Notice of Amendment
Effective September 28, 2018, Altice is amending and updating its Agreement for Optimum Business Hosted Voice, now named the Additional Terms of Service for Optimum Business Hosted Voice, as set forth below.
Additional Terms of Service for Optimum Business Hosted Voice
Subscriber understands and agrees that these additional Terms of Service for Optimum Business Hosted Voice for Business ("Additional BHV Terms") are incorporated into and made a part of the General Terms and Conditions of Service (Business) ("Terms of Service") and apply to the Optimum Business Hosted Voice service, including the Business Hosted Voice Application ("App"), the Business Hosted Voice client ("Client"), the Business Hosted Voice Business Account Center at https://business.optimum.net ("Account Center") and the Business Hosted Voice portal at http://www.businesshostedvoice.com ("Portal") (collectively, "Hosted Voice" or "Service") provided to Subscriber by CSC Holdings, LLC, formerly CSC Holdings, Inc., ("Altice"). Subscriber further understands and agrees that these Additional BHV Terms also incorporate and include the Altice Customer Privacy Notice and Additional OOL Business Terms, as they may be changed from time to time.
Subscriber's use of Hosted Voice shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service, including these Additional BHV Terms. Any Subscriber who does not agree to be bound by these terms should immediately stop their use of the Hosted Voice Service and notify the Altice Customer Service Department to terminate the account. This is a legal document.
1. Services Provided: Altice's Optimum Business Hosted Voice is a hosted business communications service offering that provides certain equipment, network and IT support for small businesses for an agreed-upon term. Hosted Voice provides unlimited calling within the United States, Puerto Rico, Canada and the U.S. Virgin Islands as well as an optional international calling plan for direct-dialed calls made from the Subscriber's business to locations outside of the United States, Puerto Rico, Canada and the U.S. Virgin Islands, including the ability to set up authorization codes to access international calling. Advanced features include, but are not limited to, extension dialing, managed call queues, auto attendant, call park, hunt group(s), as well as mobility features such as single number reach and softphone clients.
2. Term, Early Cancellation, Downgrades and Payment of Charges:
A. Term: Hosted Voice shall continue for an initial term as indicated on the Hosted Voice Service Order form. Following the initial term, your subscription will automatically renew on a monthly basis, until cancelled by Subscriber or terminated by Altice, provided that Subscriber maintains the same level of Hosted Voice Service. Changes in level of Service may require a new term commitment.
B. Early Termination: Should Subscriber terminate Hosted Voice service prior to the end of the initial term, an early cancellation fee shall apply that is calculated based on the residual days of the initial term.
C. Payment of Charges:
i. Subscriber agrees to pay the monthly service charge for Hosted Voice. Subscriber understands and agrees that Hosted Voice is offered only as an additional service of Altice's Optimum Online for Business offering and may not be purchased as a stand-alone service. Altice reserves the right to increase or decrease the fee for any services offered. Hosted Voice will be terminated in the event the Subscriber does not pay. The interstate/international allocation of the Hosted Voice service is based upon a traffic study that analyzes the intrastate, interstate and international minutes of all customers.
ii. The monthly service charge will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel the Hosted Voice service. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTIONS PERIOD(S).
In the event of conflict between this section and the Terms of Service, this section shall govern.
3. Hosted Voice Service Features: Hosted Voice service is offered with the following features:
A. Unlimited local, regional and long distance calling within the United States, Puerto Rico, Canada and the U.S. Virgin Islands including 800 service, Optimum Business Hosted Voice App, Client, Account Center & Portal, unlimited inbound calling, a choice of an unlisted telephone number and/or the ability to keep your current telephone number and port it over to Hosted Voice. Direct-dial calls outside of the U.S. are available only with the Hosted Voice International Calling Plan at an additional per minute charge. Hosted Voice does not support busy line verification, busy line interruption, and operator assisted calling (including person to person and station to station calling), pay services or third-party billing. Call forwarding is not available outside the continental U.S.
B. Enhanced 911 ("E-911) is a feature of the Hosted Voice service. The Hosted Voice E-911 Terms and Conditions are available at https://business.optimum.net/terms/bhve911 and incorporated herein by this reference.
