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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_05/13/2010 VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text. 5/13/10 Consent Agenda: No Resolution #: Click here to enter text. Originating Department: IT 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Council Award of Bid for Village Wide Phone Service Provider 3. BUDGET / FINANCIAL IMPACT: Account #: Amount of this item: Total Contractual Expense (36 months) $71,676 Multiple Accounts Monthly Expense + 1 Time AT &T Termination Charge (FY 2010 Budget) 001 - 160 - 541.300 $374 +$375 001 - 171- 541.300 $263 +$264 001- 192 - 541.300 $263 +$264 001 - 210- 541.300 $156 +$157 001 - 231 - 541.300 $313 +$314 401 - 242 - 541.300 $313 +$314 401 - 243 - 541.300 $214 +$215 001 - 180 - 541.300 $95 +$95 Current Budgeted Amount Available: Amount Remaining after item: $1,457 ($414) $17,420 $16,103 $7,790 $6473 $1,588 $806 $1,252 ($313) $4,551 $2,986 $2,079 $1,007 $670 $196 Budget Transfer Required: Yes - Attached Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) See attached memo t 5. APPROVALS: Dept. Head: Finance Director:} Reviewed for Financial ' `�- Sufficiency lJ No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: ❑ • APPROVE ITEM: ❑ • DENY ITEM: ❑ Form amended 08/26/08 FISCAL YEAR 2010 Village of Tequesta BA # Budget Amendment Request JE # Increase: Department: General Government Account: Communication Services Account #: 001 - 160 - 541.300 Original Budget Balance Available Transfer Amount New Balance Available $ 14,710.00 $ 1,457.00 $ 450.00 $ 1,907.00 Justification / Comments: Additional funding required for changes in allocation of communication services costs due to installation of new phone system and early termination penalties from old provider. Department: Parks & Recreations Account: Communication Services Account #: 001 - 231 - 541.300 Original Budget Balance Available Transfer Amount New Balance Available $ 2,500.00 $ 1,252.00 $ 350.00 $ 1,602.00 Justification / Comments: Additional funding required for changes in allocation of communication services costs due to installation of new phone system and early termination penalties from old provider. Department: Account: Account #: Original Budget Balance Available Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification / Comments: Department: Account: Account #: Original Budget Balance Available Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification / Comments: Decrease: Department: General Government Account: Special Events Account #: 001 - 160 - 534.303 Original Budget Balance Available Transfer Amount New Balance Available $ 20,520.00 $ 6,906.00 $ - 800.00 $ 6,106.00 Justification / Comments: Additional funding required for changes in allocation of communication services costs due to installation of new phone system and early termination penalties from old provider. Department: Account: Account #: Original Budget Balance Available Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification / Comments: Department: Account: Account #: Original Budget Balance Available Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification / Comments: Department: Account: Account #: Original Budget Balance Available Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification / Comments: Approvals; Department Head: Da Budget Officer: Da Village Manager Approval: Da Village Council Approval: Resolution Number Da i i To: Michael R. Couzzo, Jr. Village Manager From: Brad Gomberg ° y= Date: 5/3/2010 Re: Voice Services Proposal Message: mmm. r As we prepare to install the new phone system, we must begin the process of implementing a y revised voice service infrastructure. Our current leased voice services through AT &T are bloated, ineffective, and above all expensive. The current configuration has placed an unnecessary ,> financial and technical burden on the Village. Our current voice infrastructure spans 5 sites and 4 completely separate phone systems with the only means of interoperability being a leased service known as AT &T Centrex. This service uses a "virtual" 5 th telephone system, hosted by AT &T, to act as an intermediary between Tequesta's 5 sites. Centrex was, at the time of its design, a good service that made connecting multiple voice sites cost effective. However with the advent of new VOIP technology, this service is antiquated and unnecessary. C YII Through the use of our new Toshiba VOIP capable PBX, we will be consolidating all voice service through 1 site,1 primary circuit, and 1 phone system. We will use 4 dedicated, privatized internet circuits at Public Safety, Public Works, Parks and Recreation, and the Water Plant to provide both internet access and voice connectivity back to the primary system in Public Safety. These circuits will also facilitate the use of the new VOIP feature set our new phone system provides. City Hail telephones will connect digitally through existing phone cabling that currently lies dormant between City Hall and Public Safety. This will allow us to centrally manage all Village telephones, and voice services, while consolidating all required voice / data circuits across remote sites. This will result in a system that is far easier to manage, and significantly more cost effective than our current configuration. 3ti i kl S Prior to the approval of the phone system proposal in December, the Village was spending between $3500 and $4500 per month on leased voice services. With the selection and approval of this overhaul we will be cutting our monthly expenditure by over 50% providing an annual savings of approximately $24,000, enough savings to completely pay for the new phone system implimentation in 36 -48 months. Attached to this memo are 3 quotations for the services described above. After some research and careful thought, I would highly recommend the Deltacom solution. Deltacom is offering the least complicated, and in my opinion, most effective solution. As compared with the Nuvox solution, Deltacom will provide us with the following advantages: U o 2000 additional long distance minutes o In addition to 1.5meg dedicated MPLS service at each remote site there will be 2meg cloud internet capability. o No need to purchase additional PBX equipment for Fax to Desktop functionality. o True analog capability on the PRI u o Within $4 of the lowest bid o Reduced management overhead E' w AT &T Proposal: $4687.48 per month Nuvox Proposal: $1987.00 per month 7 w: ' Deltacom Proposal: $1990.89 Recommended Provider ' Thank you, Director of IT / IS The Village ofTequests wx . QUOTE Packet # g6UJ9A13AKYV Date Faxed NEW ORDER FAX COVER SHEET No. of Pgs CUSTOMER INFORMATION If Existing Customer, Enter Account Number Customer Name Village of Tequesta AS400 Account Number Billing Address 357 Tequesta Drive IXPlus Account Number City Tequesta ACCOUNT SET -UP Single /Multi- Location X State Florida Zip 33469 Non - Grouped /Grouped X Location Address 357 Tequesta Drive Is this the Master Location Y (Yes/No) City Tequesta Master Location Address / Account Rumber: (If Different From Customer Info): State Florida Zip 33469 Contact Name Total Locations in this order? 4 Contact Telephone Payment Responsibility: Contact Title Master: X Location: What % of Discount Does the Master Retain: Contact Fax # (u Master is responsible for payment, Master most retain 100%.) Detail on Master Y (Y/N) Contact E -Mail Print Location Bill Y (Y/lh Expedite Requested Due Date SIC Code (Yes/No) Date Customer Signed Association # Referral Partner # SALES INFORMATION AE /MAE/ Name SALES lD# 92295 OA CSR Name CSR ID# Branch TC Name ESTIMATED REVENUE / EXPOSURE AMOUNT AE/MAE or CSR Order Type: Acqusition Retention Inside Sales Credit Order To: Base NPA/NXX 561 -575 Service Type: 4 Location MPLS Comments: TC has ordered loon in the field (Yes/No): No EZ Writer Ver. 5.6.5d Required Field: Select one of the below MAJOR ELITE SMALL Commission Month /day: / AGREEMENT F 0 R Accountable Business Solutions Date: 5/4/2010 Quote ID: Q6UJ9A14XUBM Presented By: Digital Telecommunications Tony Deluca 904- 725 -7483 Customer: Village of Tequesta Telephone#: 561 - 575 -6200 Address: 357 Tequesta Drive Tequesta, FL 33469 Tax Exempt -- YES Term Plan -- 3 Year(s) Location: Tequesta Drive Service Description CITY List MRC Local Service SimpliciT Plus IP 1 1,017.00 1,017.00 SimpliciT -Plus IP 3.0 Mg 1 0.00 0.00 Simplici -T 3.0 NI2 Option 1 100.00 100.00 Simplici -T 3.0 PRI Voice Only 1 880.00 880.00 Callsaver Basic Voicemail N/C - Declined 1 0.00 0.00 DID 20 Number Block 15 5.00 75.00 Local Volume Discount 35% (9.55) (334.25) Local Volume Discount 15% (10.17) (152.55) Local Additional Volume Discount 30% (9.55) (286.50) Local Additional Volume Discount 40% (10.17) (406.80) Local Term Discount 10% (3.34) (33.43) Local Term Discount 10% (4.58) (45.77) Internet/Data Dynamic Internet Bandwidth 1 0.00 0.00 Long Distance T_5000 Package 100% Waived 1 0.00 0.00 T_5000 Out 0.00 Rates /Overage Inter 0.0566 Rates /Overage Intra 0.0566 T LID Outbound 0.00 Rates /Overage Inter 0.0566 Rates /Overage Intra 0.0566 Long Distance Included Minutes 5000 0.00 0.00 Conference Calling Free Minutes 100 0.00 0.00 Toll Free Service Fee N/C - Declined 1 0.00 0.00 Long Distance Included Minutes 600 0.00 0.00 Conference Calling Free Minutes 100 0.00 0.00 Toll Free Service Fee N/C - Declined 1 0.00 0.00 Misc. Fees Secure IP Setup Charge 1 250.00 0.00 Secure IP Setup Charge Waived 1 (250.00) 0.00 Adtran 612 1 0.00 0.00 Equipment Maintenance Coverage 1 12.95 12.95 Internet/Data MPLS Gold Level 1 55.00 55.00 Secure IP Gateway 1 108.90 108.90 1.09 Page 1 of 4 QuotelD: Q6UJ9A14XUBM Initial MOTOROLA and the Stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. ® Motorola, Inc. 2008. All rights reserved. Secure IP Gateway Multimeg 1 82.50 82.50 Data /Internet Term Discou 10% (1.91) (1 9.14) Total Monthly Charges for Location $ 1,052.92 Total Installation Fees Billed $ 0.00 One Time Charges $ 0.00 Location: Seabrook Road Service Description QTY List MRC Local Service Complete LS 3 -Ln Add] Site Pkg 1 543.79 543.79 Callsaver Basic Voicemail N/C - Declined 1 0.00 0.00 Local Volume Discount 25 % (5.44) (135.95) Local Additional Volume Discount 25 % (5.44) (135.95) Local Term Discount 10 % (2.72) (27.19) Internet/Data Dynamic Internet Bandwidth 1 0.00 0.00 Long Distance T_2500 Package 1 0.00 0.00 Conference Calling Free Minutes 100 0.00 0.00 Toll Free Service Fee N/C - Declined 1 0.00 0.00 Misc. Fees Equipment Maintenance Coverage 1 12.95 12.95 Internet/Data MPLS Gold Level 1 55.00 55.00 Total Monthly Charges for Location $ 312.66 Total Installation Fees Billed $ 0.00 One Time Charges $ 0.00 Location: Bridge Road Service Description CITY List MRC Local Service Complete LS 3 -Ln Addl Site Pkg 1 543.79 543.79 Callsaver Basic Voicemail N/C - Declined 1 0.00 0.00 Local Volume Discount 25 % (5.44) (135.95) Local Additional Volume Discount 25 % (5.44) (135.95) Local Term Discount 10% (2.72) (27.19) Internet/Data Dynamic Internet Bandwidth 1 0.00 0.00 Long Distance T_2500 Package 1 0.00 0.00 Conference Calling Free Minutes 100 0.00 0.00 Toll Free Service Fee N/C - Declined 1 0.00 0.00 Misc. Fees Equipment Maintenance Coverage 1 12.95 12.95 Internet/Data MPLS Gold Level 1 55.00 55.00 Total Monthly Charges for Location $ 312.66 Total Installation Fees Billed $ 0.00 One Time Charges $ 0.00 Location: North Old dixie Highway Service Description QTY List MRC Local Service Complete LS 3 -1-n Add] Site Pkg 1 543.79 543.79 Callsaver Basic Voicemail N/C - Declined 1 0.00 0.00 Local Volume Discount 25% (5.44) (135.95) Local Additional Volume Discount 25% (5.44) (135.95) t'vtg Page 2 of 4 QuoteID: Q6UJ9A14XUBM Initial MOTOROLA and the Stylized M Logo are registered in the us Patent & Trademark Office. All other product or service names are the property of their respective owners. ® Motorola, Inc. 2. All rights reserved. Local Term Discount 10 % (2.72) (27.19) Internet/Data Dynamic Internet Bandwidth 1 0.00 0.00 Long Distance T_2500 Package 1 0.00 0.00 Conference Calling Free Minutes 100 0.00 