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[Standard_Usage_Guidelines_Details]
CAPACITY MANAGEMENT
The Gafachi Capacity Management System limits Customer's maximum concurrent call count with a separate trunk limit for each of the following categories: US48 Termination, Non-US48 Termination, and Toll Free Origination.
Customer understands that Gafachi does not guarantee the availability of capacity in any way, and that Gafachi shall not be liable for the lack of available capacity, failure for calls to complete, or any circumstances related thereto.
Customer may request changes for trunk limits. Gafachi processes such requests manually, at Gafachi's sole discretion. Gafachi may impose requirements upon Customer such as additional pre-payment and/or security deposit prior to commencing processing such a request. Any such requirements shall not be construed as purchase of capacity, nor payment for capacity. Customer understands that Gafachi may decrease Customer's capacity at any time for any reason without notice or liability to Customer.
OTHER RATE TERMS
"Weekly Usage Cycle" means the seven (7) day period, beginning each Saturday, for which Gafachi organizes Customer usage data for purposes of determining the applicability and/or amount of certain surcharges and fees described herein.
"Paid Calls" means calls which have a per-minute usage charge assessed. Paid Calls exclude DID Origination calls. Paid Calls exclude Toll Free Termination calls (which are calls made in the outbound direction from customer thru the Gafachi Network to a Toll Free Number).
If ten percent or more of Customer's completed Paid Calls during any Weekly Usage Cycle constitute calls equal to or less than six seconds in length ("Short Duration Calls"), Gafachi may charge each Short Duration Call during such Weekly Usage Cycle (including those Short Duration Calls under the ten percent threshold) an additional $0.01 surcharge per call.
"Calculated Weekly Usage" means the sum of the connected duration of Paid Calls for a Weekly Usage Cycle.
"Calculated Customer Daily Capacity" means the sum of the US48 Termination, Non-US48 Termination, and Toll Free Origination trunk limits for Customer in the Gafachi Capacity Management System for the day.
"Calculated Customer Weekly Capacity" means the average of Calculated Customer Daily Capacity for the Weekly Usage Cycle.
"Minimum Weekly Usage Requirement" means the Calculated Customer Weekly Capacity multiplied by 1,000 (one thousand).
If Customer's Calculated Weekly Usage fails to meet Customer's Minimum Weekly Usage Requirement in any Weekly Usage Cycle, Gafachi may, within six (6) months following such failure, charge an "Underutilization Fee" of $2.50 (unless otherwise provided in an Addendum, if attached to the Master Services Agreement) per 1,000 minutes of difference between Customer's Calculated Weekly Usage and Customer's Minimum Weekly Usage Requirement.
REPRESENTATIONS, WARRANTIES AND CERTIFICATIONS
Customer represents, warrants and certifies that all traffic for which Customer is using Gafachi's VoIP Termination Services will be traffic that both (a) utilizes IP (Internet Protocol) as a transmission protocol from the end user's originating equipment to the Gafachi Network or a gateway in Customer's network and (b) constitutes "Information Services" or "Enhanced Services", according to the regulations of the Federal Communications Commission and the state utility regulatory authority in the state to which the traffic will terminate, based on Customer's good-faith interpretation of the laws and regulations in effect at the time of such routing. Customer agrees to take such operational steps as necessary to confirm this fact and to immediately inform Gafachi if these steps do not confirm the fact. Notwithstanding anything to the contrary set forth herein, Gafachi shall have the right immediately to reconfigure Customer or certain Customer Sub-Account(s) for Gafachi's Non-IP Originated platform and assess a penalty of $0.06 per minute of historic usage if it believes, in its reasonable discretion, that Customer's or certain Customer Sub-Account(s)' traffic does not meet the criteria set forth in this paragraph. Furthermore, Customer shall indemnify, defend and hold harmless Gafachi if any of the foregoing representations, warranties or certifications are or become untrue.
To avoid the assessment of the penalty described in the preceding paragraph, Customer must notify Gafachi of any Non-IP Originated nature of Customer's or certain Customer Sub-Account(s)' traffic, such that Gafachi may reconfigure Customer or certain Customer Sub-Account(s) for Gafachi's Non-IP Originated platform, and wait to start sending traffic until after receiving confirmation from Gafachi that such reconfiguration has been made.
The current Non-IP Originated terms and pricing structure can be found at http://www.gafachi.com/product/non_ip_originated_guidelines/.
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