Summary of Material Changes
July 31, 2017
- Definitions: Added definition of Shipping and Handling and included as part of Customer responsibility (see Section 6(f))
- Section 1 (Terms and Policies): modified to provide mechanism for Customer objection to changes.
- Section 2 (Sales Order): modified to provide for MAC process which can change Sales Order without a formal amendment.
- Section 3 (Installation and Equipment): Added section clarifying Vonage right to recover “Special Installation Costs.” Also added new section to confirm that purchased equipment is not refundable and outlining RMA procedures for returns to manufacturers.
- Section 4 (Software): Added provision requiring Customer to download latest updates to Software as required.
- Section 5 (Service Term and Termination): Added Customer’s obligations to completely terminate access to Services.
- Section 6 (Billing, Credit and Payment): added definition of “Go-Live Date” and provisions clarifying Customer’s responsibility for delaying installation, including commencement of billing prior to activation.
- Section 6 (Billing, Credit and Payment): deleted all reference to security deposits.
- Section 11 (Fraudulent Use of Services): Added specific requirements regarding Customer’s responsibility to avoid fraudulent use of the Services. Added requirement that Vonage notify Customer of known fraud and clarified that Customer is not responsible if fraud is result of Vonage gross negligence or willful misconduct.
- Section 18 (Changes to Services): Added provision that Vonage can remove, add, modify or reduce features and functions of the Services, and to provide fixes, updates and upgrades to the Services, subject to certain notice obligations.
- Section 20 (Warranty Disclaimer): clarified that warranty disclaimer does not negate SLA obligations. Added industry standard language that Services do not support out-dialing systems including home or office security systems, TTY equipment, medical monitoring equipment or satellite television systems. Added notice that that Services are not considered enabled for HIPAA compliance or used in connection with personal health information except as agreed to in a writing signed by Vonage Business.
- Section 25 (Porting): clarified Customer responsibilities as part of the porting process.
- Section 26 (Beta Services and Software): added provision addressing rights and obligations for yet to be commercially released “beta” service offerings.
- Section 27 (Vonage-Provided Telephone Numbers): Confirming that numbers are leased and not sold.
- Section 28 (Electronic Recording): Affirms that Customer is solely responsible for complying with federal and state laws governing electronic recording of calls.