0.00 Toll Free Service Fee N/C - Declined 1 0.00 0.00 Misc. Fees Equipment Maintenance Coverage 1 12.95 12.95 Internet/Data MPLS Gold Level 1 55.00 55.00 Total Monthly Charges for Location $ 312.66 Total Installation Fees Billed $ 0.00 One Time Charges $ 0.00 Total Monthly Charges $ 1,990.89 Total Installation Fees Billed $ 0.00 Total One Time Charges $ 0.00 Customer Proprietary Network Information As Deltacom provides Service to you, Deltacom develops information about the quantity, technical configuration, type and destination of products and services you use, together with other information about you found on your bill ( "Customer Proprietary Network Information" or "CPNI "). Your telephone number, name and address are not CPNI. Under federal law you have a right, and Deltacom has a duty, to protect the confidentiality of CPNI. In order to allow Deltacom to serve you in the most effective and efficient manner, you agree that Deltacom may use or share CPNI with Deltacom's affiliates for purposes of determining and offering other Deltacom products and services that may interest you. Your permission to use CPNI for this purpose is valid until revoked and shall survive the termination of your services. However, if at any time you wish to revoke your permission to allow Deltacom to use CPNI for this purpose, you may do so by calling 800 - 239 -3000, option 2. Denial of approval for Deltacom to use CPNI will not affect the provision of your Service. Ate You hereby designate Deltacom as your agent to request your service record information from your current telecommunications provider. Agreement for Service You hereby agree to purchase the products and services ( "Service ") described in this Agreement from Deltacom, Inc. ( "Deltacom ") for the Term shown above subject to the Standard AFS Terms and Conditions and any applicable tariffs, which are specifically incorporated into this Agreement by this reference. The Standard AFS Terms and Conditions and many of the tariffs may be viewed at the following site : hM: / /www.deltacom.com /terms conditions.aso If a tariff for your state is not posted, you may check with your State's public service commission or relevant authority. The Standard AFS Terms and Conditions and applicable tariffs include, among other matters, limitations of warranties, exclusion of consequential, and other special damages and other limitations of liability, a Discontinuance Charge or Early Termination Fee in the event of termination of any Services prior to the end of the specified Term, and an agreement to binding arbitration in the event of a dispute. By your signature you agree to the terms and conditions stated above and acknowledge you are authorized to sign this Agreement and purchase the Service. Any modifications to the terms and conditions of the Agreement must be in a separate non - handwritten addendum prepared and approved by Deltacom's legal department. Deltacom's provision of the Services will be deemed an acceptance of this Agreement in the absence of a Deltacom signature. Authorized Signature: Print Name Title Date Authorized Contact Deltacom Acceptance Print Name Title Date *Pricing is valid 30 days from date on Proposal and does not include E911 Charges, Taxes or Surcharges. Agency. MOTOROLA and the Stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. © Motorola, Inc. 2008. All rights reserved. t Page 3 of 4 QuotelD: Q6UJ9A14XUBM MOTOROLA and the Stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. ® Motorola, Inc. 2008. All rights reserved. t -vtg Page 4 of 4 QuoteID: Q6UJ9A14XUBM MOTOROLA and the Stylized M Logo are registered in the US Patent & Trademark Office. All other product or service names are the property of their respective owners. O Motorola, Inc. 2008. All rights reserved. d e l t a c o m r Customer Care Center 1- 800 - 239 -3000 Accountable Business Solutions Quote ID: Q6UJ9A14XUBM TOLL FREE LETTER OF AGENCY AND AUTHORIZATION To Whom It May Concern: Deltacom, Inc. ( "Deltacom ") has been selected by the undersigned to act as responsible organization ( "RESP ORG ") and toll free service cprovider for the toll free numbers identified below, and is authorized to act as agent for the undersigned for the purpose of taking such actions as may be required on behalf of the undersigned to implement this selection. The following toll free numbers are to be assigned to RESP ORG I. D. SIDLT: Canadian Toll Free Current I Origination Number RESP o"' W i�r *Effective time to be designated by Deltacom Toll Free Directory Listing Yes F] No (If yes, separate form required) Please PRINT or type: Customer Name: (as listed with responsible organization) Customer Address: Telephone Number: Sales Office Location: The undersigned releases from liability, any person to whom this letter is provided for actions taken in accordance with the terms contained herein. Deltacom and its affiliates shall not be responsible for damages arising from the acts or omissions of third parties regarding performance of requested actions hereunder. Authorized Signature: Print Name: Title: Date: REV 12/02 OPS TLFLOA dettacom. � le Iftakwu SOW"Ou Quote ID: Q6UJ9A14XUBM LETTER OF AUTHORIZATION Alltel F SBC F] BellSouth 1 Sprint Verizon F Sugarland F] Date: May 04, 2010 TO: The undersigned appoints Deltacom, INC., ( "Deltacom ") as agent with authority to request my Customer Service Record solely for the purpose of discussing the possible services that Deltacom may offer. This document does not constitute the undersigned's agreement to purchase any service from Deltacom and does not give Deltacom authority to request any change in the undersigned's service with the current carrier. may deal directly with my agent and provide the requested records. FROM: Customer: Village of Tequesta Location Address: 357 Tequesta Drive City: Tequesta State: FL Zip: 33469 Billing Telephone Number(s): 5615756200 Billing Telephone Number(s): Billing Telephone Number(s): Billing Telephone Number(s): Authorized Customer Signature: Customer Name (Please PRINT clearly): Title: www.deltacom.com Customer Care Center 1- 800 - 239.3000 de l t a c o m." Customer Care Center 1- 800 - 239 -3000 r+ AccoutaMe BAsirbew Sotutiorrs Quote ID: Q6UJ9A14XUB CREDIT APPLICATION - BUSINESS CUSTOMER Customer Legal Name Village of Tequesta Street Address 357 Teauesta Drive City Tequesta State FL Zip 33469 Contact Name Have you had Deltacom service before? If so, when? Name /Address /Account No. Current long distance carrier (other than Deltacom) Date Business started Type of Business Sole Proprietor Owner's Name /Address Social Security Number Partnership Partner's Name /Address Social Security Number Partner's Name /Address Social Security Number Corporation President's Name /Address Vice President's Name /Address Date of Incorporation State of Incorporation Federal ID No. If Branch, Division or Subsdiary (Circle One), Please Complete: Parent Company Location Bank Name /Address Account Number Contact Name Telephone Number Financial statements attached (Y /N) 1. Name Contact Name Street Address City State Zip Telephone Number Approximate Monthly Charges ($) Account # 2. Name Contact Name Street Address City State Zip Telephone Number Approximate Monthly Charges ($) Account # 3. Name Contact Name Street Address City State Zip Telephone Number Approximate Monthly Charges ($) Account # Customer Signature REV 12/02 OPS CA de l t a c o m !I' Customer Care Center 1- 800 - 239 -3000 Accountable &nti ss Solutions Quote ID: Q6UJ9A14XUBM Letter of Agency for Change in Service Provider Date: 5/4/2010 Sales Rep Customer Name: Village of Tequesta Association Billing Address: 901 North Old dixie Highway Telephone # 5615756236 City: Tequesta State: FL Zip: 33469 Fax #: OUTBOUND SERVICE INFORMATION BTN 1 BTN 1 BTN 1 WTN WTN WTN WTN WTN WTN WTN WTN WTN In the event that this Letter of Agency ("LOA") is for a multi -line and /or multi - location business and that Customer hasa term agreement for service with Deltacom, Customer, by signing this LOA, authorizes Deltacom to add lines and /or locations to Customer's account during the course of the term of the agreement for service. No additional LOA is required to add lines and /or locations during the term of the agreement, and this LOA will be valid for the term of the agreement provided the Customer has not submitted written revocation of this LOA to Deltacom. If different from above, indicate customer name listed with current Local carrier See attachment for additional order information. Customer hereby authorizes Deltacom to act as agent on Customer's behalf for the purpose of adding /deleting lines and services with Customer's current telecommunication service providers necessary to provision the Deltacom services requested by Customer. Customer understands that there may be a charge(s) associated with changing local and/or long distance service providers and there may be a charge(s) to change back to the original long distance and /or local carrier. Customers may consult with Deltacom as to whether a fee applies to the change. Customer understands that the above listed numbers will be transferred to Deltacom. LOCAL SERVICE: If initialed, Customer hereby designates Deltacom, Inc., ( "Deltacom "), as agent for Customer for the purpose of changing Customer's current local exchange carrier to Deltacom on the telephone number(s) listed above and /or to be assigned to Customer by Deltacom. Customer understands that only one carrier may be designated as Customer's local exchange carrier for any one telephone number. LONG DISTANCE SERVICE: If initialed, Customer hereby designates Deltacom, Inc., ( "Deltacom "), as agent for Customer for the purpose of changing Customer's primary long distance service provider to Deltacom on the telephone number(s) listed above and /or to be assigned to Customer by Deltacom. Customer understands that in some areas Customer may designate one interexchange carrier ( "IXC ") for interLATA and one IXC for intraLATA calls. InterLATA only Intra LATA only Both Authorized Signature Print Name Title Date Your signature will result in a change in your local and /or long distance service provider as initialed for the telephone number(s) listed /described above. Customer acknowledges by signature that they have not signed any blank or incomplete pages and is authorized to make these changes. CHANGE FREEZE: If initialed, at no additional charge to Customer, Customer requests Deltacom to place a CHANGE FREEZE on the numbers listed above in an effort to prevent future local /long distance carrier changes made without Customer's written consent (Only available where Deltacom is the Local Exchange Carrier for Customer) and as permitted by law. Local InterLATA only Intra LATA only All Authorized Signature Print Name Title Date de l t a c o m! Customer Care Center 1- 800 - 239 -3000 Ac=wtebte Duskwu Sotutiom Quote ID: Q6UJ9A14XUBM Letter of Agency for Change in Service Provider (Con Date: 5r4f2010 Sales Rep Customer Name: Village of Teguesta Billing Address: 901 North Old dixie Highway Telephone # 5615756236 City: Tequesta State: FL Zip: 33469 Fax #: OUTBOUND •' • WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WfN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WTN WfN WTN WTN WTN WTN WTN WTN WTN WTN WTN Authorized Signature Print Name Title Date Form 6 *Customer acknowledges that Deltacom may be reselling local services of the incumbent local exchange Page 2 of 2 Phase I Welcome to Deltacom! Deltacom Technical Consultant(TC) performs Site Survey E Deltacom Quality Control Coordinator Contacts you to verify service order and provides your account number along with the name ofyour deltacom installation Coordinator. Phas 11 Deltacom Installation Coordinator contacts you and your vendor to reconfirm your order and schedule network installation and service activation dates Vendor charges will be accrued for time and /or materials related to the service Installation. Deltacom is not responsible for these charges. Last Mile Carrier Technician (from AT &T, Embarq, Verizon or other