to sales materials, websites, advertising and other associated activities involving
applicable external communications, using all media known and hereafter developed following
effectiveness of this Agreement, provided that any press releases, public announcements,
postings or other advertising or public relations activities concerning this Agreement or the
relationship between Customer and G12 must be reviewed and approved by both parties in
advance. Customer agrees to provide comments of approval or changes within forty-eight (48)
hours of receipt or request for such approval. Customer hereby grants to G12 a non-exclusive,
non-transferable license, without the right to sublicense, to use Customer’s name and logo in
connection with publicity and marketing materials, provided that any use of Customer’s name
or logo must be approved in writing by Customer in advance and used in accordance with
Customer’s guidelines for logo use.
29. Notices.
Except as otherwise provided herein, all notices, with the exception of invoices and requests for
payment, given in connection with this Agreement shall be made in writing and either
delivered in person, or by recognized overnight courier service, or sent via rst class, postage
prepaid, certied mail, return receipt requested. All notices will be sent to the address set out on
the SOF. Invoices and requests for payment may be delivered in writing or electronically,
including email or email attachments, and such email or email attachment will be deemed
delivered when sent. All notices, including but not limited to invoices, will be deemed served
relative to the date of personal delivery, the rst business day after the date notice is sent via
overnight mail, on the third (3rd) business day after notice is sent via rst class U.S. main
Delivery. All notices to G12 should be addressed to G12 Communications, LLC, 150 Lake Street
South, Kirkland, Washington 98033, attention Customer Care. All legal notices and copies of
notices shall be sent to G12 Communications, 150 Lake Street South, Kirkland, Washington
98033, attention President. The notice address, as provided above may be changed by written
notice given as provide above.
30. Governing Law and Venue.
This Agreement shall be construed and governed in accordance with the laws of the state of
Washington and venue for any actions arising under this Agreement shall be in the courts of
King County, Washington.
31. Entire Agreement.
This Agreement is the complete agreement between the parties concerning any
telecommunications services provided by G12 hereunder, and replaces any prior oral or written
communications between the parties. Except for prior obligations of condentiality and/or
nondisclosure, there are no conditions, understandings, agreements, representations, or
warranties, expressed or implied, which are not specied in this Agreement.
32. Addition/Modication.
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Except as set forth in the Agreement, the Agreement can only be modied, amended or waived
through a writing signed by an authorized employee of each party. G12 reserves the right to
change its fees and charges upon notice to Customer provided that such changes will not affect
any Service Orders until expiration of the then-current Service Term. G12 further reserves the
right to alter or eliminate Services or to change or eliminate areas where G12 provides service
upon thirty (30) days prior written notice to Customer provided that such changes will not affect
any Service Orders until expiration of the then-current Service Term.
33. Severability.
In the event that any of the terms of this Agreement or the applications of any such term shall
be invalid by any court of any competent jurisdiction, the remaining terms of this Agreement or
their application shall not be affected thereby and shall remain in full force and effect.
34. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute one Agreement. Facsimile signatures and
electronic signatures (including electronically transmitted signed documents) shall be accepted
and treated the same as an original.
35. Compliance with Laws.
Customer represents and warrants that Customer and all use of the Service will at all times
comply with all applicable laws, rules and regulations including but not limited to the rules,
policies and regulation of the Federal Communications Commission (“FCC”), and all laws
relating to Do-Not-Call provisions; unsolicited marketing; faxing; telemarketing; email
marketing; spamming or phishing; data security or privacy; international communications;
account or debt collection; recording of calls or conversations; export control; export of technical
or personal data; end user, end-use, and destination restrictions imposed by the United States
or foreign governments; consumer protection; pornography; trade practices; false advertising;
unfair competition; antidiscrimination; harassment; defamation; intellectual property; or
securities, electronic commercial communications, telemarketing and other similar laws, which
include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling
the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM
Legislation, if applicable, and each as amended (“Laws”). Customer agrees to indemnify, defend
and hold harmless G12 and any third-party provider(s) from any and all claims, losses, damages,
nes, or penalties arising out of Customer’s or its user’s violation or alleged violation of any Laws.
