This network services agreement governs the Jive Managed Network (“JMN”) and Jive Business Continuity (“JBC”) services provided by Jive Communications, Inc. (“Jive”). It is between Jive and the “Customer” identified in a signed sales quote.
The parties agree as follows:
- Terms of service. This agreement is subject to Jive’s terms of service, which are available at jive.com/legal/terms-of-service/.
- Term; extension of term. (a) The initial term of this agreement terminates twelve months after the first day of the first whole month after the Customer has signed the sales quote. Jive shall prorate the Service Charges for any partial month at the beginning of the initial term.
(b) The term will automatically extend month-to-month after the initial term.
(c) This term applies to JMN and JBC and may be different than the term for other Services on the Customer’s account.
- Features of JMN and JBC. (a) Jive shall:
(1) supply the network hardware identified in the sales quote in connection with JMN or JBC (the “Network Hardware”). The Network Hardware will be pre-configured to give priority to voice traffic over other network traffic;
(2) assign a dedicated project manager to assist the Customer with implementation;
(3) provide the Customer direct access to tier 2 phone support for all support calls without requiring the Customer to first engage tier 1 phone support;
(4) remotely update the Customer’s dial plan and voice-related router configuration upon request from the Customer; and
(5) monitor the performance of the Customer’s network for degradation likely to affect call quality.
(b) The network monitoring service identified in item 5 of section 3(a) will be accomplished via network monitoring software pre-installed on the Network Hardware (the “Software”). The Software will generate general network performance data related to the Customer’s local area network and wide area network and send the performance data to Jive. The Software will not access, collect, or quantify any data transmitted on the Company’s network except the data the Software itself generates. The Software will run continuously in the background and will consume minimal network resources. The Customer acknowledges that call quality cannot be predicted with certainty based on network performance data collected by the Software.
- Additional feature of JMN. If the Customer purchases JMN, Jive shall replace the Network Hardware via overnight shipping at no charge if the Network Hardware fails for any reason other than damage by the Customer. This feature is in addition to the features stated in section 3.
- Additional features of JBC. (a) If the Customer purchases JBC, Jive shall provide the failover service stated in section 5(b) and shall replace the Network Hardware at no charge if the Network Hardware fails for any reason other than damage by the Customer. These features are in addition to the features stated in section 3.
(b) Jive shall provide Network Hardware that will do the following in the event of an internet outage:
(1) detect the outage and route outgoing calls over an analog telephone line;
(2) terminate an outbound call if necessary to open an analog line for an outbound 911 call;
(3) accept incoming calls if the Customer has an open analog telephone line and direct the calls to a previously specified extension; and
(4) allow the Customer to make extension-to-extension calls to other Jive users on its local area network.
(c) The failover service stated in section 5(b) requires that (1) the Customer’s local area network remain operational during an internet outage and (2) the Customer have at least one analog telephone line, which the Customer shall obtain separately.
- Hardware ownership. Jive owns the Network Hardware. At the end of the term, the Customer shall return it to Jive at the Customer’s expense.