provider, as appropriate) arrives at service address to prepare network for service 'j Please ensure the phone closet is clear with room to move about and there El is space available on the backboard for new equipment s Deltacom Installation Coordinator calls to verify service is ready for installation Deltacom provided technician performs installation of network Deltacom Installation Coordinator calls to confirm activation date Please note: if the appointment needs to change It may result in a rescheduling fee �� Your vendor is onsite to perform service activation with Deltacom's remote test center Post Installation > Account Information Packet arrives > First invoice arrives with pro -rated month > Once installation is complete, please contact your previous provider to verify that your services are disconnected and billing is discontinued deltacom! > Your Deltacom Sales Representative Is responsible for this phase > The Site Survey performed in Phase I ensures: - Your phone closet is clear; there is adequate space to move about - There is space available on the backboard for your new equipment > If you purchased a phone system from Deltacom your CSR will set up an appointment togather the "Database" (phone system set -up details) My Deltacom Sales Representative Phone # My Account # > Your Deltacom Installation Coordinator is responsible for this phase > The Last Mile Carrier will install the T1 smart jack at your service address before Deltacom comes to convert your services The technician must have access to your telephone room when they arrive > A Deltacom provided technician will arrive on site 3 -5 days prior to your scheduled installation date > Your vendor must be onsite, at the specified time, on the day of the installation - Your Deltacom activation engineer will assist via remote access My Installation Coordinator Phone # PhWW1U > Deltaoom Customer Care Is responsible for this phase > Your first invoice will reflect pro-rated charges - Current partial month plus your first full month > For any questions regarding your Deltacom solution contact our Customer Care Team - Please have your 8 -digit account number available Deltacom Customer Care 800.239.3000 Signature sAtwwags cyds time is 45 days d er l i a c o m! d e l t a C o m'.. Customer Care Center 1-M -239 -3000 EXPEDITE REQUEST Account Name Location/Address Contact Name Telenhone 0 Requested Service Date Circuit Tine Normal Service delivery interval is determined from date of order receipt by Deltacom. Any requested improvement of the delivery interval constitutes expedite status. Request for expedited service does not guarantee requested service date delivery, but rather improves the standard delivery interval. Deltacom will use commercially reasonable efforts to meet Customer's expedite request. Customer hereby requests Deltacom to expedite the order and installation of the Service described above and understands that Customer will be responsible for the installation fee and any additional charges incurred for the expedited delivery of this Service. Non Waiveable Loop Installation Charge $1,500.00 per circuit (minimum charge) Quantity of circuits to expedite El Additional Locations for Expedite Loops Location/Address nt< Location/Address ntv El Location/Address ni Customer signature (required) Customer Name Date (required) Customer Title Account Executive Signature Date (required) Branch Manager Approval Signature _ paw (required) Deltaco Complete Customer Experience Guide Welcome to Deltacom! We appreciate your business and will work hard to earn and keep your trust. We believe in business integrity and a positive customer experience with no surprises and no secrets. This guide contains everything you need to know about your Deltacom T -1 -based services. Be sure to review this information and keep it handy as a reference. Thank you again for choosing Deltacom! Who to call Quick Guide Customer Care Team Remote Test Center Simpli-M Activation Pay Invoice via Phone y�yp M O M __ 1�,i �e �ii '�i i _ iillh I GI ih9l h 'Our US -based Customer Care representative will answer your call within 30 seconds. Deltaview Deltaview is Deltacom's self - service portal that puts you in the driver's seat to manage your account in a convenient 24/7 online application. From managing your monthly invoice to accessing useful reference materials, Deltaview embodies a streamlined approach. Our Customer Care professionals remain only a phone call or email away. Your Deltacom account number and Deltaview PIN are required to register. A separate letter containing this information and access instructions will be mailed to you. Please register promptly upon receipt of the letter. Visit http: / /deltaview.deltacom.com to register and review the handy reference information. Service Delivery Phase I - 0 -10 Days A Deltacom Technical Consultant (TC) will perform the Site Survey, which ensures: • You are notified if installation of power, backboard, ground or inside wiring is needed. - You are responsible for backboard, power and inside wiring. Deltacom will provide backboard and ground (up to 100 feet) for $275.00, - Inside wiring is available; Deltacom can quote that work separately if requested. • Deltacom Quality Control Coordinator (QCC) contacts you to verify service order and obtain technical details of the installation. The QCC will engage your vendor(s) as necessary. Simpli - Mobile Your devices are shipped to arrive via Fed Ex within 10 days. Please call to activate devices upon receipt. PHASE II - 11-45 Days A Deltacom Installation Coordinator will contact you and your equipment vendor to schedule network installation and service activation dates. • Last mile carrier technician (from AT &T, Embarq, Verizon or other provider, as appropriate) will install the facilities at your service address before Deltacom activates your services. • The technician must have access to your telephone room when they arrive. • A certified Deltacom technician will arrive on site 3 -5 days prior to your scheduled installation date to install Deltacom equipment and test the network facility. Your custom configuration sheet will be attached to the Deltacom equipment and left for your vendor. • Please ensure there is space available on the backboard for new equipment. Remote Test Center Your Deltacom Installation Coordinator calls to verify service is ready and confirm the activation date. Please ensure your vendor is on site to perform service 1.877.746.4863 activation and contacts Deltacom's Remote Test Center. • Vendor charges accrue for time and /or materials related to the service installation. Typical on -site activation time is 2 hours. Deltacom is not responsible for outside vendor charges. • Your communication services will be temporarily disrupted during activation. You can expect virtually no disruption to your data service. Your voice service will take approximately 2-4 minutes per line to port from previous carrier. • Once installation is complete, you should contact your previous provider to verify that your services are disconnected and billing is discontinued. You are the customer of record with your previous provider, therefore Deltacom cannot provide notice of discontinuation of service or billing on your behalf. • If your name or phone number has changed, please note it could take up to 72 hours to display on caller id. Additional Information Regarding Your Service Installation • Service must be installed within 90 days of contract execution or cancellation fee(s) will apply. • Cancellation of services prior to activation will incur a $1500 fee per T -1 circuit. • If services are not accepted within the established time frame, a fee of $195 per circuit will be charged monthly until services are accepted or cancelled. NOTE: If you are unable to keep your appointment, a rescheduling fee of $250 will apply if you reschedule more than one time or do not provide three or more business days notice. Deltacom Invoice A Deltacom representative will contact you within 30 days of your first invoice to review it and answer any questions. > Your first invoice includes prorated changes (current partial month plus your first full month). PAYMENT OPTIONS • Paper bills - available upon request for $5.95 per month > Deltaview • Debit and credit cards - Visa, MasterCard and Discover > Voice Response Unit (VRU) - 877.729.4823 • Recurring monthly draft > Check or money order - for mailing address, visit www.deltacom.com/payment-remittance.asp www.deltacom.com /payment_remittance.asp ADDITIONAL PAYMENT INFORMATION • If payment is not received by the due date on your invoice, a fee of 1.5% monthly, unless otherwise specified by state, will incur and service may be interrupted. • If service is interrupted, a reconnection fee of $125 for local service and $50 for data service is charged. ADDITIONAL RATES AND INVOICE INFORMATION • All Deltacom provided equipment should be used only for its intended purposes. A monthly maintenance fee of $12.95 per month relieves customers' liability for Acts of God, including lightning, fire, wind, flood and earthquake. • Deltacom will recover the Customer Premise Equipment (CPE) at the end of the contract or the customer will be charged the listed purchase price for the CPE. • Deltacom's rates, and the rates that Deltacom must pay to other telecommunications carriers, are subject to regulation by the FCC and various state public utilities commissions. As with other telecommunications carriers, retail and wholesale rate increases may occur due to general economic conditions or increases in regulatory costs. Deltacom commits to limit rate increases to no more than 5% per year unless necessitated by factors outside of our control such as significant regulatory, governmental, or other changes affecting our cost to provide class - leading service. Rest assured that we do not take rate increases lightly and always consider every other option before making this decision. INVOICE QUESTIONS OR DISPUTES • You will receive an update within 48 hours of dispute notification. • Estimated dispute resolution time is 10 days. • If there is a billing discrepancy, Deltacom will correct the error and credit the difference for up to 90 days. US -BASED Customer Care Center CONTACT 1.800.239.3000 / customerreauests tccDdeltacom.com HOURS 7:OOAM - 5:OOPM CST / Monday - Friday repair Center - 24 x 7 _ • Calls to our Customer Care Center are answered within 30 seconds. • Emailed inquiries are acknowledged and assigned to an account agent within 48 hours of receipt. Protect Your Network As businesses continue to rely heavily on voice and data services, network protection and security are more important than ever. While network deception is possible, the customer's phone system is one of the most common areas of telecommunications fraud. While there is no way to completely prevent fraud, taking the following actions can greatly reduce your risks. • Do not request international access on your phone lines or calling cards unless absolutely necessary. • Change voicemail passwords and security codes to codes that utilize non - repetitive or non - consecutive digits. Always create codes that utilize the maximum number of digits allowed. • Consider utilizing long distance account codes. • Develop and maintain an internal company security policy. NOTE: Deltacom is not responsible for fraud incurred through a breach of security in the customer owned or provided equipment. I REPAIR Deltacom owns and operates a highly reliable network. However, in the event you experience a network issue, please follow the procedures below. To report a repair issue, please call Customer Care with your account number and /or main telephone number. Configuration Request Minor Degradaiton of Service Out of Service Condition ih 4 id F At completiong Within 2 hours Within 1 hour N/A Every 2 hours Every hour el ° Up to 24 hours 8 hours 4 hours ',,T IT your is not recovered in Ine time Trame 1aent1T1%Tr_yZ_U7 1 wi be escalated. I he escalation is is available online: http: / /www.deltacom.com/ maintenance _escalation_list.asp. Move of Service To request a move of your service from your existing location to a new location, contact Customer Care at least 45 days prior to the move. • The move of service takes approximately 45 days to complete. • You will receive an update within 10 days of placing the move order. • Deltacom incurs costs associated with installing and moving services including non - refundable charges from the last mile carrier. In the event you need to move your services to a new location, Deltacom will subsidize a significant portion of the cost. Your portion is: • 0 -18 months from service activation: $1,000 and a new term equal to your existing term • 18 months after service activation: $1,000 or a new term equal to your existing term • Your rate may change depending on the location of your new facility due to underlying rate schedules and fees. Add or Chance Lines and Features To request an addition of service or lines, please contact Customer Care. Most requests are completed within 10 days. Disconnecting Service To disconnect service, send your request to disconnect @deltacom.com. A 30 -day notice is required. • Your contract auto - renews for a term of 1 year unless notice of intent to disconnect is received at least 30 days and no more than 60 days prior to your contract expiring. • Deltacom invests a substantial amount to install your service. If you are still under contract, you will incur the following discontinuance fees: • 50% monthly recurring charge (70% for Simpli- BusinessSM) multiplied by the remaining months of service. NOTE: For moves and disconnects, please refer to your contract for specialized services, as the fees may be different. We appreciate your business. I have received and reviewed my Deltacom Complete Customer Experience Guide. Customer Representative Date Deltacom Representative Date Thank you for choosing Deltacom. Deltacom Customer Care Team d e l t a c o m r 1.800.239.3000 s Acme Business 5otuttau QUOTE VO) I P I Customer Information Customer Name VILLAGE OF TEQUESTA EAN 4143841 Install Street Address 357 TEQUESTA DR City, State, Zip TEQUESTA, Florida, 33469 -3088 Main Telephone Number (561)575 -6200 Market WEST PALM BEACH Contact Name Brad Cromberg Proposal ID 1331672 Account Representative Eric Perreault Proposal Type New Dealer Name Telrite Communications Term 3 Years • Adjusted Price Business Line 6 ISDN PRI (B +D Channels) 24 -- -- __ Voxlnternet Bandwidth 3 Mb -- -- __ Total VoxIP Services $1,358.34 $51.10 VoxIP Features Included Total a -. Price VoxlP Feature Package Nupack -- 1 $50.00 $50.00 VoxVoice Local Features Directory Assistance 10 10 $.00 $.00 Call Forward Universal/Variable 6 6 $.00 $.00 Caller ID 30 30 $.00 $.00 DID Numbers 20 300 $56.00 $56.00 Directory Listing 1 1 $.00 $.00 VoxVoice Long Distance Features Long Distance Bucket (1000 minutes) 1 3 $52.00 $52.00 Long Distance (International) - Standard Rates apply Long Distance Minute -- 1 $.053 /min $.053 /min Voxinternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features VoxNET QoS Gold -- 2 $600.00 $600.00 Total VoxlP Features $771 Other Charges Total Price Adjusted Installation Charges $2,000.00 $.00 Total Other Charges $.00 Authorized Customer Initial 03 May 2010 16:20:49 ET windstrectm® connecting business to business Page: 1 Total VoxIP Solution Total Price Adjusted Price Total Monthly Recurring Charges $823.00 Total Non - Recurring Charges $.00 In the event Customer makes changes to its services during the initial term of agreement, Customer is responsible for maintaining a Minimum Monthly Commitment of 85% of the Total Monthly Recurring Charges. Minimum Monthly Commitment $699.55 Service Information This proposal and all Windstream NuVox, Inc. and its affiliates Services shall be governed by the terms and conditions of the Customer Service Agreement ( "CSA ") entered between the parties. Please ask your sales representative for a copy of Windstream's standard CSA to review the additional terms applicable to Windstream's Services. Windstream reserves the right to choose the transport method for Customer's Service. In the event that a particular transport method is not available to support Service and /or if the cost of providing Service is higher than expected, Windstream reserves the right to cancel this proposal. Customer must subscribe to a minimum of one voice service (channel or call path) to qualify for LD Bucket Minutes. LD Buckets are not available on Net PLUS lines. LD Bucket minute rates vary based on term commitment. Interstate, Intrastate and 800 inbound usage will apply to LD Bucket Minutes. Any domestic usage above LD Bucket subscription amount and any Connect U and International will be billed at the rate per minute published in Windstream's currently - posted Terms and Condition /Price List(s). Unused Bucket minutes are subject to expiration at the end of the period specified in Windstream's currently - posted Terms and Condition /Price List(s). Authorized Windstream Representative Name Authorized Windstream Representative Signature Date Authorized Customer Name Authorized Customer Signature Date 03 May 2010 16:20:49 ET windstream connecting business to business Page: 2 NVC- 0010 -20 -01 NUVOX., Legal & Regulatory - Customer Service Record Authorization October 20, 2004: Revision E REQUEST FOR RELEASE OF CUSTOMER INFORMATION The undersigned hereby appoints NuVox Communications to act as an agent on its behalf for the sole purpose of obtaining customer information from: (Customer's current Local Telephone Company The undersigned hereby authorizes the Local Telephone Company to make all pertinent information available, including the results of an account research and itemization for specified Billing Telephone Numbers, to NuVox Communications, and to work with and follow NuVox Communications' instructions with reference to the above - mentioned matters. Billing Telephone Number(s): "SIGNATURE: PRINTED NAME: TITLE: COMPANY NAME: VILLAGE OF TEQUESTA COMPANY INSTALLATION ADDRESS: 357 TEQUESTA DR, TEQUESTA, FL, 334693088 DATE: 'Signature on this document does not authorize a change in telecommunications providers. PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA CUSTOMER SERVICE AGREEMENT Customer Name: VILLAGE OF TEQUESTA x New Customer Address for service: 357 TEQUESTA DR F0 � Existing City: TEQUESTA State: FL Zip: 334693088 _ Customer Services to be provided at above location unless different address indicated on Proposal(s) attached hereto I If CSA covers services at multiple locations, Proposal for each location must be attached. This Customer Service Agreement ( "CSA ") is made by and between NuVox Communications, Inc., a Delaware corporation, and its affiliates having its principal place of business at 2 North Main St., Greenville, South Carolina 29601 and the customer ( "Customer "): 1. Services to be Provided: Proposalfsl NuVox agrees to provide and Customer agrees to purchase the Services and equipment ( "Services ") described on the Proposal(s) and /or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated by reference. The Proposal(s) expire thirty (30) days from their creation date except that such Proposal(s) shall be extended if signed by NuVox after their expiration date(s). The Proposal(s) may not include certain taxes, surcharges, assessments, and /or fees that are based on NuVox's Tariffs, price lists and /or other federal, state and local taxes, fees, assessments, and surcharges imposed by NuVox or any governmental authority (collectively, "Fees "). Customer shall pay all such Fees unless Customer signs a tax exemption certificate proving that it is exempt from same within thirty (30) days of execution of this CSA. NuVox's commitment to provide Services is subject to approval of Customer's credit, approval of the suitability of Customer's premises, and receipt of all paperwork. Customer acknowledges and agrees that it will not use the Services for its own end users and /or customers as a provider of any sort, telecommunications or otherwise. 2. Term of CSA: Renewal: Termination: Termination Fees This CSA shall become effective on the date it is signed by NuVox and shall continue for the Term Commitment set forth in the Proposal(s) until replaced with a new CSA or terminated pursuant to the terms of this CSA. If this is Customer's first installation of NuVox Services at the applicable location(s), the Term Commitment for such location(s) shall begin on the date Services commence (the "Installation Date "). Supplemental requests for changes are subject to applicable fees and charges, and may affect the actual Installation Date. If Customer currently receives Services from NuVox, any rate or Service changes ( "Changes ") will become effective at the start of next bill cycle after Changes have been made, which could be at least two billing cycles from the effective date of this CSA. The Term Commitment for Changes shall commence on the date of the bill cycle on which the billing or Service changes appear. Upon expiration of the Term Commitment for a location, this CSA shall renew automatically for successive one (1) year renewal terms (each, a "renewal term ") until terminated or cancelled pursuant to the terms hereof. Either party may terminate this CSA by providing at least thirty (30) days written notice to the other party prior to the end of the initial Term Commitment or a renewal term or if the other party is in default of any material provision hereof and such default is not cured within thirty (30) days after the non - defaulting party gives the defaulting party written notice. Customer's right to terminate for cause shall be limited to termination of the Services at the affected location(s) only. Any Customer notice must be sent via first class certified mail, return receipt requested, to: NuVox., P.O. Box 6068, Greenville, SC 29606, ATTN: Customer Care. In the event that Customer downgrades or cancels its Google Apps Premier Edition Services, Customer is solely responsible for downloading all Customer's information to its computer. If Customer terminates this CSA following its execution but prior to the installation of Services, Customer shall pay NuVox a Cancellation Charge of $1000 per T1 or T1 equivalent or $250 per DSL line (BizPac). CUSTOMER'S RATES AND OTHER APPLICABLE DISCOUNTS ARE BASED UPON CUSTOMER'S COMMITMENT TO PURCHASE SERVICES FOR THE TERM COMMITMENT OR RENEWAL TERM. IF CUSTOMER TERMINATES THIS CSA AND /OR ANY SERVICES AT A LOCATION PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM FOR SUCH LOCATION (OTHER THAN AS PROVIDED ABOVE), OR IF NUVOX TERMINATES THIS CSA PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM DUE TO CUSTOMER'S MATERIAL BREACH, CUSTOMER AGREES TO PAY TO NUVOX, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AN AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGES ( "MRC) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN - CURRENT TERM. CUSTOMER AGREES THAT THE ACTUAL DAMAGE TO NUVOX IS DIFFICULT TO ASCERTAIN AND THAT THE AMOUNTS FIXED FOR LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE ACTUAL REDUCTION IN THE VALUE OF THIS CSA THAT NUVOX WILL SUSTAIN. 3. Customer Relocation Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location and Customer will incur installation charges for the new location based on the months of active service, as follows: $2000 for 0 -6 months, $1250 for 7 -12 months, $1000 for 13 -18 months, $750 for 19 -24 months, and $250 after 24 months. Customer will be required to enter into new CSA for such new location or NuVox will apply the liquidated damages set forth in Section 2 for the terminated location. Charges could apply and monthly fees may be affected. NuVox does not provide Services beyond specific service boundaries and if Customer moves beyond such boundaries, NuVox will apply the liquidated damages set forth in Section 2. 