36. Recording Calls.
Certain Services may enable Customer and its users of the Service to record calls or other
communications and that the recording of such calls is solely under Customer and its users
control. Customer acknowledges that certain Laws impose requirements, restrictions and
prohibitions with respect to recording calls or communications, including without limitation,
notice and consent from all of the entities on the call prior to recording the call or
communication and Customer acknowledges that it is solely responsible for informing itself and
its users of the Service of such Laws. Customer represents and warrants that Customer and all
other users of the Service will, at all times, comply with all Laws with respect to recording calls.
37. No Storage of Personal Health Information.
Customer acknowledges and agrees that the Services are not designed, intended, or
recommended to store “protected health information,” as dened under the Health Insurance
Portability and Accountability Act of 1996, the Health Information Technology for Economic and
Clinical Health Act, and similar legislation in other jurisdictions, and the regulations
promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”)
and Customer represents and warrants that its Services will not be used for such purpose.
38. Survival.
All provisions of the terms and Conditions in the Agreement, which by their nature should
survive, shall survive termination of Services or the Agreement, including without limitation,
ownership provisions, warranty disclaimers, limitations of liability, indemnities, accrued rights
(including any payment obligations).
G12 Communications Acceptable Use Policy (AUP)
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1. Unlimited Voice Services.
The Customer Agrees to use the unlimited service plans for traditional voice or fax calling of
duration comparable to that of an average residential or business customer. The Customer
agrees that they will not employ methods, devices or procedures to take advantage of unlimited
plans by using the voice or fax services excessively or for means not intended by G12
Communications. Excessive use is dened by G12 Communications as use that substantially
exceeds the average call volume or duration used by all other G12 Communications unlimited
service plan customers. The following types of services are specically prohibited and my not be
accessed through G12 Communications unlimited voice service plans: excessive local number
conference calling, monitoring services, data transmissions, transmissions of broadcasts or
transmission of recorded material. G12 has the right to terminate the Customers service or
change the Customers service plan if, in its sole discretion, G12 Communications determines
that the Customers use of the unlimited plan violates this prohibition or is otherwise
“unreasonable” or results in abuse of the unlimited minute service plan. a. G12 Communications
considers the customers use of the Unlimited plan to be “unreasonable” and therefore subject
to immediate termination if the Customers: i. Re-sell, re-brand, re-supply, re-market or
commercially exploit the Unlimited service plan, without written consent, in order to aggregate
trafc from more than one customer over an “unlimited” line or trunk: ii. Set up routing
functionality such that only outbound long- distance trafc is sent over the Unlimited Service; or
iii. Engage in any other conduct which is fraudulent or results in signicant network congestion,
or degradation. b. G12 Communications considers the Customers use of the Unlimited Service
plan “abusive” and subject to immediate termination or adjustment if the customer utilizes: i.
Autodialing ii. Continuous, repetitive or extensive call forwarding iii. Continuous call session
connectivity iv. Fax broadcasting v. Fax blasting vi. Telemarketing; or vii. Any other activity that
would be inconsistent with reasonable personal, residential and business use that may cause
network congestion or jeopardizes the integrity of G12 Communications network.
2. Lawful purposes only.
The Customer may use G12 Communications services for lawful purposes only. The Customer
may not us the G12 Communications service or equipment in any way that is illegal, improper,
or inappropriate. Illegal, improper or inappropriate uses of G12 Communications Services and/or
equipment includes: a. Interfering with the ability to provide service to the customer or other
customers, or avoiding the obligation to pay for the service within the time frame designated for
payment. b. Use of the service to threaten, abuse, harass, defame, deceive, defraud, interfere or
invade another’s privacy or engage in any similar behavior. c. Use of the service for: auto-dialing,
continuous, repetitive or extensive call forwarding, telemarketing (including charitable or
political solicitation or polling), fax or voicemail broadcasting or blasting. d. Use of the service to:
impersonate another person, send bulk unsolicited messages; use data mining techniques, or
other automated devices or programs to catalog, download, store, or otherwise reproduce or
distribute information from G12 Communications or use any automated means to manipulate
the service e. Use the service for transmitting or receiving any communication or material of any
kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate
any applicable local, state, national or international law or encourage conduct that would
constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local,
state, national or international law.