C. Hosted Voice International Calling:: Hosted Voice offers an International Calling Service for direct-dialed calls made from the Subscriber's business or from any phone via the Optimum Voice International Calling remote access number to destinations outside of the United States ("U.S."), Puerto Rico, Canada, and the U.S. Virgin Islands at per minute rates. In order to activate the International Calling Service, Subscriber must login to the Portal and activate the service on the desired numbers(s). Audio-text lines/destinations are excluded from Hosted Voice International Calling.
i. Monthly International Plan Charge: Subscriber will be charged a monthly international plan charge upon activating International Calling. The monthly international plan charge covers all lines on the account and is charged to the account even when no international calls are made.
ii. Per Minute Rates: The per minute rates vary by destination and are posted at: https://business.optimum.net/international/popRatesNew. The per minute rates are subject to change at any time and any updates will be effective upon posting at: https://business.optimum.net/international/popRatesNew. Charges for Hosted Voice International Calling at the per minute rates will appear on Subscriber's monthly billing statement for the relevant usage cycle (the "Usage Cycle"). Hosted Voice International Calling will be billed in sixty (60) second increments and rounded up to the nearest sixty (60) second increment.
iii. Calling Limits:
a. Altice reserves the right to impose limits on the unpaid balance for Hosted Voice International Calling charges incurred by Subscriber during a Usage Cycle (the "Calling Limit"). Altice shall have the right to modify Calling Limits, either on an individual Subscriber basis or as applied to all Subscribers, in its sole discretion and impose varying Calling Limits depending on Subscriber's account status.
1. Subscribers in good standing with the Hosted Voice service for less than ninety (90) consecutive days have a Calling Limit of One Hundred and Seventy Five Dollars ($175) per Usage Cycle; and
2. Subscriber in good standing with the Hosted Voice service for ninety (90) or more consecutive days have a Calling Limit of Three Hundred and Fifty Dollars ($350) per Usage Cycle.
b. Subscriber may create a "Calling Limit" whereby Subscriber sets a maximum aggregate amount of fees for Hosted Voice International Calling that can be accrued during a Usage Cycle which amount is lower than the Calling Limit imposed by Altice. Except as described below, Subscribers will not be able to complete Hosted Voice International Calling calls in the event they have reached the Altice-imposed Calling Limit or the Subscriber-designated Calling Limit.
D. Overhead Paging: Hosted Voice is compatible with most overhead paging systems. In the event Subscriber’s overhead paging system is not compatible with Hosted Voice, Subscriber will be responsible for bringing the overhead paging system into compliance with Optimum Business Hosted Voice.
E. Anonymous Calling: Hosted Voice provides the option to hide caller ID information on a per call basis via *67 or for all calls through the Portal. However, if Subscriber is calling an Optimum Voice Toll Free number, caller ID information (Name and Telephone Number) will be displayed to the owner of the Toll Free number regardless if the feature is active or not.
F. Caller Name: Hosted Voice will associate the Subscriber's business name with the Subscriber's telephone numbers on the account to be displayed in association with Caller Name (CNAM) lookup services provided by Optimum Voice and other telecommunications service providers for all calls made from any of the numbers on the account. Following initial service commencement, Subscriber can modify and manage the Caller Name(s) for each telephone number on the account by contacting Optimum Customer Service. Subscriber agrees to the following: Caller Name submissions(s) shall not mislead or impersonate any person or company; Caller Name submission(s) shall not contain false information and shall accurately represent the name of the company that subscribes to the service; Caller Name submission(s) shall not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Cablevision or the publisher in its sole discretion; and Caller Name submission(s) shall comply with all relevant laws, rules and regulations.
G. Directory Listing: Hosted Voice offers a directory listing capability that enables the Subscriber to list their phone number(s) in their local print White Pages as well as 411 Directory Assistance.
i. Directory Listing Submission
a. The Subscriber agrees to authorize Altice to submit their directory-listing request to their local print telephone White Pages and 411 Directory Assistance.
b. New Listings - For a new listing submission, Altice will submit a single entry, straight line listing to the local directory as well as 411 Directory Assistance. A Subscriber's directory listing may not be available in 411 Directory Assistance for up to 2-3 business days subsequent to a directory listing update request.
ii. Directory Listing Availability
a. Directory listing submissions (additions/updates/deletes) will be reflected in 411 Directory Assistance in approximately 2-3 business days and in the applicable local print White Pages upon their next publication.
