We collect information when you interact with us and use our products and services.

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The types of information we, or service providers acting on our behalf, collect depends on your use of our products and services and the ways that you interact with us.

 

This may include information about:

• Contact, billing and other information you provide

• How you use our services and your devices

• How you use our sites and apps

• How our network and your devices are working

• Location of your devices

 

 

We use information to provide you with services and enhance your experiences with us.

We use information to:

• Deliver and maintain products and services

• Establish and maintain your account and billing records

• Provide account-related services and information

• Help you with service and technical support issues or questions

• Manage and protect our networks, services, employees and users

• Detect and prevent fraud

• Help us improve and personalize your services and our marketing

• Research, develop and market new products and services

• Authenticate you

• Determine your eligibility for new products and services

• Better predict and deliver personalized content and offers that may interest you

 

We may use automation, including artificial intelligence, to assist us with these uses. Among the uses we make of automation, we use predictive analytics to monitor our network for faults and outages which helps us proactively and rapidly fix issues, and we may use machine learning techniques with information we have about you and other customers to provide you with more relevant marketing messages or predict what services might most interest you.

 

We use some types of information for additional purposes:

 

Information we use for additional purposes

 

Information & Additional uses:

 

Clicks, opens and other interactions with our advertisements, emails, sites and apps

• To personalize your experiences and make our marketing more relevant to you

• To help you when you request assistance with website or app navigation

• To protect you and us against fraud

 

Location obtained from system applications on your mobile devices

• To assist with locating you in an emergency 

• To help improve location accuracy in our services and apps

• To provide you with mobile application updates 

 

Information, including recordings, from your calls and chats with our service and support representatives

• To help train and allow employees, service providers, and systems to better serve you

• To secure your account

• To provide customized technical support

• To assist you with device settings

• To help personalize your experience and our marketing to you

 

Employment and grant applications and surveys

• For the purpose for which you provide it, or as described at the time when you submitted the information.

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Network usage information

• To measure service quality on your current plan and other plans we offer 

 

Domain name server information

• To deliver content efficiently and help you find the website you are looking for

• To block harmful content

• For network security

• To provide technical support

 

 

Does Netcom  share my information?        

We do not share information with service providers who do work on our behalf, or with third parties

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Terms and Conditions

 

THIS AGREEMENT is entered into on the date hereinafter written by and between Netcom and Customer (hereinafter called “Customer”) to furnish phone related services as provided in this Phone Management Agreement.

1. INTRODUCTION

Netcom is in the business of managing phone systems; and Customer desires that Netcom manage and support, for the particular use of the Customer, certain phone system components to be used by the Customer and supplied to Customer from Netcom and/or sources other than Netcom.

In accordance with the foregoing and the agreements hereunder, the parties hereto agree as follows:

2. OBLIGATIONS AND RESPONSIBILITIES OF NETCOM

2.1 PHONE SYSTEM MANAGEMENT

1. The parties agree that operating Customer’s Phone System requires continual supervision, maintenance and training. By this Agreement, Customer appoints Netcom as its Phone System Management Staff. Customer understands that following the advice and instructions of Netcom is necessary in order to maintain the integrity of its Phone System.

2. Netcom shall provide skilled and certified engineers who will monitor and perform work on the Phone System. The work to be done will be determined by Netcom.

3. Netcom personnel shall be available at the site of Customer’s Phone System, in accordance with the Plan(s) described in the section titled “Solution Details” in this proposal.

2.2 SERVICES PROVIDED AND SELECTION OF PLANS

1. Plans. Customer will pay for, and Netcom will provide those services listed in “Solution Details.” Customer agrees that it has reviewed and been advised by Netcom of the services offered under the various Plans. Customer understands the services offered under the Plan or Plans it has selected.

2. Software Update Release Schedule. Netcom will provide the following Microsoft software updates and patches, according to the priorities and time frames described here.

Critical updates required to resolve security vulnerabilities that create a critical security risk considered critical. Netcom will test and then approve or reject updates within 30 (30) days.