3. Right of Termination.
In addition to G12 Communications right to terminate service for nonpayment, G12
Communications reserves the right to terminate the Service immediately and without advance
notice if G12 Communications, in its sole discretion, believes that the Customer has violated any
of the above restrictions, leaving the customer responsible for the full months charges to the
end of the current term, including without limitation unbilled charges, plus a disconnect fee, all
of which immediately become due and payable.
4. Monitoring.
G12 Communications may monitor the use of the customers’ service for violations of this
agreement. G12 Communications may without liability, remove or block all communications if
G12 Communications suspects a violation of this agreement, or if G12 Communications nds it
necessary to protect the Services or the company.
5. Providing information to authorities and third parties.
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If G12 Communications believes that the customer has used the Service for unlawful purposes,
G12 Communications may forward the relevant communication and other information,
including the customers identity, to the appropriate authorities for investigation and
prosecution. The Customer consents to the forwarding of any such communications and
information to the authorities. In addition, G12 Communications may disclose the customers’
personal information, any communications sent or received by the customer, and any other
information that G12 Communications may have about the customers’ account, including but
not limited to, types of service, length of service, MAC addresses, IP addresses, email addresses,
registered 911 address, and all other account information, as follows: in response to law
enforcement or other governmental agency requests; as required by law, regulation, rule,
subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action
against someone who may be misusing the Service; to protect G12 Communications rights and
property; or in emergency situation where disclosure of such information is necessary to protect
G12 Communications, customers or third parties from imminent harm.
6. Use of Service or Telephone Device by Customer Outside of the United States.
G12 Communications service is designed to originate calls within the United States and work
with unencumbered high-speed Internet connections. If the high-speed internet connection is
not within the G12 Communications service area or the ISP or broadband provider places
restrictions on using VoIP services, G12 Communications does not represent they will allow you
to use the service. The customer will be solely responsible for any violations of local laws and
regulations or violations of ISP and broadband provider terms of service because of the
customers’ use of the service. All use of G12 Communications service to or from areas outside
the United States is at your own risk
7. No Transfer of Service.
The customer may not resell or transfer the G12 Communications service to anyone else without
rst obtaining prior written consent
8. No Alterations or Tampering.
If the customer copies or alters or has someone else copy or alter the rmware or software of
the equipment or devise in any way that facilitates a compromise of the Service, the customer is
responsible for any charges that result. The customer may not attempt to hack or otherwise
disrupt the Service or make any use of the Service that is inconsistent with it intended purpose.
9. Theft of Service.
The customer may not use or obtain the Service in any manner that avoids G12
Communications policies and procedures, including an illegal or improper manner. The
customer will notify G12 Communications immediately in writing if the customer believes the
Service is stolen, used fraudulently, or otherwise being used in an unauthorized manner. If the
customer noties G12 Communications of one of these events, the customer must provide an
account number and a detailed description of the circumstances of theft, fraudulent use, or
unauthorized use of the Service. If the customer fails to notify G12 Communications in writing in
a timely manner, G12 Communications may disconnect the Service and levy additional charges
on the Customer. Until the Customer noties G12 Communications in writing of the fraudulent
use or stolen service, the Customer will remain liable for all use of the Service up through the
date the notice is received by G12 Communications.