b. Subscriber directory listings remain in 411 Directory Assistance and the applicable local print White Pages as long as the Subscriber maintains their applicable Optimum Business Hosted Voice service.
c. Subscriber agrees that:
1. Subscriber has the authority to add/update/delete Directory Listings associated with the Subscriber's account.
2. Directory listing submission(s) do not mislead or impersonate any person or company.
3. Directory listing submission(s) do not contain false listing information.
4. Directory listing submission(s) do not contain abusive, defamatory, vulgar, obscene, racist or any other language objectionable to any person or entity as determined by Cablevision or the publisher in its sole discretion.
iii. Directory Listing of Toll Free Numbers
Hosted Voice offers a directory listing capability that enables the Subscriber of Hosted Voice Toll Free service to list their Toll Free number in the local White Pages print directory and 411 Directory Assistance. A Subscriber who wishes to list their Toll Free number in the Yellow Pages directory or any other directory should negotiate a contract with the publisher directly. Participation in the Toll Free 1-800-555-1212 Directory Assistance or www.Tollfreeda.com web site is not available to Hosted Voice Toll Free listings. When a Toll Free number is transferred over to Hosted Voice, the previous provider will remove the listing from 1-800-555-1212 and www.Tollfreeda.com.
iv. Subscriber agrees to hold Altice harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of the number of a non-published service or the disclosing of said number to any person. Altice shall not be held liable for any errors or omissions in the directory listing, whether arising through negligence or otherwise, in the information furnished and the Subscriber shall hold Altice harmless against all claims that may arise from the use of such information.
H. Call Recording: Hosted Voice may offer call recording capability. Recordings will be maintained on the Hosted Voice platform for up to 90 days and then deleted. Subscriber understands that recording a call without the consent of all participants in that call may be illegal in some States. Subscriber is solely responsible for ensuring compliance with all applicable laws with respect to use of the call recording feature. ALTICE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE QUALITY OF ANY RECORDING MADE USING THE CALL RECORDING FEATURE AND SHALL HAVE NO LIABILITY IF THE RECORDING MADE USING THIS FEATURE FAILS OR IS OF POOR QUALITY.
I. Abuse & Fraud: It is Subscriber’s responsibility to properly secure their Hosted Voice account against abuse, fraudulent use or activity, or any use or activity prohibited by this Agreement. If such activity is detected, Altice reserves the right to disable Hosted Voice services without prior notice until such activity has ceased. Subscriber is solely responsible for all charges incurred as a result of abuse or fraud.
J. Hosted Voice may from time to time, offer additional service features or functionality. Information about these features or functions will be available through the Hosted Voice Home Page. These features or functions may be further subject to specific terms and conditions and subject to change at any time by Altice.
4. Equipment required: Hosted Voice requires a cable modem that is supplied through Subscriber’s Optimum Online service (monthly modem fees may apply), Optimum router, Power Over Ethernet ("POE") switch(es), and a telephone set for each seat.. Upon termination of the Hosted Voice service for any reason, Subscriber may be asked to return the aforementioned Altice-supplied equipment within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee charged by Altice at the time the equipment was supplied by Altice. Alternatively, Subscriber may purchase an approved cable modem here.
5. Hosted Voice Service Limitations:
A. Service outages: Your modem, provided through your Optimum Online for Business service (monthly modem fees may apply), is electrically powered. If there is a power outage, or if broadband connection is disrupted or not operating, the modem, including all phones and services connected to or powered by it, will not work. Subscriber expressly acknowledges that in such cases Enhanced 911 service will not work. Subscribers may choose to purchase from Optimum additional UPS upgrade for use in the event of a non-network related outage.
B. Medical Alert, Fire Alarm and Security Monitoring Systems Not Supported: Altice prohibits the use of Optimum Business Hosted Voice as a connection between (i) medical alert systems; (ii) fire alarm systems (UL 864 or similar); or (iii) any high security monitoring systems (UL 681 or similar) and the central station monitoring and will neither connect to such services, nor provide technical support for the connection. If Subscriber desires to utilize such monitoring systems, Subscriber must maintain an alternate connection.