Important updates required to resolve security vulnerabilities that create a risk of compromise of confidentiality, integrity or availability of Customer’s data, or of the integrity or availability of covered devices or services, or that resolves a major functionality flaw or results or that significantly improves software performance are considered important. Netcom will test and then approve or reject updates within ten (60) business days.

Moderate and low updates required to resolve security vulnerabilities that can be significantly mitigated by management factors such as default configuration or auditing, or that are extremely hard to exploit or that have minimal impact, or that resolve a minor functionality flaw or result in marginally improved software performance, are considered moderate and low. Netcom will test and then approve or reject updates within three (6) calendar months.

Other updates including driver updates, BIOS, firmware or other types of updates not specified elsewhere in this Agreement shall be installed only if they are expected to resolve an open service request or a critical security flaw in the current configuration, or if they are a prerequisite for a patch or other update being applied.

3. CUSTOMER OBLIGATIONS AND RESPONSIBILITIES

3.1 CUSTOMER STAFF CONTACT. Customer shall provide a staff member to help Netcom coordinate its efforts under this Agreement. Customer staff shall be available throughout the duration of this Agreement unless changed by management. This person will be the central contact between Netcom personnel and Customer personnel. Unless otherwise specified requested in writing, the IT Liaison individual is empowered to make phone system related decisions for Customer.

3.2 PAYMENT. Customer shall pay, on the date of this Agreement, for services provided under the Plan(s), the Initial Fee and, thereafter, the monthly fee, all as set forth in the section titled “Agreement Terms and Signatures” of this Agreement. Netcom will invoice Customer each month for the services to be provided the following month. Additional services (listed in “Solution Details”), requested by Customer and provided by Netcom will be invoiced monthly at the agreed-upon rates and will be due and payable within fifteen (15) days after Customer receives the invoice. Upon written notice to Customer, Netcom can adjust the hourly rates specified in “Solution Details” provided that these rates stay fixed for at least six (6) months from the date of this Agreement. Customers placed on credit hold for non-payment are still liable for all monthly fees that may accrue.

3.3 CUSTOMER SITE REQUIREMENTS. Customer shall provide Netcom with all infrastructure services required to provide the Phone Management Services described in this Agreement. These include, but are not limited to, network and internet connectivity, adequate hardware, adequate power and remote access to covered devices, including access to the network attached system and the Netcom permissions on all servers included in this Agreement.

Customer agrees to have available and provide to Netcom the following:

• Basic network documentation

• High-speed internet access

3.4 CHANGE AND SERVICE REQUEST PROCESS. Before changing, adding or deleting any features to or from its Phone System, Customer will submit a service request to Netcom, Netcom shall evaluate the service request to determine its impact on Customer’s Phone System and the ability of Netcom to provide the services specified in this Agreement. Customer will not change, add or delete applications to or from its Phone System without first submitting a service request and receiving approval from Netcom If Customer changes, adds or deletes any applications to or from its Phone System without this submission and approval step, Netcom shall not be responsible for delays or damages that result. Customer shall submit all service requests via e-mail to the Netcom Administrative Contact. Urgent service requests can be submitted via telephone to the Administrative Contact and Netcom will respond to it within one (1) business day. Netcom will respond to all other service requests within two (2) business days. Once Netcom approves the service request, Netcom will then determine whether the change will be made by Customer or by Netcom If Customer makes a change to systems not included within the Phone System that could affect the Phone System, Customer shall provide Netcom with four (4) business hours advance notice before making the change. If a Customer change to a system which is not included within the Phone System creates an error or a loss of function to the Technology System without this four-hour advance notice, responses by Netcom to correct errors or loss of function shall be charged in accordance with the terms and conditions of “Solution Details.”

