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Bare Metal Addendum

  1. Service Level Agreements (SLA)
    The following Corporate Network Solutions Service Level Agreement (“SLA”) is a policy governing the use of the Corporate Network Solutions Bare Metal Servers and Bare Metal Cloud (“BMC”) under the terms of the Master Service Agreement (the “MSA”) between Corporate Network Solutions, LLC., and Clients of Corporate Network Solutions. Unless otherwise provided herein, this SLA is subject to the terms of the MSA, and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the MSA.
    Bare Metal Servers SLA
    1. Deployment
      1. Server Deployment Guarantee.
        In most cases Corporate Network Solutions is able to deploy Client’s new server within 4 hours, provided Client’s order does not contain any special instructions, require MSSQL installation, or need an on-board RAID configuration. For all orders, regardless of configuration, Corporate Network Solutions guarantees a server deployment of 24 hours, beginning once Client’s order has been paid for and verified.
      2. Compensation
        If Corporate Network Solutions misses their goal, Corporate Network Solutions will give Client a 10% credit of service cost toward Client’s first month’s hosting service fees. All Client have to do is notify us within 7 days that Corporate Network Solutions missed the goal and that Client wishes to claim this credit.
    2. Network
      1. Network Downtime Definition.
        Network Downtime occurs when Client’s server cannot transmit or receive data to/from the Internet due to the failure of network equipment managed and owned by Corporate Network Solutions.
      2. Network Definition.
        Corporate Network Solutions’s Network consists of all of Corporate Network Solutions’s infrastructure hardware including routers, switches, and cabling but does not include the services or software running on the server or the server’s hardware.
      3. Compensation.
        As compensation for a downtime event, Corporate Network Solutions will credit Client’s account 5% for every 30 minute segment of downtime, up to the total monthly cost.
        Clients are not entitled to a credit if the downtime is caused by:
        1. Actions of the Client or others authorized by Client to use the Service under the Agreement;
        2. The failure of Third Party Service to Corporate Network Solutions’s network;
        3. Application, software, or operating system failure,
        4. The result of network maintenance activity,
        5. Denial of Service attack, hacker activity, or other malicious event or code targeted against Corporate Network Solutions or a Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by Corporate Network Solutions.
      4. Reporting
        Client should report downtime incidents to us via email to support@cnsolutions.com within 3 days of the event’s commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time Corporate Network Solutions receives the email “ticket” and ends when Corporate Network Solutions has, at its sole discretion, resolved the issue.
      5. Account Status
        If Client is currently behind in payments on Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client doesn’t qualify for an SLA credit for Downtime. Valid SLA claims can’t be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved Corporate Network Solutions will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions.
      6. 20 Minute Support Response Guarantee.
        Corporate Network Solutions guarantees that one of Corporate Network Solutions’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@cnsolutions.com.
    3. Replacement
      4 Hour Hardware Replacement Guarantee.
      We hate it when things aren’t working. If hardware belonging to us and located within Corporate Network Solutions’s datacenter fails, Corporate Network Solutions will replace it within 4 hours of notification of failure. To report a failure, send an email to support@cnsolutions.com.
    4. Compensation.
      If Corporate Network Solutions doesn’t replace the hardware within 4 hours Corporate Network Solutions will credit Client for one day of Client’s monthly recurring hosting charges. We’ll give Client that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of Client’s monthly recurring payment if necessary. Client does have to send us an official request for the credit within 7 days of the hardware replacement. Send an email to serversupport@cnsolutions.com to claim the credit.
      The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped and Client is not entitled to any further SLA credits.

    Bare Metal Cloud (BMC) SLA
    Bare Metal Cloud is a product in Corporate Network Solutions’s Infrastructure-as-a-Service (IaaS). It is intended to provide a solution for modern Infrastructure-as-a-Service business consumers relying on very high levels of automation and often using a DevOps approach to their software development and IT operations procedures. BMC will not replace our existing “legacy” bare metal services, but it will complement them with a product which supports automation focused deployments with implemented modern API management platform. Bare Metal Cloud platform provides hardware at the end of an API, supporting highly automated workloads, built with cutting edge server technology and on top of a modern high-capacity network. All these components are meant to fulfill the need to deploy infrastructure in a fully automated and pay-as-you-go model. All BMC Edge locations are subject to best effort service restrictions doe to the nature of such location and their accessibility. BMC Edge Instance types are clearly marked with a distinctive use of the letter “E” or “e” in the instance naming policy and clearly visible the BMC Portal as well as API documentations.

