SmartAgent Bundles

These terms for the IntelePeer SmartAgent^TM Bundles are expressly incorporated into the IntelePeer Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”).

1. Bundles Description.

1.1 IntelePeer provides the IntelePeer SmartAgent^TM Bundles (“SmartAgent Bundles”) as a full communications automation solution specifically designed for contact centers, supported by a combination of the Services as identified and governed herein. SmartAgent Bundles are powered by IntelePeer’s low-code AI-based communications automation platform, SmartFlows, combined with our award-winning no-code applications and additional value-added communications software to enhance the contact centers, as described further in the table below:

1.2 SmartAgent Bundles are packaged products which are ordered, deployed and billed as a Bundle, and can be supplemented by ordering any of the available Add-Ons. Customer may order any quantity of Bundles at any of the SmartAgent Bundle tiers, except that the Silver and Platinum tiers will no longer be available upon expiration of Customer’s current Subscription Term. If Customer exceeds the Interactions cap in any month under a particular Bundle, IntelePeer reserves the right to impose an Overage charge on that Bundle as described in Section 2.1.

1.3 IntelePeer bundles a number of discrete Service components into each of the SmartAgent Bundles offered, which may be supplemented or revised from time-to-time at IntelePeer’s sole discretion. IntelePeer will provide thirty (30) days’ written notice of any material changes to the content of the SmartAgent Bundles. IntelePeer will provide any Service components with a Service Attachment in this Agreement pursuant to the terms of that corresponding Attachment, except that IntelePeer will provide the Services as set forth in Section 1.1.

1.4 Telephone Numbers Available. The SmartAgent Bundles do not include telephone numbers. Customer can only use U.S. telephone numbers located in the inventory IntelePeer maintains in conjunction with the voice calls and text messaging available in SmartAgent Bundles. The inventory includes telephone numbers Customer can purchase either from IntelePeer under its the IntelePeer Inbound Voice Services or an IntelePeer-approved third-party service providers.

1.5 Emergency Services. FOR ANY OUTBOUND VOICE SERVICES CUSTOMER UTILIZES INDEPENDENT OF CAP PLATFORM, CUSTOMER AGREES THAT BY EXECUTING THE CAP ATTACHMENT AND AS A CONDITION OF ORDERING ANY SERVICES HEREUNDER, CUSTOMER FURTHER ACKNOWLEDGES THAT THE ONLINE TERMS FOR THE EMERGENCY SERVICE AT HTTPS://INTELEPEER.AI/TERMS/EMERGENCY-SERVICES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AS AN ADDITIONAL ATTACHMENT TO GOVERN THE PROVISION OF SUCH SERVICES BY INTELEPEER UNDER THIS AGREEMENT, AND MAY BE REVISED BY INTELEPEER FROM TIME TO TIME WITHOUT ADDITIONAL NOTICE.

1.6 Third Party Voice Services. Pursuant to this Section, IntelePeer allows Customer to engage its own third party Carrier to connect the Customer’s presence on our CAP platform to the public switched telecommunications network (“PSTN”), as an Application in conjunction with our Automation Services.

1.6.1 The relationship Customer has with any Carrier will be governed by a separate contractual arrangement between the Customer and the Carrier, to which IntelePeer will not be considered a party or beneficiary under any circumstances.
1.6.2 Customer will ensure that any Carrier used in conjunction with the Automation Services will employ and maintain the SIP-based access between the third party and the IntelePeer network nodes via the public internet pursuant to the specific configuration settings provided by IntelePeer. Any trunking for the connection of the Carrier’s voice services may be directly to the third party voice services provider, or indirectly to the Carrier thru the Customer network.
1.6.3 Notwithstanding anything to the contrary in this Agreement, Customer grants IntelePeer express consent to share Customer Information with the Carrier, as necessary, to provision and troubleshoot any Automation Services, Applications or implementations which rely upon the Carrier’s voice services, and agrees to also obtain any further consent necessary from the owner of the Customer Information for such purposes.
1.6.4 For such third party voice services, Customer assumes all risk and responsibility, as between Customer and IntelePeer, for: (i) the actions or inactions of the third party provider or their voice services; (ii) working collaboratively with IntelePeer and the Carrier’s voice services provider to design the appropriate configuration for the Automation Services; (iii) any activities undertaken with or by the Carrier including without limitation for the order or provision of voice services to Customer and for any compliance with the Carrier terms governing such voice services; (iv) any access, collection, transmission, processing, storage, security or any use of data in conjunction with the voice services provided by the Carrier; and (v) maintaining all documentation sufficient to demonstrate the compliance set forth in this Section, and to provide such documentation to IntelePeer upon written request.

2. Rates.

2.1 IntelePeer will make available to Customer the Service components of each SmartAgent Bundle, or any Add-Ons ordered, based on the Rates, and associated conditions outlined in the Customer’s Order Form. The Order Form also sets forth the amount of the Overage charge applied each month the Customer exceeds the Interactions for any Bundle. In addition to the Rates and Overage in Customer’s Order Form, IntelePeer may charge any applicable fees as otherwise set forth in this Agreement, including but not limited to Taxes and Additional Surcharges.

3. Fair Usage Policy for SmartAgent Bundles. The Prohibited Uses for SmartAgent Bundles include without limitation:

(i) connecting to any device, computer, or telephone system, which can either: (a) place calls in an automated fashion (such as any predictive dialer, auto-dialer or robodialer), or (b) makes routing choices based on the cost of a call (such as a least cost routing engine);

(ii) traffic patterns which fail to conform either on a monthly average basis with the thresholds in the Additional Surcharge Section for the Services in the respective Attachments, or to a natural distribution across RBOC, ILEC, CLEC and wireless destinations;

(iii) reselling the SmartAgent Bundles under any circumstances;

(iv) access stimulation, the practice of inflating access charges, typically in rural areas, via services such as chat lines, adult entertainment calls, or “free” conference calls; and

(v) usage inconsistent with the parameters set forth in the Rating Model column of Section 1.1.