4. Documents Incorporated by Reference: Commission Oversight NUVOX'S SERVICES ARE SUBJECT TO AND THIS CSA INCORPORATES: (1) FOR BOTH REGULATED AND UNREGULATED SERVICES, THE TERMS AND CONDITIONS OF THE TARIFFS WHERE CUSTOMER RECEIVES THE SERVICES OR, IF NO TARIFFS ARE FILED, NUVOX'S SOUTH CAROLINA TARIFFS; (II) FOR REGULATED AND UNREGULATED SERVICES PROVIDED IN DETARIFFED JURISDICTIONS OR IN THE EVENT SOUTH CAROLINA IS DETAR/FFED, THE "TERMS AND CONDITIONS" APPLICABLE TO THE TYPES OF SERVICES CUSTOMER OBTAINS FROM NUVOX (I.E., DOMESTIC LONG DISTANCE) AND THE NORTH CAROLINA TERMS AND CONDITIONS POSTED AT http: / /www.nuvox. corn /Legal/termsandconditions.htm (Ill) FOR DATA AND INTERNET SERVICES, THE ACCEPTABLE USE POLICY" POSTED AT http:JJwww. nuvox .com /Legal/acceptableUse.htm AND THE "PRIVACY POLIC Y"POS TED AT http:// www. nuvox .com/Legal(privacyPolicy.htm Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA AND (V) IF CUSTOMER SUBSCRIBES TO ISDN -PRI SERVICES, THE `ISDN -PRI TERMS AND CONDITIONS OF SERVICE" POSTED AT httnl/www nuvox Com/Resour nter/LegaOSDN PRI terms and conditions odf IF CUSTOMER SUBSCRIBES TO NUVOX BUSINESS APPS, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK - THROUGH AGREEMENT FOR THE "GOOGLEAPPS PREMIER EDITION LICENSE" ( "GOOGLE LICENSE) POSTED AT htt :/n /www. nuvox. corn/ResourceCenter /Legal/Google Apas License 02-06-09.p PRIOR TO USING THE RELEVANT GOOGLE APPS; THEREFORE, CUSTOMER REPRESENTS THAT AN EMPLOYEE WHO SIGNS THIS AGREEMENT AND /OR THE GOGGLE LICENSE HAS THE EXPRESS AUTHORITY TO LEGALLY BIND THE CUSTOMER AND EXECUTE AGREEMENTS ON ITS BEHALF AND CUSTOMER CONSENTS TO EXECUTE THE AGREEMENT AND COMMUNICATE WITH NUVOX BY ELECTRONIC TRANSMISSION. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES IS SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME. In the event of any conflict between the provisions of this CSA and the Tariffs and /or the "Terms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and Conditions" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. 5. Rates and Charges: Changes: Billing Customer shall pay to NuVox charges for the Services and applicable equipment on a monthly basis, payable on receipt of the invoice notice, as set forth in the Proposal(s) ( "Monthly Recurring Charges" or "MRC ") or the applicable Tariff or, where a Tariff is not applicable, then as such charges may appear in NuVox's Terms and Conditions. In any given month during which Customer's actual usage at a location falls below the MMC for such location, Customer nonetheless shall pay the MMC. NUVOX RESERVES THE RIGHT TO INCREASE OR DECREASE MRCS ON AT LEAST THIRTY (30) DAYS NOTICE AND OTHER RATES AT ANY TIME. Billing at a location will begin upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software -based Services is granted to Customer); or (ii) thirty (30) days after delivery of the applicable facility or equipment to the Customer premises (if the delay in connection of the facility and /or equipment is due to Customer or its agent). Customer shall pay all costs and expenses of collection of any amounts due from Customer hereunder, including reasonable attorney's fees. Upon request, Customer can choose a paper bill containing detailed usage and charges delivered via regular mail for a monthly charge (if applicable). 6. Disconnection of Current Services• Special Construction: Third Party Charges• NuVox Provided Equipment Customer is solely responsible for disconnecting services with its current service provider. NuVox is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if NuVox or a third party provider is required to extend the Demarcation Point or undertake special construction for Customer. Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services. NuVox shall have no responsibility for maintenance or repair of same. Internet Services require properly configured peer -to -peer or client/server Ethernet network capable of connecting to a router at 1OBaseT. Any equipment installed by NuVox on Customer's premises (such as the CSU /DSU, Channel Bank and router, if applicable) shall remain at all times the property of NuVox and shall remain in good condition, less normal wear and tear. NuVox shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse NuVox for the cost of any necessary repairs. Customer shall provide NuVox reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If NuVox does not have access to Customer's premises within thirty (30) days after Customer terminates Services with NuVox, Customer shall reimburse NuVox for the full purchase price of the equipment as well as any attorney's fees and costs. 7. Disclaimer of Warranties: Limitation of Liability FOR PURPOSES OF THIS SECTION, " NUVOX" INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS AND /OR ANY ENTITY ON WHICH BEHALF NUVOX RESELLS SERVICES. NUVOX MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERV ICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMERS REQUIREMENTS AND ALL WARRANTIES ARE HEREBY DISCLAIMED. THE LIABILITY OF NUVOX FOR SERVICE ISSUES AND /0R INTERRUPTIONS OR IN JURISDICTIONS THAT PROHIBIT DISCLAIMERS SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN - CURRENT CREDIT POLICY. IN NO EVENT SHALL NUVOX BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR ANY OTHER LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), WHETHER IN A CLAIM OR AN ACTION BASED ON BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONTRACT, STRICT LIABILITY OR ANY OTHER THEORY (COLLECTIVELY "CAUSES OF ACTION ), EVEN IF NUVOX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 8. Critical Lines Because many lines can cease operating during a power outage, Customer should have a NetPlus or copper line for elevator, alarm, E911 and other critical functions. 9. Entire CSA: Modification This CSA, incorporated documents (collectively, the "CSA ") and any other documents required by NuVox to provide the Services constitute the entire agreement between the parties and there are no other verbal statements, representations, or warranties not embodied herein. This CSA and all changes to its terms and conditions must be in writing and signed by a Manager or Director on behalf of NuVox. Hand - written or typed changes to the terms and conditions of this CSA are strictly prohibited and will not be binding on NuVox. This CSA shall in all respects be governed by and construed in accordance with the laws of Delaware, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. If any part of this CSA is unenforceable, the rights and obligations of the parties shall be construed as if a commercially reasonable provision had been substituted, consistent with law and the parties' undertakings. 10. International Unblocking If Customer has access to NuVox international calling, Customer is subject to NuVox's web - posted Terms and Conditions for International Telecommunications Services. Customer and not NuVox is responsible for securing its customer premises equipment and Customer shall be liable for all charges associated with the customer premises, calling card(s) and /or access numbers, regardless of whether such use (i) is authorized by Customer management, or (ii) involves fraudulent activity. Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NU V0-X@ October 30, 2009: Rev. AA CUSTOMER AUTHORIZES NUVOX TO MONITOR AND RECORD ORAL COMMUNICATIONS WITH NUVOX PERSONNEL REGARDING CUSTOMER'S ACCOUNT OR THE SERVICES FOR THE PURPOSE OF SERVICE QUALITY ASSURANCE. CUSTOMER AGREES THAT NUVOX MAY SEND EMAIL MESSAGES CONCERNING PRODUCTS AND SERVICES. CUSTOMER NUVOX Signature: Signature: Printed Name: Printed Name: Title: Title Date: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Because Business is on the Line N U V0- e Important Information for Your Business Regarding E911 Service As a VoxIP customer, you are aware that your communications services with NuVox Communications are delivered using Voice over Internet Protocol (VoIP) technology. NuVox's gold standard 911 architecture differentiates NuVox from many consumer VoIP providers, and is one of the many reasons why NuVox's VoxIP product is an excellent fit for so many businesses. However, the Federal Communications Commission (FCC) requires all VoIP providers, including NuVox, to inform their customers of circumstances under which enhanced 911 (E911) service may not be available through the VoIP service or may be limited in some way in comparison to traditional E911 service. Under the FCC's rules, each customer must sign and return this form to acknowledge receipt and understanding of this advisory before service to the customer can be initiated. Differences Between Broadband E911 and Traditional E911 Services Circumstances under which E911 service through VoIP technology may not be available or may be limited in comparison to traditional E911 service include, but are not limited to: • Loss of Electrical Power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including E911 service. An uninterrupted power supply (UPS) can mitigate this issue and we urge you to provide a backup power supply to ensure continued operation of your equipment. • Broadband Connection Failure. Your broadband connection must be in place for you to contact E911. Please take all necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means for reaching emergency personnel. • Relocation of VoxIP Equipment. In order for E911 services to work properly with VoxIP, you must ensure that you advise NuVox of your current address for service, which is known as your "Registered Location," and ensure that your Registered Location does not contain any errors. If you wish to update your Registered Location, NuVox prefers that you do so by sending an email to 911(a)nuvox.com however, if you do not have email access, please call 800 - 600 -5050. Otherwise, emergency personnel could be dispatched to an incorrect address. • Delays in Updating your Registered Location. Once you contact NuVox to update your Registered Location, a delay of 48 -72 hours may occur before your Registered Location reflects the updated information. During this time, emergency personnel could be dispatched to your previous Registered Location. Because you may not be able to access E911 emergency services under the circumstances described above you should (1) ensure that you have some alternate means of contacting 911 emergency services; and (2) inform anyone using your VoxlP service that they may have to use a NetPlus line, cellular phone or some alternate means to contact 911 emergency services. To assist you in this, NuVox has or will provide you with stickers describing the limitations on E911 availability, which you should place on or near the equipment used to access VoxIP. Acknowledgement I have received and understood this notice regarding NuVox's broadband E911 service and how it differs from traditional E911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I have received warning stickers explaining that E911 service may not be available, and I will place the stickers on or near the equipment I use to access NuVox's VoxIP Services. If I did not receive the stickers, I will contact NuVox's Customer Care team at 800 - 600 -5050. Signature: Title: Company Name: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Nuvex. AUTHORIZATION TO USE CUSTOMER PROPRIETARY NETWORK INFORMATION ( "CPNI") In the course of providing service to your company, NuVox will obtain and possess certain usage - related information about the quantity and type of the communications services your company uses. This information is referred to as customer proprietary network information ( "CPNI "). As a practical matter, CPNI includes information such as the type of communications services that you purchase from NuVox (e.g., local service, long distance service, internet service), the features that you purchase (e.g., call waiting, caller ID), and your usage patterns. Under federal law, you have the right, and NuVox has the duty, to protect the confidentiality of your CPNI. We may use your CPNI to tailor our products and services to your needs and to enhance our ability to meet all of your communications needs by making you aware of products and services that we believe may be of interest. We also may share this information