AWS NATIONAL ACCOUNTS 1-2004 - Laserfiche WebLink

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forwarded to another phone number, the Purchasing Entity will be charged for the entire time that the switch handles the call. For calls made from or received in the End User's local area, Purchasing Entity will not be charged for busy or uncorrected calls if the End User presses "End" or "No" within a reasonable time. If Equipment is used as a pager, the Purchasing Entity will be charged for messages as described in the selected rate plan. If a selected calling plan or rate plan includes a predetermined allotment of services (for example, a predetermined amount of airtime, data, or text messages), unused allotment of such services from one billing cycle will not carry over to any other billing cycle. 2.3 Wireless Data Service. Unless the selected Wireless Data Service rate plan provides otherwise, Wireless Data Service usage is aggregated over a billing cycle, with any partial kilobyte of data used in that billing cycle being rounded up to a full kilobyte. 3. AT &T Wireless Program Eligibility Requirements. Participating Entity must at all times meet the following program eligibility requirements throughout the term of the Agreement in contractor markets set forth in the Agreement ( "Contractor Markets "). 3.1 Minimum Subscription Requirement. Participating Entity must have at least fifty (50) separate End Users subscribing to Service at all times. If contractor reasonably determines that a Participating Entity will not achieve this subscription level within ninety (90) days of the date of the Agreement or will not maintain this subscription level during the term of this agreement, then that Participating Entity will be in default under §86 of this agreement; provided, however, that for purposes of breach of this section only, the notice period will be sixty (60) days. 3.2 Minimum Revenue Requirement. Participating Entity must use a volume of Service such that contractor will realize service revenue for Qualified Charges, as defined in §4.1 below ( "Service Revenue ") of at least $45,000 per term year. If Participating Entity fails to achieve this revenue requirement in any term year, then that Participating Entity will be in default under §8B of this Agreement. 4. Service Discount. Contractor will provide Service to each Participating Entity with pricing and discounts applied in accordance with the Service and Equipment Schedule. This "Service Discount" is applied to a rate plan's Qualified Charges only. Contractor is not liable for any damages resulting from any failure by contractor or its billing vendors to properly calculate and apply the Service Discount. Contractor and Purchasing Entity will reconcile any miscalculation on the following month's invoice. 4.1 "Qualified Charges" For the purpose of determining the amounts against which the Service Discount is applied, the following undiscounted Service charges are "Qualified Charges ": (a) one -time charges for Service activation and conversion, (b) monthly wireless access charges, (c) home wireless airtime charges, (d) roaming airtime charges incurred by Numbers provisioned from Contractor Markets while roaming in other Contractor Markets, (e) charges for detail billing, (f) charges for tethering, and (g) charges for additional wireless service features such as voice mail, but excluding enhanced features such as directory assistance or fee -based information services where contractor or Carrier pays a fee to a third -party vendor for use of the feature. To the extent there is any material conflict between the definition of Qualified Charges set forth in this §4.1, and any other reference to charges against which the Service Discount might apply found elsewhere in this Agreement, the definition set forth in this §4.1 will control. 4.2 "Non - Qualified Charges" refers to the following charges to which the Service Discount will not apply: (a) charges for long distance service, (b) all charges for local landline interconnect, toll services and other charges arising from or related to wireless operators providing long distance service, (c) all charges for Equipment, (d) roaming charges in areas other than Contractor Markets, (e) all taxes, and (f) all other charges not described in §4.1 above, including without limitation recoveries for universal service assessments. 5. Equipment Pricing. Contractor will provide Purchasing Entity Equipment pursuant to the SES. 6. AT &T Employee Benefit Program ( "Employee Benefit Program "). Purchasing Entities current W -2 employees may participate in the Employee Benefit Program. All such W -2 employees 20