Black Box Network Services General Terms and Conditions (“General Terms”) applicable to furnishing of Hosted Unified Communications Services (GENBAND, Cisco and inContact Hosted Solutions)

Within the U.S. operating territory of Black Box Corporation and its U.S. subsidiaries
Rev. 1 (Effective April 1, 2015 to July 17, 2017)

 

The hosted unified communications services in the applicable Customer order will only be offered to the Customer in the United States by Norstan Communications, Inc. d/b/a Black Box Network Services or the applicable direct or indirect U.S. operating subsidiary of Black Box Corporation providing the hosted unified communications services in such State (as applicable, herein collectively referred to as “Black Box”). The Agreement (as defined below) between Customer and the applicable Black Box operating entities sets forth the legal rights and obligations governing Black Box’s provisioning and delivery of hosted unified communications services and/or contact center services (“Service(s)”) to Customer, Customer’s use of such Services and use of any devices used in conjunction with the Services, such as an IP telephone, Multimedia Terminal Adapter and/or Unified Communications Software (including, but not limited to, softphones, attendant consoles, contact center agent software and any other components of the provided solution), Analog Telephone Adapter, switch, router or any other IP connection device (collectively, “Devices” or “Equipment”).  This Agreement consists of these terms and conditions, signed Order Form(s), which includes the applicable Statement of Work (“SOW”) and applicable Software End User License Agreement (collectively, the “Agreement”), and all such documents shall be incorporated into this Agreement by reference and shall become a part of this Agreement during the Term (as defined below and set forth in the applicable Order Form).  Customer Orders shall be set forth on the Order Form(s) signed by the Customer (collectively, the “Order Form”).
 
In the event of any inconsistency between the Terms and Conditions, Statement of Work, exhibits, attachments or Order Form made a part or in accordance with the Agreement precedence shall be given to: 
 
(1)  The applicable end user software license;
(2)  General Terms and Conditions set forth herein;
(3)  The Statement of Work;
(4)  Any Order Form executed pursuant to this Agreement; and
(5)  Any other attachment or exhibit to this Agreement.
 
THESE GENERAL TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS REQUIRED BY LAW.  CUSTOMER AGREES TO BE BOUND BY SUCH CHANGES, AS THEY PERTAIN TO THE PARTICULAR SERVICES CUSTOMER HAS CHOSEN OR MAY CHOOSE IN THE FUTURE. IF SUCH CHANGES ARE NOT MANDATED BY LAW, SUCH CHANGES SHALL NOT BE APPLICABLE TO CUSTOMER. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO CASE SHALL ANY CHANGES DIMINISH ANY APPLICABLE SERVICE LEVEL AGREEMENTS ENTERED INTO AT THE TIME OF THE ORDER. CUSTOMER AGREES THAT ACCEPTANCE OF THIS AGREEMENT CONSTITUTES CONSENT TO THE USE OF ELECTRONIC RECORDS.  IF CUSTOMER PLACES AN ORDER FOR SERVICES OR USES THE SERVICES, CUSTOMER IS DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
 
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