4. WARRANTIES

4.1 HARDWARE AND SOFTWARE WARRANTY. Netcom is neither a hardware manufacturer nor a software developer (except as to any custom software). Netcom is a reseller, integrator and technology management service provider.  Netcom does not provide its own warranties for hardware or third-party software. instead, Netcom assigns to its customers the warranties, if any, provided by the manufacturer or supplier of the hardware or third-party software Netcom resells or sub-licenses, to the extent such warranties are transferrable, except as expressly set forth in this agreement.  Netcom does not offer, and specifically disclaims, any warranty of its own, expressed or implied.

4.2 SERVICES WARRANTY. Netcom warrants that the services will be performed in a manner consistent with generally accepted industry practice. if a failure to comply with this warranty emerges within thirty (30) days following the completion of services Netcom shall, if promptly notified in writing, at its option, either provide the services anew or refund the price charged for such non-conforming services. this performance anew or refund is the customer’s exclusive remedy and shall constitute Netcom’s fulfillment of all liabilities with respect to nonconformity of or defect and/or deficiency in services furnished to customer. maximum refund provided is equal to one (1) month of the total managed services recurring invoice.

4.3 OTHER WARRANTIES. The foregoing warranties are exclusive and in lieu of all warranties of quality and performance, written, oral or implied. Netcom specifically disclaims all other warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or that software or equipment is free of the rightful claim of any third person by way of infringement or the like.

5. LIMITATION OF REMEDIES AND LIABILITY

Netcom’s liability on any claim, whether in contract, negligence, tort, strict liability or otherwise, arising in whole or in part out of Services performed, or equipment and or Custom Software provided, under this Agreement, shall in no case exceed the lesser of the monthly fees paid to Netcom under this Agreement or the fees paid to Netcom for the portion of Services or Equipment or Custom Software which give rise to the claim. All causes of action against Netcom arising out of or relating to this Agreement or the performance or breach of this Agreement shall expire unless brought within one (1) year after the first date of performance or breach which in whole or in part gives rise to the claim. These remedies are exclusive and in lieu of all other remedies available at law or in equity for any act performed in connection with this Agreement, or for any breach of this Agreement, whether brought under a theory of tort liability, contract liability or any other legal theory.

6. CONFIDENTIALITY OF INFORMATION. During the performance of this Agreement, Netcom and Customer may have access to information concerning the products and business of the other. Neither party shall use information of the other party except in connection with the exercise of its rights and responsibilities under this Agreement. Netcom and Customer will take all necessary and prudent steps to prevent the disclosure of such information to third parties, at least equivalent to the most stringent steps used by such party in protecting its own confidential and proprietary information. The commitments of confidentiality and non-use set forth above do not apply to that information that can be documented to be known to recipient or the general public before disclosure hereunder, or that, through no act on the part of the recipient hereunder becomes generally available to the public.

7. MISCELLANEOUS PROVISIONS

8.1 AMENDMENTS. This Agreement may only be changed by written amendment executed by the authorized representatives of both parties. Amendments adding phone system devices or services apply to the remainder of the term selected in Solution Pricing from the date of the addition.

8.2 AUTHORIZED REPRESENTATIVES. The signatories below represent and warrant that they are authorized by their respective organizations to enter this Agreement.

8.3 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which will be considered an original copy of this Agreement and all of which, when taken together, will constitute one and the same Agreement.

8.4 TERMINATION. This Agreement shall remain in full force and effect unless an Event of Default occurs:

1. Event of Default by Netcom shall be in default under this Agreement if Netcom fails to materially perform or comply with the terms and conditions of this Agreement. Netcom is not considered to be in default if it suspends service due to Customer non-payment.

2. Events of Default by Customer. Customer shall be in default under this Agreement if Customer fails to make payment of any undisputed invoice within thirty (30) calendar days after it is delivered, or if Customer fails to materially perform or comply with the terms and conditions of the Agreement

In the Event of Default by a party (the “Defaulting Party”), the other party may notify, in writing, the Defaulting Party of its intent to terminate the Agreement. This Agreement shall be terminated as of the first day of the month following that notification.