with ( "Dealer ") for the purpose of marketing /selling NuVox products and services to you, to enhance your current service with NuVox, and to ensure accurate Dealer compensation. Dealer will not use this information for the purpose of selling non - communications related products and services. By signing below, you consent to NuVox's use and sharing of CPNI for the purposes described herein and to the persons /entities identified above. You may contact NuVox at 1- 877 -331- 7077 at any time to deny use of your CPNI. You can visit our website at http: / /www.nuvox.com /Legal /CPNI /index.htm to review CPNI frequently asked questions. Your consent to use CPNI is valid until revoked and your decision will not affect the quality of service that NuVox provides to you. If you prefer, you may fax this form to 1- 866 - 273 -8192 or email the form to cpnioptin @nuvox.com. Customer Name: Account Number: Customer Signature: Date: NVC- 0010- 300 -06 Legal & Regulatory International Access Agreement NUVOX. June 14, 2007: Revision C Page 1 of 1 International Calling Access Agreement Attention Customer: Contact NuVox at 1- 800 - 600 -5050, Option 3 for processing As indicated below, Customer has requested that NuVox Communications ( "NuVox ") permit Customer access to International Calling service by removing the "blocking" that NuVox typically applies to this service. Customer agrees and acknowledges that Customer shall be liable for all charges associated with International Calling service dialed from the customer premises or through the use of Customer's NuVox account access and /or Calling Card codes, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature. Customer agrees that NuVox assumes no liability of any kind with respect to its providing access to International Calling service via connections from Customer premises and locations where Customer uses NuVox services. Customer shall indemnify, defend and hold harmless NuVox against any and all claims made by the third party provider of International Calling service. Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third party vendors of International Calling services could result in suspension or interruption of long distance and /or local services provided by NuVox. NuVox assumes no liability of any kind with respect to such potential service suspensions or interruptions. My initials in the space(s) below indicate that I authorize Nuvox Communications to remove the following: International Call Blocking (Initials) Customer Signature: Printed Name: Account Number: Date: Main telephone number: Contact Number: Ticket number: Company Name: Initial if block will be removed from all lines (If not, please specify from which numbers will have the block removed). PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox communications except pursuant to a written agreement. Fax to: 1- 864 - 335 -5506 - � I � V0)X I P Customer Information Customer Name VILLAGE OF TEQUESTA EAN 4143847 Install Street Address 136 BRIDGE RD City, State, Zip TEQUESTA, Florida, 33469 -2714 Main Telephone Number (561)575 -6234 Market WEST PALM BEACH Contact Name Brad Cromberg Proposal ID 1331677 Account Representative Eric Perreault Proposal Type New Dealer Name Telrite Communications Term 3 Years VoxlP Services Total Qty - Price Business Line 6 -- -- -- Voxlnternet Bandwidth 1.5 Mb -- -- -- Total VoxIP Services $611.67 $24.10 Inclu VoAP Features Total a - Price VoxIP Feature Package Nupack -- 1 $50.00 $50.00 VoxVoice Local Features Directory Assistance 10 10 $.00 $.00 Call Forward Universal/Variable 6 6 $.00 $.00 Call Transfer Disconnect 6 6 $.00 $.00 Caller ID 6 6 $.00 $.00 Hunting 5 5 $.00 $.00 Directory Listing 1 1 $.00 $.00 VoxVoice Long Distance Features Long Distance Bucket (1000 minutes) 1 1 $.00 $.00 Long Distance (International) - Standard Rates apply Long Distance Minute -- 1 $.053 /min $.053 /min Voxlnternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features VoxNET QoS Gold -- 1 $300.00 $300.00 Total VoxIP Features $363.90 Adjust Other Charges Total Price Price Installation Charges $1,000.00 $.00 Total Other Charges $.00 Authorized Customer Initial 02 Mar 2010 12:07:21 ET X Page: 1 ' Total VoxIP Solution Total Price Adj�ustedPrice Total Monthly Recurring Charges $388.00 Total Non - Recurring Charges $.00 In the event Customer makes changes to its services during the initial term of agreement, Customer is responsible for maintaining a Minimum Monthly Commitment of 85% of the Total Monthly Recurring Charges. Minimum Monthly Commitment $329.80 'Service Information This proposal and all NuVox Services shall be governed by the terms and conditions of the Customer Service Agreement ( "CSA ") entered between the parties. Please ask your sales representative for a copy of NuVox's standard CSA to review the additional terms applicable to NuVox's Services. NuVox reserves the right to choose the transport method for Customer's Service. In the event that a particular transport method is not available to support Service and /or if the cost of providing Service is higher than expected, NuVox reserves the right to cancel this proposal. Customer must subscribe to a minimum of one voice service (channel or call path) to qualify for LD Bucket Minutes, LD Buckets are not available on Net PLUS lines. LD Bucket minute rates vary based on term commitment. Interstate, Intrastate and 800 inbound usage will apply to LD Bucket Minutes. Any domestic usage above LD Bucket subscription amount and any Connect U and International will be billed at the rate per minute published in NuVox's currently - posted Terms and Condition /Price List(s). Unused Bucket minutes are subject to expiration at the end of the period specified in NuVox's currently - posted Terms and Condition /Price List(s). Authorized NuVox Representative Name Authorized NuVox Representative Signature Date Authorized Customer Name Authorized Customer Signature Date 02 Mar 2010 12:07:21 ET NUVOX Page: 2 NVC- 0010 -20 -01 NUVOX. Legal & Regulatory - Customer Service Record Authorization October 20, 2004: Revision E REQUEST FOR RELEASE OF CUSTOMER INFORMATION The undersigned hereby appoints NuVox Communications to act as an agent on its behalf for the sole purpose of obtaining customer information from: (Customer's current Local Telephone Company The undersigned hereby authorizes the Local Telephone Company to make all pertinent information available, including the results of an account research and itemization for specified Billing Telephone Numbers, to NuVox Communications, and to work with and follow NuVox Communications' instructions with reference to the above - mentioned matters. Billing Telephone Number(s): *SIGNATURE: PRINTED NAME: TITLE: COMPANY NAME: VILLAGE OF TEQUESTA COMPANY INSTALLATION ADDRESS: 136 BRIDGE RD, TEQUESTA, FL, 334692714 DATE: *Signature on this document does not authorize a change in telecommunications providers. PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUV0X October 30, 2009: Rev. AA CUSTOMER SERVICE AGREEMENT Customer Name: VILLAGE OF TEQUESTA i xi New Customer Address for service: 136 BRIDGE RD Existing City: TEQUESTA State: FL Zip: 334692714 FU Customer Services to be provided at above location unless different address indicated on Proposal(s) attached hereto. If CSA covers services at multiple locations, Proposal for each location must be attached. This Customer Service Agreement ( "CSA ") is made by and between NuVox Communications, Inc., a Delaware corporation, and its affiliates having its principal place of business at 2 North Main St., Greenville, South Carolina 29601 and the customer ( "Customer "): 1. Services to be Provided: Propo" NuVox agrees to provide and Customer agrees to purchase the Services and equipment ( "Services ") described on the Proposal(s) and /or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated by reference. The Proposal(s) expire thirty (30) days from their creation date except that such Proposal(s) shall be extended if signed by NuVox after their expiration date(s). The Proposal(s) may not include certain taxes, surcharges, assessments, and /or fees that are based on NuVox's Tariffs, price lists and /or other federal, state and local taxes, fees, assessments, and surcharges imposed by NuVox or any governmental authority (collectively, "Fees "). Customer shall pay all such Fees unless Customer signs a tax exemption certificate proving that it is exempt from same within thirty (30) days of execution of this CSA. NuVox's commitment to provide Services is subject to approval of Customer's credit, approval of the suitability of Customer's premises, and receipt of all paperwork. Customer acknowledges and agrees that it will not use the Services for its own end users and /or customers as a provider of any sort, telecommunications or otherwise. 2. Term of CSA: Renewal: Termination: Termination Fees This CSA shall become effective on the date it is signed by NuVox and shall continue for the Term Commitment set forth in the Proposal(s) until replaced with a new CSA or terminated pursuant to the terms of this CSA. If this is Customer's first installation of NuVox Services at the applicable location(s), the Term Commitment for such location(s) shall begin on the date Services commence (the "Installation Date "). Supplemental requests for changes are subject to applicable fees and charges, and may affect the actual Installation Date. If Customer currently receives Services from NuVox, any rate or Service changes ( "Changes ") will become effective at the start of next bill cycle after Changes have been made, which could be at least two billing cycles from the effective date of this CSA. The Term Commitment for Changes shall commence on the date of the bill cycle on which the billing or Service changes appear. Upon expiration of the Term Commitment for a location, this CSA shall renew automatically for successive one (1) year renewal terms (each, a "renewal term ") until terminated or cancelled pursuant to the terms hereof. Either party may terminate this CSA by providing at least thirty (30) days written notice to the other party prior to the end of the initial Term Commitment or a renewal term or if the other party is in default of any material provision hereof and such default is not cured within thirty (30) days after the non - defaulting party gives the defaulting party written notice. Customer's right to terminate for cause shall be limited to termination of the Services at the affected location(s) only. Any Customer notice must be sent via first class certified mail, return receipt requested, to: NuVox., P.O. Box 6068, Greenville, SC 29606, ATTN: Customer Care. In the event that Customer downgrades or cancels its Google Apps Premier Edition Services, Customer is solely responsible for downloading all Customer's information to its computer. If Customer terminates this CSA following its execution but prior to the installation of Services, Customer shall pay NuVox a Cancellation Charge of $1000 per T1 or T1 equivalent or $250 per DSL line (BizPac). CUSTOMER'S RATES AND OTHER APPLICABLE DISCOUNTS ARE BASED UPON CUSTOMER'S COMMITMENT TO PURCHASE SERVICES FOR THE TERM COMMITMENT OR RENEWAL TERM. IF CUSTOMER TERMINATES THIS CSA AND /OR ANY SERVICES AT A LOCATION PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM FOR SUCH LOCATION (OTHER THAN AS PROVIDED ABOVE), OR IF NUVOX TERMINATES THIS CSA PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM DUE TO CUSTOMER'S MATERIAL BREACH, CUSTOMER AGREES TO PAY TO NUVOX, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AN AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGES ( "MRC') MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN - CURRENT TERM. CUSTOMER AGREES THAT THE ACTUAL DAMAGE TO NUVOX IS DIFFICULT TO ASCERTAIN AND THAT THE AMOUNTS FIXED FOR LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE ACTUAL REDUCTION IN THE VALUE OF THIS CSA THAT NUVOX WILL SUSTAIN. 