1. General. Customer Communications and Compliance. Customer is solely responsible for the subject matter, timing, frequency, and manner of any communications with its customers while using the Cloud Services, and in using the Cloud Services, agrees to comply with applicable law. With respect to any outbound communications, Customer alone selects the intended recipient, is responsible for obtaining any necessary consent, and such outbound communications are made at Customer’s initiative and direction, with Customer considered the “caller” or “sender.”
2. Voice.
2.1 Voice Usage Pricing Segments. Pricing for Voice Usage (as defined below) is based on two separate segments, or legs, to each call. One leg consists of the connection between NICE and the called party (for outbound calling) or NICE and the calling party (for inbound calling) and is known as the consumer leg (“Consumer Leg”). The other leg consists of the connection between Customer’s Agents and NICE and is known as the agent leg (“Agent Leg”). There is no Agent Leg charge where Customer connects to NICE using VOIP connectivity; an additional charge applies for the Agent Leg when Customer uses non-VOIP connectivity.
2.2 Voice Usage Calculation. “Voice Usage” means the cumulative minutes, calculated using six (6) second increments with a twelve (12) second per call minimum, that the Cloud Services were utilized (“Utilization Time”) by Customer for Customer’s calls during any billing period, which is generally each calendar month. Utilization Time begins when the Cloud Services are first connected to the call to the time when the Cloud Services are disengaged. Fees for Voice Usage do not include busy signals, “bad numbers,” or “no answer,” unless the Cloud Services have otherwise connected to Customer’s call. Fees are based on the actual monthly Voice Usage (subject to the minimum increments set forth in this paragraph) incurred by Customer and are non-refundable.
2.3 Answering Machine Detection. “Answering Machine Detection” or “AMD” means Software that differentiates an answering machine or voicemail from a live person. Customer assumes the risk of a limited number of answering machine misdetections that are consistent with industry level accuracy standards.
2.4 Traceback Requests. Traceback requests are requests typically originating with a law enforcement or a regulatory body. The purpose of a traceback request is to identify the originator of a suspicious call through various telecommunications networks. Customer is obligated to provide reasonable cooperation in any traceback requests initiated by any applicable law enforcement or regulatory authority.
3. Caller ID.
3.1 A consumer who subscribes to caller ID is generally able to read—on the consumer’s caller ID display—an alphanumeric description associated with the calling party. When NICE provides a local caller ID (“LCID”) package to Customer, it is typically the telephone number (i.e. numeric characters) only that is displayed on the consumer’s caller ID display, with the alpha portion blank. Customer now wishes to have the alpha portion populated as well, with a description chosen by Customer. NICE is able to arrange this service (“CNAM Delivery”) for calls terminated in the U.S. and Canada through a combination of technical enhancements to our service, the CNAM capabilities of PSTN voice carriers and, for calls terminated outside the U.S., a CNAM database service provider.
3.2 Customer warrants that they are authorized to use the Calling Names and associated local telephone numbers provided by them for input into the CNAM databases. Customer understands that input of Calling Name into CNAM databases does not ensure Calling Name delivery by receiving carriers to the Customer's called parties.
3.3 Limitations and Disclaimers. CNAM Delivery under this Agreement is provided by third party voice carriers and CNAM database service providers. NICE and these various 3rd parties are independent companies, and NICE is not responsible for any errors or omissions of these 3rd parties. Accordingly, Customer agrees to hold NICE harmless for any errors or omissions of these 3rd parties.
3.4 Neither NICE nor the 3rd parties delivering the CNAM services can guarantee the performance of CNAM Delivery, given that there is no single provider maintaining all CNAM data, among other reasons.
3.5 Customer understands that CNAM Delivery to cellular telephones is successful on less than one percent of all calls. This is a limitation of cellular telephone carrier networks.
3.6 Customer understands that CNAM delivery on toll-free numbers (where the caller ID, not the number dialed, is toll-free) is highly inaccurate inasmuch as many terminating carriers will not perform a CNAM lookup for toll free numbers.
4. SMS and MMS. Customer agrees to comply with the latest version of the Cellular Telecommunications Industry Association (“CTIA”) “Messaging Principles and Best Practices.”
5. Email.
5.1 Email Cleanse. Upon Customer’s written request, NICE will perform an email cleanse to verify valid email addresses prior to sending any email campaign. The process checks any email address provided to determine whether it is valid, without actually sending the email. This helps reduce “bounce” rates. NICE reserves the right to require email list cleansing if campaign bounce rates exceed 5%.
5.2 Limitations and Disclaimers. Email delivery is dependent on various third-party providers, particularly internet service providers (ISPs) who have the ability to block emails or classify email domains as generating spam.
6. Attempt Supervisor. Customer is responsible for configuring the rules and parameters in Attempt Supervisor, and for testing Attempt Supervisor to ensure proper functioning before use in Production. Attempt Supervisor is subject to limits regarding the maximum number of rules that can be configured, and, when dialing manually, subject to a short lag time (i.e., under three minutes) before the call is logged into the Attempt Supervisor application.
7. Unified Analytics. As part of Unified Analytics, NICE stores Content with a third-party data warehouse in order to facilitate performance. Such third-party data warehouse is at all times obligated to protect all Content from any unauthorized disclosure and has technical and physical safeguards in place to do so. In electing Unified Analytics, Customer is consenting to the use of the third-party warehouse.
