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Excel Telecommunications IP Trunking 90-Day Service Promise

The Excel Telecommunications IP Trunking 90-Day Service Promise (as in effect from time to time, the "Service Promise") applies to the Excel Telecommunications IP trunking service. This Service Promise and the accompanying Service Level Agreement (as in effect from time to time, the "SLA") are separate from the IP Trunking Service Agreement (the "Agreement") entered into between you ("Customer") and Excel Telecommunications ("Excel").

Service Commitment

If Excel's Service to Customer does not perform in accordance with the SLA during the first ninety (90) days of Service following installation, and if Customer is not satisfied that Excel has resolved such performance issues as required in the SLA within the time frames outlined in the SLA, then Customer may terminate the Service without paying early termination fees in accordance with the terms and limitations described below. Furthermore, if Customer is returning to its immediately prior local services provider for the same nature and scope of local telecommunications services that were previously provided by said provider, Excel will credit or reimburse Customer for all non-recurring charges imposed by the provider to restart such service, such as line connection and re-installation charges, in accordance with the terms and limitations described below.

Limitations

This Service Promise may be exercised by Customer if Customer reports a service-related problem to Excel's Major Accounts Center within ninety (90) days of first installation of Service, and Excel's technical support team verifies the problem and confirms it is covered by the SLA. Customer must inform Excel of any service issue as soon as Customer discovers the problem and give Excel an opportunity for repair in accordance with the SLA. Customer must also provide reasonable assistance to identify and remedy the reported problem. Reasonable assistance includes but is not limited to promptly reporting the problem to Excel's Major Accounts Center, providing Excel access to Customer's premises, and assisting Excel with identification and resolution of the problem.

The Service Promise applies only to service quality, outages, and/or interruptions, and timing of Excel's responses to such issues. The Service Promise cannot be used for early contract termination purposes in any other circumstance such as, but not limited to, Customer's physical relocation or closure; change in Customer's business needs; Customer's discovery of an existing contract for services with another provider; or another provider's rates. In addition, the Service Promise cannot be used to cancel services prior to end of the contract term in the event of a billing concern, if Customer is not current on payment of non-recurring charges for service, or any other reason outside of a service quality issue as detailed in the SLA.

In all circumstances, including those in which involve the Service Promise, if Customer terminates Service with Excel prior to the end of the contractual service period, all promotional credits (e.g., any waiver of Excel installation fees or monthly recurring charge account credits) will be reversed to the customer's account.

Excel reserves the right to change, modify or terminate the Service Promise and/or the rules of this Service Promise at any time. All such changes, modifications or terminations will be posted to Excel's website at Legal Notices and courtesy copies of all material changes will also be sent to eligible customers. Customer may only seek to invoke the Service Promise during the ninety (90) day period immediately following the first installation of Service for such Customer and/or its affiliates at the location(s) covered by the first installation, and not following installation of additional services and/or locations. Only customers who enter into a written IP Trunking Services Agreement accepted by Excel are eligible to use the Service Promise.

Reimbursement of Re-installation Costs

If Customer switches services back to its immediately previous local service provider for the same local telephone services provided by such provider immediately before switching to Excel, and at the same location(s) installed by Excel, then Excel will reimburse or credit Customer for the actual, out-of-pocket standard cost paid by Customer for the re-installation of the local telephone services, if any, up to $100 per local line and a maximum of $400 per site for no more than three (3) Customer sites (the "Re-installation Charges"). If these requirements are not met in full within twenty (20) days of Customer switching away from Excel to its previous local services provider, Excel will not reimburse Customer for the applicable Re-installation Charges. Any vendor-related costs incurred by Customer in switching back to the previous local service provider will not be reimbursed by Excel.

Customer's Responsibilities

When using the Service Promise to cancel Service prior to the end of the contract term, Customer must provide written notice to its Channel Support Manager, Excel Telecommunications, 433 Las Colinas Blvd. E., Suite 1300, Irving, TX 75039 within the first ninety (90) days after first installation of Service. The notice must note that cancellation is being requested pursuant to the Service Promise, the reason for Customer's dissatisfaction with the Service, and a description of Excel's failure to remedy the problem. Failure to invoke the Service Promise in the written notice negates Customer's right to invoke this Service Promise at a later date.

Customer is responsible for making all necessary arrangements to switch services to another provider and port numbers. Excel is not responsible for ordering any service change, or for any outage or inconvenience Customer may experience during the switch. Customer will be responsible for paying all charges related to switching services. Excel will reimburse Customer for the actual Re-installation Charges as provided above but will not pay the service provider directly. In order for Excel to determine the appropriate reimbursement, Customer must submit to Excel, within ninety (90) days of service disconnection, the invoice showing the services subscribed to prior to establishing service with Excel and the invoice detailing the re-installation costs, along with proof of payment for such reimbursement costs. In addition, all equipment provided by Excel, if any, must have been returned to Excel prior to any reimbursement. The equipment must be in its original packing material, and must be in its original undamaged condition. All included material, manuals, accessories and warranty cards must be included with the equipment.

If Customer satisfies the requirements stated herein, Excel will process a credit in the appropriate amount as solely determined by Excel based on the required documentation submitted by Customer to Customer's account; however, Customer will be responsible for payment of all remaining unpaid Excel recurring and non-recurring charges for Service. If Customer is current with all payments after any promotional credit reversals, Excel will issue a check for the excess, if any, after application of the above credit. If the prior provider does not charge any installation fee or has waived all or a portion of such fee for Customer's return, no reimbursement or other compensation will be made in respect of the non-charge or waived portion of fee.