3. Customer Relocation Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location and Customer will incur installation charges for the new location based on the months of active service, as follows: $2000 for 0 -6 months, $1250 for 7 -12 months, $1000 for 13 -18 months, $750 for 19 -24 months, and $250 after 24 months. Customer will be required to enter into new CSA for such new location or NuVox will apply the liquidated damages set forth in Section 2 for the terminated location. Charges could apply and monthly fees may be affected. NuVox does not provide Services beyond specific service boundaries and if Customer moves beyond such boundaries, NuVox will apply the liquidated damages set forth in Section 2. 4. Documents Incorporated by Reference: Commission Oversight NUVOX'S SERVICES ARE SUBJECT TO AND THIS CSA INCORPORATES: (1) FOR BOTH REGULATED AND UNREGULATED SERVICES, THE TERMS AND CONDITIONS OF THE TARIFFS WHERE CUSTOMER RECEIVES THE SERVICES OR, IF NO TARIFFS ARE FILED, NUVOX'S SOUTH CAROLINA TARIFFS, (II) FOR REGULATED AND UNREGULATED SERVICES PROVIDED IN DETAR/FFED JURISDICTIONS OR IN THE EVENT SOUTH CAROLINA IS DETARIFFED, THE "TERMS AND CONDITIONS" APPLICABLE TO THE TYPES OF SERVICES CUSTOMER OBTAINS FROM NUVOX (I.E., DOMESTIC LONG DISTANCE) AND THE NORTH CAROLINA TERMS AND CONDITIONS POSTED AT http://www.nuvox. corn /Legal/termsandconditions.htm: (///) FOR DATA AND INTERNET SERVICES, THE ACCEPTABLE USE POLICY" POSTED AT http : //www. nuvox .com /Legal/acceptableUse.htm AND THE "PRIVACY POLICY" POSTED AT httpJ /www. nuvox .com /Legal) rivacyPolicy.htm; Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA AND (V) IF CUSTOMER SUBSCRIBES TO ISDN -PR/ SERVICES, THE ISDN -PRI TERMS AND CONDITIONS OF SERVICE" POSTED AT http nuvox com/ResourceCenter /Legal /ISDN- PRIterms and conditions./, IF CUSTOMER SUBSCRIBES TO NUVOX BUSINESS APPS, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK- THROUGH AGREEMENT FOR THE " GOOGLE APPS PREMIER EDITION LICENSE" ( "GOOGLE LICENSE) POSTED AT htttl/www nuvox com /ResourceCenter/Legal /Googlle Apps License 02-06-09.p PRIOR TO USING THE RELEVANT GOOGLE APPS; THEREFORE, CUSTOMER REPRESENTS THAT AN EMPLOYEE WHO SIGNS THIS AGREEMENT AND /OR THE GOOGLE LICENSE HAS THE EXPRESS AUTHORITY TO LEGALLY BIND THE CUSTOMER AND EXECUTE AGREEMENTS ON ITS BEHALF AND CUSTOMER CONSENTS TO EXECUTE THE AGREEMENT AND COMMUNICATE WITH NUVOX BY ELECTRONIC TRANSMISSION. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES IS SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME. In the event of any conflict between the provisions of this CSA and the Tariffs and /or the "Terms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and Conditions" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. 5. Rates and Charges: Changes: Billing Customer shall pay to NuVox charges for the Services and applicable equipment on a monthly basis, payable on receipt of the invoice notice, as set forth in the Proposal(s) ( "Monthly Recurring Charges" or "MRC ") or the applicable Tariff or, where a Tariff is not applicable, then as such charges may appear in NuVox's Terms and Conditions. In any given month during which Customer's actual usage at a location falls below the MMC for such location, Customer nonetheless shall pay the MMC. NUVOX RESERVES THE RIGHT TO INCREASE OR DECREASE MRCS ON AT LEAST THIRTY (30) DAYS NOTICE AND OTHER RATES AT ANY TIME. Billing at a location will begin upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software -based Services is granted to Customer); or (ii) thirty (30) days after delivery of the applicable facility or equipment to the Customer premises (if the delay in connection of the facility and /or equipment is due to Customer or its agent). Customer shall pay all costs and expenses of collection of any amounts due from Customer hereunder, including reasonable attorney's fees. Upon request, Customer can choose a paper bill containing detailed usage and charges delivered via regular mail for a monthly charge (if applicable). 6. Disconnection of Current Services: Special Construction; Third Party Charges: NuVox- Provided Equipment Customer is solely responsible for disconnecting services with its current service provider. NuVox is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if NuVox or a third party provider is required to extend the Demarcation Point or undertake special construction for Customer. Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services. NuVox shall have no responsibility for maintenance or repair of same. Internet Services require properly configured peer -to -peer or client/server Ethernet network capable of connecting to a router at 10BaseT. Any equipment installed by NuVox on Customer's premises (such as the CSU /DSU, Channel Bank and router, if applicable) shall remain at all times the property of NuVox and shall remain in good condition, less normal wear and tear. NuVox shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse NuVox for the cost of any necessary repairs. Customer shall provide NuVox reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If NuVox does not have access to Customer's premises within thirty (30) days after Customer terminates Services with NuVox, Customer shall reimburse NuVox for the full purchase price of the equipment as well as any attorney's fees and costs. 7. Disclaimer of Warranties: Limitation of Liability FOR PURPOSES OF THIS SECTION, " NUVOX" INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS AND /OR ANY ENTITY ON WHICH BEHALF NUVOX RESELLS SERVICES. NUVOX MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMERS REQUIREMENTS AND ALL WARRANTIES ARE HEREBY DISCLAIMED. THE LIABILITY OF NUVOX FOR SERVICE ISSUES AND /OR INTERRUPTIONS OR IN JURISDICTIONS THAT PROHIBIT DISCLAIMERS SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN - CURRENT CREDIT POLICY. IN NO EVENT SHALL NUVOX BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR ANY OTHER LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), WHETHER IN A CLAIM OR AN ACTION BASED ON BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONTRACT, STRICT LIABILITY OR ANY OTHER THEORY (COLLECTIVELY "CAUSES OF ACTION"), EVEN IF NUVOX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 8. Critical Lines Because many lines can cease operating during a power outage, Customer should have a NetPlus or copper line for elevator, alarm, E911 and other critical functions. 9. Entire CSA: Modification This CSA, incorporated documents (collectively, the "CSA") and any other documents required by NuVox to provide the Services constitute the entire agreement between the parties and there are no other verbal statements, representations, or warranties not embodied herein. This CSA and all changes to its terms and conditions must be in writing and signed by a Manager or Director on behalf of NuVox. Hand - written or typed changes to the terms and conditions of this CSA are strictly prohibited and will not be binding on NuVox. This CSA shall in all respects be governed by and construed in accordance with the laws of Delaware, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. If any part of this CSA is unenforceable, the rights and obligations of the parties shall be construed as if a commercially reasonable provision had been substituted, consistent with law and the parties' undertakings. 10. International Unblockina If Customer has access to NuVox international calling, Customer is subject to NuVox's web - posted Terms and Conditions for International Telecommunications Services. Customer and not NuVox is responsible for securing its customer premises equipment and Customer shall be liable for all charges associated with the customer premises, calling card(s) and /or access numbers, regardless of whether such use (i) is authorized by Customer management, or (ii) involves fraudulent activity. Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA CUSTOMER AUTHORIZES NUVOX TO MONITOR AND RECORD ORAL COMMUNICATIONS WITH NUVOX PERSONNEL REGARDING CUSTOMER'S ACCOUNT OR THE SERVICES FOR THE PURPOSE OF SERVICE QUALITY ASSURANCE. CUSTOMER AGREES THAT NUVOX MAY SEND EMAIL MESSAGES CONCERNING PRODUCTS AND SERVICES. CUSTOMER NUVOX Signature: Signature: Printed Name: Printed Name: Title: Title Date: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Because Business is on the Line N U VD- 4 Important Information for Your Business Regarding E911 Service As a VoxIP customer, you are aware that your communications services with NuVox Communications are delivered using Voice over Internet Protocol (VoIP) technology. NuVox's gold standard 911 architecture differentiates NuVox from many consumer VoIP providers, and is one of the many reasons why NuVox's VoxlP product is an excellent fit for so many businesses. However, the Federal Communications Commission (FCC) requires all VoIP providers, including NuVox, to inform their customers of circumstances under which enhanced 911 (E911) service may not be available through the VoIP service or may be limited in some way in comparison to traditional E911 service. Under the FCC's rules, each customer must sign and return this form to acknowledge receipt and understanding of this advisory before service to the customer can be initiated. Differences Between Broadband E911 and Traditional E911 Services Circumstances under which E911 service through VoIP technology may not be available or may be limited in comparison to traditional E911 service include, but are not limited to: • Loss of Electrical Power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including E911 service. An uninterrupted power supply (UPS) can mitigate this issue and we urge you to provide a backup power supply to ensure continued operation of your equipment. • Broadband Connection Failure. Your broadband connection must be in place for you to contact E911. Please take all necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means for reaching emergency personnel. • Relocation of VoxIP Equipment. In order for E911 services to work properly with VoxIP, you must ensure that you advise NuVox of your current address for service, which is known as your "Registered Location," and ensure that your Registered Location does not contain any errors. If you wish to update your Registered Location, NuVox prefers that you do so by sending an email to 911 @nuvox.com however, if you do not have email access, please call 800 - 600 -5050. Otherwise, emergency personnel could be dispatched to an incorrect address. • Delays in Updating your Registered Location. Once you contact NuVox to update your Registered Location, a delay of 48 -72 hours may occur before your Registered Location reflects the updated information. During this time, emergency personnel could be dispatched to your previous Registered Location. Because you may not be able to access E911 emergency services under the circumstances described above you should (1) ensure that you have some alternate means of contacting 911 emergency services; and (2) inform anyone using your VoxlP service that they may have to use a NetPlus line, cellular phone or some alternate means to contact 911 emergency services. To assist you in this, NuVox has or will provide you with stickers describing the limitations on E911 availability, which you should place on or near the equipment used to access VoxIP. Acknowledgement I have received and understood this notice regarding NuVox's broadband E911 service and how it differs from traditional E911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I have received warning stickers explaining that E911 service may not be available, and I will place the stickers on or near the equipment I use to access NuVox's VoxIP Services. If I did not receive the stickers, I will contact NuVox's Customer Care team at 800 - 600 -5050. Signature: Title: Company Name: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Nuvex. AUTHORIZATION TO USE CUSTOMER PROPRIETARY NETWORK INFORMATION ( "CPNI ") In the course of providing service to your company, NuVox will obtain and possess certain usage - related information about the quantity and type of the communications services your company uses. This information is