10. Revisions to this Acceptable Use Policy
G12 Communications reserves the right to revise, amend, or modify this AUP at any time and in
any manner. Any revision, amendment, or modication will be effective ten (10) days after G12
Communications publishes such revision, amendment, or modication. Your continued use of
our services after such revision, amendment, or modication shall constitute your acceptance of
the modications to this AUP. Therefore, it is important that you review this AUP from time to
time. If you have questions about the AUP, or about your rights and responsibilities as a G12
Communications customer, please contact us at support@G12com.com IT IS YOUR
RESPONSIBILITY TO CHECK THIS WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP
MAY CHANGE WITHOUT NOTICE.
VOIP 911 Service Disclaimer and Customer Acknowledgment
This VOIP 911 Service Disclaimer and Customer Acknowledgment (“911 Disclaimer”) constitutes a
part of your Agreement with G12 Communications, LLC ("G12"). By signing this 911 Disclaimer
Customer and anyone using the Service ("You" or “User”) agree to be bound by the terms and
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conditions set forth herein. All capitalized terms are as dened herein or as otherwise dened in
the Agreement as described in the General Terms and Conditions.
1. GENERAL INFORMATION.
Thank you for selecting G12 as your Voice-Over-Internet Protocol ("VoIP") telephony provider.
Before You begin using G12's VOIP Service, there are a few important things to understand
about the Service and its emergency calling (911 and enhanced 911 (“E911”)) limitations as
compared to traditional 911 and E911 service. Portable interconnected VOIP services can be used
anywhere from virtually any internet connected device, such as VOIP enabled handsets,
headsets, conference calling stations, computers, smartphone, tablet or any device capable of
communicating over the internet (“Softphone”), which raises challenges for the emergency
services community in determining the location from which a 911 call has originated. With basic
911, the public safety answering point operator (or “911 Operator”) will NOT have automatic
access to your telephone number or location so you must be prepared to give the basic 911
Operator this information. With E911, your telephone number and registered address will be
automatically provided to the 911 Operator located in or near the city or county of your
registered address to assist them in responding to your emergency call, regardless of your
actual location so it is critical that your registered address reect your actual location. Some
locations do not support E911 (i.e., automatically providing your telephone number and
registered location) so you should always be prepared to provide your telephone number and
actual location when dialing 911.
2. VOIP LIMITATIONS
2.1 EMERGENCY CALLING (911 AND E911) AND SERVICE LIMITATIONS. 911 and E911 Service may be
limited or unavailable in the following circumstances: 2.1.1 Power outage or disruption to the
equipment or Softphone providing Your Service (following a power outage, You must reset or
recongure the terminal adapter equipment prior to utilizing the Service, including 911 and E911
Service); 2.1.2 Broadband outage, interruption or malfunction that affects Your Service; 2.1.3
Relocating Your Softphone to a location other than to the location that You registered with us;
2.1.4 Delays in making Your Registered Location available to the database accessed by the 911
Operator; General Terms and Conditions 18 ver. 11.9.22 4.0 2.1.5 Using a telephone number other
than the one that is registered for Your Device, using a non-native telephone number or
blocking Your caller ID: 2.1.6 Network congestion, disruptions, or other problems with Your ISP or
G12's network; 2.1.7 VoIP Service interruption or termination any reason, including the
suspension or termination of your account with G12 for nonpayment or improper use of the
Service; 2.1.8 Changing your phone number or adding a new phone numbers to your account
without updating the location you have Registered with us; 2.1.9 Delays or disruptions of Service
in the network or Services of G12's underlying E911 provider; 2.1.10 You cannot text a 911 Operator
using the Service; 2.1.11 If Your Softphone is used in an ofce environment with multiple other
Users located in the same ofce then: (1) the registered location for Your Softphone will be the
location of Your ofce so if you remove Your Softphone from that location and call 911 from
another location, the location of the ofce will still appear to the 911 Operator as Your Registered
Location regardless of Your actual location and (2) If Your telephone number is not the 911 TN
from Your ofce (dened below), You will need to register Your telephone number as a 911 TN for
an additional charge - If You do not know whether the 911 Operator has E911 capabilities, You
should always be prepared to provide Your call-back telephone number and actual location;
2.1.12 Internet viruses that affect Your Softphone or internet connectivity and speed; 2.1.13 In
certain geographic areas where G12's underlying E911 provider has limited access (or no access
at all) to the 911 Operator's facilities. 2.2 Non-VoIP Devices. Home alarm systems, fax machines
and other equipment that attach to your home computers, local telephone service, cable
system or other networks may not work with the Service and G12 MAKES NO REPRESENTATION
OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WHATSOEVER THAT THE SERVICE WILL
WORK WITH THOSE DEVICES. Except as otherwise described in the General Terms and
Conditions, G12 will have no obligations or liability with respect to any Service outages,
interruptions or degradations for any reason. Additional Service limitations can be found on the
FCC’s website at: transition.fcc.gov/cgb/consumerfacts/voip911.pdf.