C. Softphones Off-Site Phones & WiFi Connectivity: Hosted Voice phones and subscriber provided softphones or off-site phones are capable of working over the public internet, including WiFi. However, for business critical applications, please be aware that Optimum discourages the use of these phones and softphones at any location aside from the location(s) where the Hosted Voice services are located. In no event shall Altice be responsible for, nor does it warrant the performance or interoperability of the service in connection with any softphones, off-site phones or wireless connectivity. It is subscriber’s sole responsibility to support and troubleshoot any related connectivity issues under this section.
i. Since Optimum cannot control or troubleshoot the public internet, softphones and/or off-site phones may experience any of the following: (a) static/garbled calls; (b) call clipping and echo; (c) dropped calls; (d) one way audio; (e) cannot receive inbound calls; (f) failure of phones to register; and/or (g) flashing keys.
ii. Other issues that could contribute to a poor experience at an offsite location, include but are not limited to: (a) condition of the LAN or wiring; (b) number of devices being used concurrently; (c) quality of internet connection; (d) available bandwidth or bandwidth contention; (e) other network devices/traffic; (f) firewall not configured for SIP traffic; (g) LAN routers and switches blocking phone access to the internet; and/or (h) internet provider blocking SIP traffic.
iii. If you move your phone, change your location, or use your soft phone at another location and you do not update your then-current address or location, 911 emergency calls may not be properly routed or supported.
D. Limitations on operator assisted calls: Currently, certain operator assisted services such as busy line verification, busy line interruption and operator assisted calling (including person-to-person and station-to-station calling), dial around services (10-10-XXX), pay services (900 and 976 services), collect calling and third-party billing are not offered with the Hosted VoiceService.
E. Limitations on Toll Free Calls: Hosted Voice Toll Free Service does not accept toll free calls that originate from payphones or toll free calls which require any operator intervention or screening for call completion including calls originating from lines within a prison or confinement/detention facility that are intended for inmate/detainee use and require outward call screening and restriction and private paystations that may or may not require coins for call completion.
F. Subscriber acknowledges and agrees that (i) third parties may commit or attempt to commit unlawful, disruptive, violent, terrorist and/or warlike acts at times and places, and in manners, that cannot be predicted or prevented; (ii) information technology developments, configuration or implementation changes, software modifications (including routine maintenance, patches, enhancements and upgrades), human factors and other circumstances can create new, unknown and unpredictable security exposures; and (c) information technology "hackers" and other third parties continue to develop and employ increasingly sophisticated and powerful techniques and tools which result in ever-growing security risks and potential for causing damage to persons and property. Optimum does not make any representation or warranty that Subscriber’s or any third party’s information technology, software, information, equipment, facilities, or personnel are, or will be, secure, or safe from harm caused by the preceding and that Subscriber has a responsibility to actively monitor the functions of its systems and to back up its data regularly. Optimum does not provide or represent or warrant that Service or products Optimum provides will ensure Subscriber’s compliance with any particular law, including but not limited to any law relating to security or privacy. Subscriber is solely responsible for complying with legal obligations of all data protection legislation, in particular with the legality of transmission of data to Optimum and the legal requirements for processing of data.
6. Incorporation of Altice’s Agreement for Optimum Online for Business: The Hosted Voice Service is are offered as an additional service of Altice’s Optimum Online for Business Service offering. Subscriber agrees that the Additional OOL Business Terms shall apply to the Hosted Voice Service. The Additional BHV Terms shall control in the event of any conflict with the Additional OOL Business Terms.
7. Prohibited Uses: Hosted Voice is intended for the small business customer and may not be resold, used for illegal purpose, for completion of excessive auto-dialed or short duration calls with predictive dialers, or for any use that could harm or interfere with the ability of Altice or others to use Altice’s Network. Additionally, Hosted Voice for may not be used for purposes including, but not limited to, telemarketing, call center services, medical transcription, facsimile broadcasting, resell purposes, or engineered calling to utilize Hosted Voice solely for outbound calling, including utilizing call forwarding or any other calling feature to achieve outbound calling or permitting others to call another person or company so frequently or at such times of the day or in such a manner as to harass, abuse or torment such other person(s) or company including the use of profane or obscene language. Altice reserves the right to disconnect all Services without notice for any prohibited transmissions or uses, including the use of the Hosted Voice Service by the Subscriber that injuriously affects the efficiency of Altice's personnel (direct or subcontracted), plant or property and to terminate Service in the event of violation of the foregoing use restrictions. Subscriber shall be responsible for all charges incurred as a result of fraud, including toll fraud, abuse or unauthorized use of the Hosted Voice Service.
Effective September 28, 2018