    Bare Metal Cloud SLA’s

    1. Deployment
      1. Server Deployment Guarantee
        In most cases Corporate Network Solutions is able to deploy Client’s new server instances within minutes. For all orders, regardless of configuration, Corporate Network Solutions guarantees a server deployment of 24 hours, beginning once Client’s order and valid payment method have been verified.
      2. BMC Edge locations are subject to more restricted availability and in unusual cases extended deployment times
    2. Network
      1. Network Downtime Definition.
        Network Downtime occurs when Client’s server cannot transmit or receive data to/from the Internet due to the failure of network equipment managed and owned by Corporate Network Solutions.
      2. Network Definition
        Corporate Network Solutions’s Network consists of all of Corporate Network Solutions’s infrastructure hardware including routers, switches, and cabling but does not include the services or software running on the server or the server’s hardware.
      3. Network downtime compensation
        As compensation for a network downtime event, Corporate Network Solutions will credit Client’s account 5% for every 30-minute segment of network downtime, up to the total monthly cost.
        Clients are not entitled to a credit if the downtime is caused by:
        1. Actions of the Client or others authorized by Client to use the Service under the Agreement;
        2. The failure of Third Party Service to Corporate Network Solutions’s network;
        3. Application, software, or operating system failure,
        4. The result of network maintenance activity,
        5. Denial of Service attack, hacker activity, or other malicious event or code targeted against Corporate Network Solutions or a Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by Corporate Network Solutions.
      4. Reporting
        Client should report downtime incidents to us via email to support@cnsolutions.com within 3 days of the event’s commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time Corporate Network Solutions receives the email “ticket” and ends when Corporate Network Solutions has, at its sole discretion, resolved the issue.
      5. Account Status
        If Client is currently behind in payments on Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client doesn’t qualify for an SLA credit for Downtime. Valid SLA claims can’t be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved Corporate Network Solutions will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions.
      6. 20 Minute Support Response Guarantee
        Corporate Network Solutions guarantees that one of Corporate Network Solutions’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@cnsolutions.com.
    3. Replacement
      Best Effort Hardware Replacement Guarantee
      We hate it when things aren’t working. If hardware belonging to us and located within Corporate Network Solutions’s datacenter fails, Corporate Network Solutions will replace it ASAP. To report a failure, send an email to support@cnsolutions.com. Edge locations might be a subject to restrictions and additional time needed.
    4. Compensation
      Applicable to services with a minimum commitment of 1 month
    1. Billing
      BMC Instances (servers) are invoiced monthly in a post-use model.

      1. Hourly instances – instances which reserved on an hourly base will be billed in 1-hour increments and usage will be rounded up to the next hour. For example, usage for 1 hour and 15 minutes will be considered a 2-hour reservation and billed accordingly.
      2. Monthly/Yearly reservations – instances will be billed monthly regardless of usage and based on the prices corresponding to the term of the commitment.
      3. Bandwidth – bandwidth will be billed monthly on per usage base at per GB rates corresponding to price points to specific geographical location. In case of applicable bandwidth bundle all bandwidth within the service corresponding location will be applied towards the bundle first and all remaining bandwidth will be billed at standard per GB rate for the location.
    2. REPORTING REQUIRED
      Client should report downtime incidents to us via email to support@cnsolutions.com within three (3) days of the event’s commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time Corporate Network Solutions receives the email “ticket” and verifies an outage, and ends when Corporate Network Solutions has, at its sole discretion, resolved the issue.

       

    3. EXCLUSIONS
      If Client are currently behind in payments for Client’s accounts, or have been behind 3 or more times in the preceding 12 months, Clients don’t qualify for an SLA credit for Downtime. Valid SLA claims can’t be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved Corporate Network Solutions will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions and are therefore not entitled to SLA credits.