3. USER OBLIGATIONS.
3.1. You Must Register the Location of Your Softphone. 3.1.1. Single Softphone/Telephone
Number. If You are using a single Softphone and telephone number, then prior to using any
telephone numbers provided to You by G12, the current physical location of Your Softphone and
telephone number must be registered with G12 (“Registered Location”) so that if a 911 call is
made from that Softphone, the telephone number and the Registered Location of the
Softphone will be available to the E911 Operator. 3.1.2. Multiple Softphones/Telephone Numbers.
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(i) Single Location/Ofce: If multiple Softphones are used in a single location or ofce, the
Registered Location for Your Softphone will be the location of Your ofce. If you remove Your
Softphone from that location and call 911 from another location, the Registered Location of the
ofce will appear as Your location regardless of Your actual location. (ii) Multiple
Locations/Ofces: If You have Softphones in multiple ofces, the Registered Location of each
Softphone must correspond to the ofce where that Softphone is located and being used. You
may not use a single ofce location as the Registered Location for Softphones located in other
ofces or locations. (iii) The Ofce 911 Telephone Number. Multiple Softphones located in an
ofce will likely only have one telephone number (the “911 TN”) from that ofce that is able to
register its location with G12’s 911 provider so if any other User from that ofce calls 911, the
Registered Location of the 911 TN will be provided to the 911 Operator (the User’s actual
telephone number will still be provided to the 911 Operator provided caller-ID is not blocked). If
You intend to use Your Softphone at a location other than Your ofce, you will need to upgrade
your telephone number to a 911 TN and register the actual location where your softphone is
being used each time it is moved. 3.1.3. “Registered Location” Process. (i) If You have an ofce
administrator that manages Your telecommunications Services, contact that administrator for
their then-current procedures for registering Your Softphone and location. (ii) If You manage the
telecommunications Services for Yourself and/or others, contact G12 at
SUPPORT@G12COM.COM and follow their then-current procedures for registering Your
Softphone(s) and location(s). If You have a non- hosted Service and manage the private branch
exchange server or its generic server or technological equivalent (the “PBX), this will include
loading the 911 TN(s) that correspond to the location and telephone number of each Softphone
onto Your PBX. 3.2. Moving a Softphone. If a Softphone in a Registered Location is moved to
another location, before using the Service You must register the new location of that. If you do
not register the new location of your Softphone, any calls you make using E911 will be sent to the
911 Operator near your old address and register an incorrect location for that Softphone. For
example, if Your Softphone is registered to an address in Seattle and You take the Softphone to
Denver and call 911, the call will be routed to the 911 Operator in Seattle rather than Denver and it
will identify the Seattle address as Your Registered Location. Consequently, IT IS CRITICALLY
IMPORTANT THAT THE NEW LOCATION FOR ANY SOFTPHONE THAT IS MOVED IS
PROPERLY REGISTERED. 3.3. Mobile Softphones. Unless you are in Your Registered Location, IF
YOU NEED TO DIAL 911 WITH A MOBILE DEVICE (LIKE A SMARTPHONE, COMPUTER OR
TABLET) YOU SHOULD ALWAYS USE YOUR CELLULAR NETWORK AND NOT G12’S 911
SERVICE. Unless you are using Your cellular network, if You call 911 to an E911 enabled 911
Operator Your mobile Softphone will only provide the Registered Location to the 911 Operator
regardless of Your actual location so if you are using a mobile Softphone in a location other than
its Registered Location or while in motion (e.g. driving or walking), E911 service will provide