8. Service Limitations.
8.1 THE 911 SERVICE DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILITY AS TRADITIONAL WIRELINE ACCESS TO EMERGENCY SERVICES. THE 911 SERVICE’S FEATURES AND FUNCTIONALITY ARE NEW TECHNOLOGIES IN THE MARKETPLACE TO DELIVER 911 CALLS RECEIVED THROUGH THE CLOUD SERVICES TO THE PUBLIC SAFETY ANSWERING POINT (PSAP). CUSTOMER UNDERSTANDS THAT, GIVEN As part of Unified Analytics, NICE stores Content with a third-party data warehouse in order to facilitate performance. Such third-party data warehouse is at all times obligated to protect all Content from any unauthorized disclosure and has technical and physical safeguards in place to do so. In electing Unified Analytics, Customer is consenting to the use of the third-party warehouse.
8.2 THE SIGNIFICANT RISK OF FAILURE TO ACCURATELY DELIVER TIMELY LOCATION-BASED EMERGENCY SERVICES VIA THE 911 SERVICE, NICE DOES NOT RECOMMEND THAT THE 911 SERVICE OR THE CLOUD SERVICES BE USED AS THE SOLE, OR PRIMARY, METHOD AVAILABLE TO CUSTOMER OR CUSTOMER’S CONFIGURED USERS OF THE CLOUD SERVICES AT CUSTOMER LOCATIONS FOR CONTACTING EMERGENCY SERVICES. RATHER, NICE STRONGLY RECOMMENDS THAT CUSTOMER DESIGNATE A SEPARATE PRIMARY METHOD AVAILABLE TO ITS CONFIGURED USERS FOR CONTACTING EMERGENCY SERVICES AT ANY LOCATION WHERE SUCH CONFIGURED USERS MAY ACCESS THE CLOUD SERVICES. AS BETWEEN CUSTOMER AND NICE (INCLUDING ITS AFFILIATES), CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR NOTIFYING ALL CONFIGURED USERS, AND OTHER RELEVANT INDIVIDUALS AT CUSTOMER’S LOCATIONS UTILIZING THE CLOUD SERVICES, OF THE PRIMARY METHOD OF CONTACTING EMERGENCY SERVICES, INCLUDING PROVIDING APPROPRIATE TRAINING AND VISUAL REMINDERS (E.G., EQUIPMENT STICKERS, WARNING POSTERS, ROUTINE REQUEST TO UPDATE EMAILS). ADDITIONALLY, CUSTOMER AUTHORIZES NICE AND ITS AFFILIATES TO DISCLOSE ANY CALL DATA OR OTHER INFORMATION ASSOCIATED WITH CUSTOMER AND ITS CONFIGURED USERS TO THIRD PARTY EMERGENCY SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, CALL ROUTERS, CALL CENTERS, AND PSAP FOR THE PURPOSE OF DELIVERING THE 911 SERVICE. CALLS PLACED TO EMERGENCY SERVICES USING THE 911 SERVICE WILL INCUR A CHARGE OF SEVENTY-FIVE DOLLARS ($75) PER CALL, WHICH SHALL BE INVOICED MONTHLY IN ARREARS.
8.3 DISCLAIMER OF LIABILITY. EXCEPT AS PROVIDED FOR IN THESE EMERGENCY SERVICES – 911 DIALING TERMS, OR FOR THOSE MATTERS WHICH MAY NOT BE DISCLAIMED BY APPLICABLE LAW, NICE DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF CUSTOMER, ITS CONFIGURED USERS, OR ANY THIRD PARTY’S INABILITY TO CONTACT 911, OR ANY OTHER EMERGENCY TELEPHONE NUMBER, OR TO ACCESS AN EMERGENCY SERVICE OPERATOR, OR OBTAIN EMERGENCY SERVICES UTILIZING THE 911 SERVICE, INCLUDING DUE TO ERRORS OR DISRUPTIONS CAUSED BY ANY OF THE FOLLOWING: THE INTERNET; POWER OR ELECT RICAL FAILURES; FAILURE BY CUSTOMER OR ITS CONFIGURED USERS TO ACTIVATE THE SERVICE; IMPROPER, OUT-OF-DATE, INCOMPLETE, OR OTHER INACCURATE DATA PROVIDED BY CUSTOMER OR ITS CONFIGURED USERS, CUSTOMER DEVICES, CARRIERS, OR IN THE CALL DETAIL RECORD; HARDWARE, SOFTWARE, INFRASTRUCTURE, UTILITIES, INSTALLATION, CONFIGURATION, OR TRANSMISSION FAILURES OUTSIDE THE CONTROL OF NICE; AND ANY ACTS OR OMISSIONS ON THE PART OF THE EMERGENCY SERVICE.
8.4 INDEMNIFICATION. EXCEPT AS PROVIDED FOR IN THESE EMERGENCY SERVICES – 911 DIALING TERMS, OR AS MAY BE PROHIBITED BY APPLICABLE LAW, CUSTOMER AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS NICE AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, REPRESENTATIVES OR AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, SUITS OR ACTIONS, FINES, PENALTIES, COST AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) WHETHER SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY THRID PARTY OR PERSON OR FOR THE DISCLOSURE OF PERSONAL INFORMATION OF ANY PERSON OR PERSONS TO THIRD PARTY EMERGENCY SERVICE PROVIDERS OR TO CUSTOMER FOR THE PURPOSE OF DELIVERING THE 911 SERVICE, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE OPERATION, FAILURE OR OUTAGE, INCORRECT ROUTING, OR USE OF, OR INABILITY OF A PERSON TO USE, THE 911 SERVICE OR ACCESS EMERGENCY SERVICES.