8.5 TERM. The initial term of this Agreement will be for a minimum of twelve (12) months, as specified in Solution Pricing, following the date of this Agreement. This Agreement shall renew for additional terms, as defined in Solution Pricing, unless either party gives written notice of non-renewal in the month prior to the last month of the term.

8.6 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the law, without reference to principles of conflicts of laws, of the State of Colorado.

8.7 ASSIGNMENTS. This Agreement and the rights hereunder may not be assigned or otherwise transferred by either party, except to any corporation controlled by or under common control with the assigning party, or in connection with the acquisition of, or the sale of substantially all of, the assets of the business to which this Agreement pertains.

8.8 FACSIMILE EXECUTION. This Agreement may be validly executed by the signing of a facsimile copy of this Agreement. Either the fully executed facsimile copy or a conforming executed original shall be evidence of the existence of this Agreement.

8.9 SEVERABILITY. If any provision or provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and unenforceability of the remaining provisions shall not in any way be affected or impaired thereby.

8.10 FORCE MAJEURE. Each party shall be excused from performance for any period and to the extent that the party is prevented from performing any services, in the whole or in part, as a result of delays caused by the other party, acts of God, war, acts of government, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, inability to secure raw materials or transportation facilities, acts or omissions of carriers, civil disturbances, court orders, labor disputes, third-party nonperformance, or other cause beyond that party’s reasonable control, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment, or any and all causes beyond control of Netcom Such nonperformance shall not be a default or a ground for termination.

8.11 MODIFICATIONS. This Agreement can be modified only by a written Agreement signed by authorized representatives of Netcom and Customer. Variances from or in addition to the terms and conditions of this Agreement in any order or other writing from the Customer will be of no effect. Netcom and Customer agree not to enter into any oral agreement or understanding that is in conflict with this Agreement. Netcom and Customer further agree that any oral communication allegedly or purportedly constituting such an agreement shall be absolutely null, void and without effect except as outlined in 8.11.1-2. Customer is permitted to raise or lower plan levels under these circumstances:

The coverage level remains the same, but the quantity of items under management changes. For example, if 5 employees are terminated and their Phones are removed from service.

The coverage level changes, but the total monthly payment stays the same or increases. For example, if you add a new phone but lower the phone service level such that the total monthly payment stays the same or increases.

8.12 NOTICES. Any notice, request, demand or other communication required or permitted by, or relating to, the terms of this Agreement is considered properly given when it is delivered to the United States Postal Service, sent certified mail–return receipt requested, or postage prepaid, or upon confirmation of receipt by facsimile, addressed to the party to receive notice as previously requested by notice hereunder, delivered via e-mail, or as provided in conjunction with such party’s signature below. Any notice given by either party hereto to the other party shall be in writing and shall be signed by the party giving notice. Any notice or other document to be delivered to either party hereto by the other party shall be deemed delivered if mailed postage prepaid to the party to whom it is directed, at the address of such party stated in the Official Mailing Address Section Above.

8.13 VENUES AND JURISDICTION. Customer (i) agrees that any litigation, action or proceeding arising out of or relating to this Agreement be instituted in a state or federal court in the city and state of Colorado, (ii) waives any objection which it might have now or hereafter to this venue, (iii) irrevocably submits to the jurisdiction of any court in such litigation, action or proceeding, and (iv) hereby waives any claim or defense to inconvenient form.

8.14 COUNTERPARTS. This Agreement may be executed simultaneously in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same original.

8.15 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior contemporaneous written or oral agreements and representations between the parties with respect thereto. This Agreement shall not be deemed to extinguish or mitigate any payments, which are owed to Netcom by Customer pursuant to the terms of any previous or other existing agreements between Netcom and Customer. Customer acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions.

8.16 CAPTIONS AND HEADINGS. The captions and headings are inserted in this Agreement for convenience only. They must not be considered to define, limit or describe the scope or intent of this Agreement, or of any provision hereof, nor in any way affect the interpretation of this Agreement.