inaccurate information to the 911 Operator so you must provide your actual location to the 911
Operator. In addition, please note that some forms of wireless service do not support automatic
location identication or have other E911 calling limitations so you must be prepared to provide
Your actual location when calling 911. 3.4. Alternative 911 Access. Customer acknowledges the
limitations of VOIP telephony as discussed above (e.g., power outages, internet access outages,
overloading, registration requirements, etc.) and, given those limitations, Customer agrees that
all users of G12 Services will have access to 911 or E911 through an alternative service or device
other than through the Services provided by G12. 3.5. Broadband Access. To use G12 VOIP
telephony Services You must have a broadband internet connection provided to You through a
third-party ISP or broadband service provider. Also, G12 is not a traditional telecommunications
carrier and provides only VOIP telephony that relies on Your broadband internet connection
rather than traditional telephone lines. G12 is not responsible for any Service outage,
interruption or degradations related to Your internet connectivity. 3.6. Power Outages. Following
a power outage, You must reset or recongure the terminal adapter equipment prior to utilizing
the Service, including 911 and E911 Service. 3.7. Customer Obligation to Give Others Notice of
VoIP Service and Emergency 911 Limitations. Customer agrees to be fully responsible at all times
during the term of this agreement for notifying anyone that uses the Services of (i) the
EMERGENCY CALLING (911 AND E911) LIMITATIONS described above, (ii) VoIP Service limitations
described above, (iii) User Obligations described above and (iv) G12’s Limitation of Liability
described below. It is especially important that Users understand that the loss of internet
connectivity, loss of power to their Softphone or failure to provide a current Registered Location
could result in losing the ability to call 911 and that they must have an alternative method for call
911. G12 will provide 911 warning labels to Customer and Customer agrees to place the label on or
near the Softphone that uses the Service. 3.8 Multi-story Ofces or Campus. In a multi-story
building be prepared to give the 911 Operator the oor You are on and the location within that
oor (e.g., ofce number, break room, etc.). On a campus or in a multibuilding ofce-park, be
prepared to give the 911 Operator Your exact location on the campus (e.g., cafeteria, gym, etc.) or
ofce-park building number and location within that building.
4. LIMITATION OF LIABILITY.
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TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL G12 OR ITS
MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS (COLLECTIVELY
“G12 PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
(COLLECTIVELY, “DAMAGES”) ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION
WITH ANY USE OF (OR INABILITY TO USE) THE SERVICE OR WITH ANY USE OF (OR INABILITY
TO USE) EMERGENCY 911 OR E911 SERVICES IN CONNECTION THEREWITH. YOU ALSO AGREE
TO RELEASE, DISCHARGE AND HOLD HARMLESS G12 PARTIES FROM ANY AND AGAINST ALL
ACTIONS, LAWSUITS, CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES AND EXPENSES,
INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, WHATSOEVER THAT YOU
MAY OTHERWISE HAVE IN CONNECTION WITH THE USE (OR INABILITY TO USE) THE SERVICES
(WHETHER BY YOU OR BY ANY OTHER PERSON) THAT ARE PROVIDED TO YOU UNDER THIS
AGREEMENT (COLLECTIVELY, "CLAIMS"). TO THE FULLEST EXTENT PERMITTED BY LAW, YOU
WAIVE YOUR RIGHT AND COVENANT NOT TO SUE FOR SAID CLAIMS AGAINST G12 PARTIES. G12
has no physical control over whether, or the manner in which, calls using our 911 Service are
delivered by our underlying 911 provider or whether or if they are properly answered or
addressed by any local emergency response center. Also, G12 relies on its underlying 911 provider
and other third parties to route 911 Emergency calls to the proper emergency response center.