       

    4. SUPPORT
      20 Minute Support Response Guarantee. Corporate Network Solutions guarantees that one of Corporate Network Solutions’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@cnsolutions.com.
  1. Provisions of Services
    Contingent upon Corporate Network Solutions acceptance of an Order and subject to the terms of the MSA, Corporate Network Solutions agrees to use reasonable commercial efforts to provide the Services subject to the terms of the Service Level Agreements. Corporate Network Solutions retains the right to reject the request for Services by any individual or entity in its sole discretion. Client agrees to pay all charges in advance for the service selected by the Client in the Client Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges, and optional charges incurred by the Client. Payment may be made by check, PayPal, Wire, or credit card. If Client elects to utilize our Auto Charge feature, Client agrees to allow Corporate Network Solutions to charge the Client’s credit card in advance each month. Client hereby authorizes us to automatically charge any amounts the Client owes to Corporate Network Solutions to any credit card provided by the Client. Client also agree that at any time after the 1st of the month, Corporate Network Solutions may prorate the next invoice to reflect a full month’s charges plus a sufficient number of days to have all subsequent billing periods start on the first of the month. The Third Party Services are provided by the relevant Third Parties and Corporate Network Solutions is not responsible for the provision of Third Party Services.
  2. Age
    Client must be at least 18 years of age or otherwise have the legal capacity to order Services. If Client is ordering Services on behalf of an employer, company, or other legal entity, Client represents and warrants that it has the legal right and authority to order Services and be bound to this MSA.
  3. USE OF AND ACCESS TO THE SERVICES
    Ordering and Modification of Services
    Client may order Services and all upgrades to such Services through the Client Portal or as otherwise designated by Corporate Network Solutions. Corporate Network Solutions may accept such Orders in its discretion and shall give notice to Client of acceptance of such Order through the Client Portal. For downgrades or cancellation of Services, Corporate Network Solutions requires a written cancellation notice by cancellation ticket through support@cnsolutions.com in accordance with the procedures in the Client Portal and through the Client Portal a minimum of 24 hours prior to 00:00:01 CST (GMT-7) on the Anniversary Billing Date for downgrades or discontinuance of Services. The failure to provide the required 24 hours written notice will result in the downgrade or discontinuance of Services being effective on the following Anniversary Billing Date and Client will be charged for the Services during the relevant Renewal Term. Any Services cancelled prior to such 24 hour period will remain accessible to Client until the automated process reclaims the server on the Anniversary Billing Date.
  4. Rights to Use Services
    Subject to the terms and conditions of this MSA (including the Term), Corporate Network Solutions grants Client a non-exclusive, nontransferable, non-sublicense able (except to the extent required to exercise rights under Section 3(b) (ii.), revocable right in the Services solely to: (i) use and access the Services for internal purposes; and (ii) use the Services to create, offer and provide the Client Offerings.
  5. Client Obligations
    Client agrees to do each of the following:

    1. comply with all applicable laws, rules and regulations, including, without limitation, the Foreign Corrupt Practices Act and related international anti-corruption laws and the Digital Millennium Copyright Act, Berne Convention, and related copyright laws;
    2. pay the fees for the Services when due;
    3. use reasonable security precautions for providing access to the Services by its employees or other individuals to whom it provides access;
    4. cooperate with Corporate Network Solutions’s investigation of outages, security problems, and any suspected breach of the MSA;
    5. comply with all license terms or terms of use for any software, content, service or website (including Client Content) which Client uses or accesses when using the Services;
    6. give Corporate Network Solutions true, accurate, current, and complete Account Information;
    7. keep Client’s Account Information up to date;
    8. be responsible for the use of the Services by Client and Client End Users and any other person to whom Client has given access to the Client Offering;
    9. comply with the TPS Agreements;
    10. use commercially reasonable efforts to prevent unauthorized access to or use of the Services and immediately notify Corporate Network Solutions of any known or suspected unauthorized use of Client’s account, the Services or any other breach of security; and
    11. where the Client provides Client Offering as permitted under this Agreement, Client must enter into an agreement with Client’s End User which shall include the relevant terms of this Agreement and release Corporate Network Solutions from any and all liability for damages or losses Client’s End Users may incur as a result of using the Client Offering. Client may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, Client may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act. Client may not resell any of the Services alone to any Third Party without first entering into a reseller agreement with Corporate Network Solutions.
    12. for Bare Metal Cloud (BMC) services, Corporate Network Solutions charges are respective of Egress (outward) data traffic only. Ingress (inward) data traffic is provided free of charge. In its sole discretion, Corporate Network Solutions reserves the right to charge clients for Ingress data traffic flow in instances of abuse which are beyond the limits of fair usage.
  6. Special Terms for Third Party Services
    To the extent Client orders Third Party Services under TPS Agreements, Corporate Network Solutions is not responsible for such Third Party Services and the provider of the Third Party Service is solely responsible for providing such Third Party Services.

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