ACCORDINGLY, YOU AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS G12 PARTIES
FROM ANY AND ALL CLAIMS AND DAMAGES THAT DIRECTLY, INDIRECTLY OR ARISE OUT OF
THE HANDLING OF SUCH CALLS BY ANY THIRD PARTY OR FOR ANY OTHER CONDUCT OF THE
LOCAL EMERGENCY RESPONSE CENTER, THE PUBLIC SAFETY ANSWERING POINT OR OF THE
NATIONAL EMERGENCY CALLING CENTER USED BY G12'S UNDERLYING 911 PROVIDER. BY
USING THE SERVICES, YOU AGREE THAT G12 PARTIES WILL NOT HAVE ANY SUCH LIABILITY OR
RESPONSIBILITY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE
YOUR RIGHT TO BRING ANY CLAIM AGAINST G12 PARTIES, ARISING FROM OR IN CONNECTION
WITH THE EMERGENCY 911 SERVICE, EXCEPT WHERE SUCH CLAIMS RESULT FROM G12'S (OR
ITS EMPLOYEES' OR AGENTS') WILLFUL MISCONDUCT. FURTHERMORE, TO THE EXTENT
PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD G12 PARTIES HARMLESS
FROM ANY CLAIMS AND DAMAGES BROUGHT, ASSERTED OR THREATENED BY ANY THIRD
PARTY AGAINST G12 PARTIES ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION
WITH ANY USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING WITHOUT LIMITATION, 911
AND E911 SERVICE, AND ANY OTHER CONDUCT REFERRED TO IN THIS SECTION UNLESS
CAUSED BY G12'S (OR ITS EMPLOYEES' OR AGENTS') WILLFUL MISCONDUCT. YOU SHOULD
NOT SIGN UP FOR THE SERVICE UNLESS YOU FULLY UNDERSTAND AND AGREE WITH THESE
LIMITATIONS AND DISCLAIMERS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO
ASSUME THE RISK OF LOSING EMERGENCY 911 DIALING CAPABILITIES AND CONSENT TO THE
DISCLOSURE OF YOUR TELEPHONE NUMBER AND OTHER IDENTIFYING INFORMATION TO
EMERGENCY 911 AUTHORITIES AS G12 DEEMS NECESSARY IN ITS SOLE OPINION AND
DISCRETION.
5. Customer Acknowledgment.
By signing this 911 Disclaimer, Customer acknowledges and agrees to the VoIP Service 911 and
E911 limitations, Customer Obligations and G12 Parties limitations of liability described above. In
addition, Customer agrees that, prior to use of any G12Services, all Users of G12 Services have
been made aware of the VoIP Service 911 and E911 limitations and Customer Obligations AND
will ensure that all Softphones have the 911 label attached to or near all of the Softphones using
G12 Services. Customer agrees to obtain an acknowledgment from each User of G12 Services of
the VoIP 911 and E911 limitations and to forward such acknowledgment to G12. G12 reserves the
right to not provide the Service to You until G12 has received your signature below. If You have
questions, please contact us at support@G12com.com.
I accept the Terms and Conditions
Doc ID: 8f729d32246c1dd1b72bc5e1461528b5021c7862
Signature
Before you sign this quote, an email must be sent to you to verify your identity. Find your prole
below to request a verication email.
Brett Tietjen
btietjen@rentonwa.gov []
Rick Garcia
rgarcia@g12com.com [sig|req|signer2 ]
G12 Communications
218 Main Street
#793
Kirkland, WA 98033
United States
siiiiiig|||||||||||||req|siiiiiiiiiiiiiiiiiggggggggggggggggggggnnnnnnnnnnnnnnnnnnnnner1111111111111111111
Doc ID: 8f729d32246c1dd1b72bc5e1461528b5021c7862
City of Renton- SIP New
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IP: 146.129.251.56
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