referred to as customer proprietary network information ( "CPNI "). As a practical matter, CPNI includes information such as the type of communications services that you purchase from NuVox (e.g., local service, long distance service, internet service), the features that you purchase (e.g., call waiting, caller ID), and your usage patterns. Under federal law, you have the right, and NuVox has the duty, to protect the confidentiality of your CPNI. We may use your CPNI to tailor our products and services to your needs and to enhance our ability to meet all of your communications needs by making you aware of products and services that we believe may be of interest. We also may share this information with ( "Dealer") for the purpose of marketing /selling NuVox products and services to you, to enhance your current service with NuVox, and to ensure accurate Dealer compensation. Dealer will not use this information for the purpose of selling non - communications related products and services. By signing below, you consent to NuVox's use and sharing of CPNI for the purposes described herein and to the persons /entities identified above. You may contact NuVox at 1- 877 -331- 7077 at any time to deny use of your CPNI. You can visit our website at http: / /www.nuvox.com /Legal /CPNI /index.htm to review CPNI frequently asked questions. Your consent to use CPNI is valid until revoked and your decision will not affect the quality of service that NuVox provides to you. If you prefer, you may fax this form to 1- 866 - 273 -8192 or email the form to cpnioptin @nuvox.com. Customer Name: Account Number: Customer Signature: Date: NVC- 0010- 300 -06 Legal & Regulatory International Access Agreement NUVOX. June 14, 2007: Revision C Page 1 of 1 International Calling Access Agreement Attention Customer: Contact NuVox at 1- 800 - 600 -5050, Option 3 for processing As indicated below, Customer has requested that NuVox Communications ( "NuVox ") permit Customer access to International Calling service by removing the "blocking" that NuVox typically applies to this service. Customer agrees and acknowledges that Customer shall be liable for all charges associated with International Calling service dialed from the customer premises or through the use of Customer's NuVox account access and /or Calling Card codes, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature. Customer agrees that NuVox assumes no liability of any kind with respect to its providing access to International Calling service via connections from Customer premises and locations where Customer uses NuVox services. Customer shall indemnify, defend and hold harmless NuVox against any and all claims made by the third party provider of International Calling service. Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third party vendors of International Calling services could result in suspension or interruption of long distance and /or local services provided by NuVox. NuVox assumes no liability of any kind with respect to such potential service suspensions or interruptions. My initials in the space(s) below indicate that I authorize Nuvox Communications to remove the following: International Call Blocking (Initials) Customer Signature: Printed Name: Account Number: Date: Main telephone number: Contact Number: Ticket number: Company Name: Initial if block will be removed from all lines (If not, please specify from which numbers will have the block removed). PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox Communications except pursuant to a written agreement. Fax to: 1- 864 - 335 -5506 Vo) * X I P Customer Information Customer Name VILLAGE OF TEQUESTA EAN 4143843 Install Street Address 399 SEABROOK RD City, State, Zip TEQUESTA, Florida, 33469 -2605 Main Telephone Number (561)575 -1285 Market WEST PALM BEACH Contact Name Brad Cromberg Proposal ID 1331675 Account Representative Eric Perreault Proposal Type New Dealer Name Telrite Communications Term 3 Years VoxIP Services Total • -. Price Business Line 6 -- -- -- Voxlnternet Bandwidth 1.5 Mb -- -- -- Total VoxIP Services $611.67 $24.10 Included VoxIP Features Total • -. Price VoxIP Feature Package Nupack -- 1 $50.00 $50.00 VoxVoice Local Features Directory Assistance 10 10 $.00 $.00 Call Forward Universal/Variable 6 6 $.00 $.00 Call Transfer Disconnect 6 6 $.00 $.00 Caller ID 6 6 $.00 $.00 Hunting 5 5 $.00 $.00 Directory Listing 1 1 $.00 $.00 VoxVoice Long Distance Features Long Distance Bucket (1000 minutes) 1 1 $.00 $.00 Long Distance (International) - Standard Rates apply Long Distance Minute -- 1 $.053 /min $.053 /min Voxlnternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features VoxNET QoS Gold -- 1 $300.00 $300.00 Total VoxIP Features $363.90 Other Charges . Adjusted Price Installation Charges $1,000.00 $.00 Total Other Charges $.00 Authorized Customer Initial 02 Mar 2010 12:10:24 ET NUVOX. Page: 1 Total VoxIP Solution Total Price Adjusted Price Total Monthly Recurring Charges $388.00 Total Non - Recurring Charges $.00 In the event Customer makes changes to its services during the initial term of agreement, Customer is responsible for maintaining a Minimum Monthly Commitment of 85% of the Total Monthly Recurring Charges. Minimum Monthly Commitment $329.80 Service Information This proposal and all NuVox Services shall be governed by the terms and conditions of the Customer Service Agreement ( "CSA ") entered between the parties. Please ask your sales representative for a copy of NuVox's standard CSA to review the additional terms applicable to NuVox's Services. NuVox reserves the right to choose the transport method for Customer's Service. In the event that a particular transport method is not available to support Service and /or if the cost of providing Service is higher than expected, NuVox reserves the right to cancel this proposal. Customer must subscribe to a minimum of one voice service (channel or call path) to qualify for LD Bucket Minutes. LD Buckets are not available on Net PLUS lines. LD Bucket minute rates vary based on term commitment. Interstate, Intrastate and 800 inbound usage will apply to LD Bucket Minutes. Any domestic usage above LD Bucket subscription amount and any Connect U and International will be billed at the rate per minute published in NuVox's currently - posted Terms and Condition /Price List(s). Unused Bucket minutes are subject to expiration at the end of the period specified in NuVox's currently - posted Terms and Condition /Price List(s). Authorized NuVox Representative Name Authorized NuVox Representative Signature Date Authorized Customer Name Authorized Customer Signature Date 02 Mar 2010 12:10:24 ET NUVOX. Page: 2 NVC- 0010 -20 -01 NUVOX. Legal & Regulatory - Customer Service Record Authorization October 20, 2004: Revision E REQUEST FOR RELEASE OF CUSTOMER INFORMATION The undersigned hereby appoints NuVox Communications to act as an agent on its behalf for the sole purpose of obtaining customer information from: (Customer's current Local Telephone Company The undersigned hereby authorizes the Local Telephone Company to make all pertinent information available, including the results of an account research and itemization for specified Billing Telephone Numbers, to NuVox Communications, and to work with and follow NuVox Communications' instructions with reference to the above - mentioned matters. Billing Telephone Number(s): "SIGNATURE: PRINTED NAME: TITLE: COMPANY NAME: VILLAGE OF TEQUESTA COMPANY INSTALLATION ADDRESS: 399 SEABROOK RD, TEQUESTA, FL, 334692605 DATE: 'Signature on this document does not authorize a change in telecommunications providers. PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX. October 30, 2009: Rev. AA CUSTOMER SERVICE AGREEMENT Customer Name: VILLAGE OF TEQUESTA New Customer Address for service: 399 SEABROOK RD Existing City: TEQUESTA State: FL Zip: 334692605 Customer Services to be provided at above location unless different address indicated on Proposal(s) attached hereto. If CSA covers services at multiple locations, Proposal for each location must be attached. This Customer Service Agreement ( "CSA ") is made by and between NuVox Communications, Inc., a Delaware corporation, and its affiliates having its principal place of business at 2 North Main St., Greenville, South Carolina 29601 and the customer ( "Customer"): 1. Services to be Provided: Proposals) NuVox agrees to provide and Customer agrees to purchase the Services and equipment ( "Services ") described on the Proposal(s) and /or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated by reference. The Proposal(s) expire thirty (30) days from their creation date except that such Proposal(s) shall be extended if signed by NuVox after their expiration date(s). The Proposal(s) may not include certain taxes, surcharges, assessments, and /or fees that are based on NuVox's Tariffs, price lists and /or other federal, state and local taxes, fees, assessments, and surcharges imposed by NuVox or any governmental authority (collectively, "Fees "). Customer shall pay all such Fees unless Customer signs a tax exemption certificate proving that it is exempt from same within thirty (30) days of execution of this CSA. NuVox's commitment to provide Services is subject to approval of Customer's credit, approval of the suitability of Customer's premises, and receipt of all paperwork. Customer acknowledges and agrees that it will not use the Services for its own end users and /or customers as a provider of any sort, telecommunications or otherwise. 2. Term of CSA: Renewal: Termination: Termination Fees This CSA shall become effective on the date it is signed by NuVox and shall continue for the Tenn Commitment set forth in the Proposal(s) until replaced with a new CSA or terminated pursuant to the terms of this CSA. If this is Customer's first installation of NuVox Services at the applicable location(s), the Term Commitment for such location(s) shall begin on the date Services commence (the "Installation Date "). Supplemental requests for changes are subject to applicable fees and charges, and may affect the actual Installation Date. If Customer currently receives Services from NuVox, any rate or Service changes ( "Changes ") will become effective at the start of next bill cycle after Changes have been made, which could be at least two billing cycles from the effective date of this CSA. The Term Commitment for Changes shall commence on the date of the bill cycle on which the billing or Service changes appear. Upon expiration of the Term Commitment for a location, this CSA shall renew automatically for successive one (1) year renewal terms (each, a "renewal term ") until terminated or cancelled pursuant to the terms hereof. Either party may terminate this CSA by providing at least thirty (30) days written notice to the other party prior to the end of the initial Term Commitment or a renewal term or if the other party is in default of any material provision hereof and such default is not cured within thirty (30) days after the non - defaulting party gives the defaulting party written notice. Customer's right to terminate for cause shall be limited to termination of the Services at the affected location(s) only. Any Customer notice must be sent via first class certified mail, return receipt requested, to: NuVox., P.O. Box 6068, Greenville, SC 29606, ATTN: Customer Care. In the event that Customer downgrades or cancels its Google Apps Premier Edition Services, Customer is solely responsible for downloading all Customer's information to its computer. If Customer terminates this CSA following its execution but prior to the installation of Services, Customer shall pay NuVox a Cancellation Charge of $1000 per T1 or T1 equivalent or $250 per DSL line (BizPac). CUSTOMER'S RATES AND OTHER APPLICABLE DISCOUNTS ARE BASED UPON CUSTOMER'S COMMITMENT TO PURCHASE SERVICES FOR THE TERM COMMITMENT OR RENEWAL TERM. IF CUSTOMER TERMINATES THIS CSA AND /OR ANY SERVICES AT A LOCATION PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM FOR SUCH LOCATION (OTHER THAN AS PROVIDED ABOVE), OR IF NUVOX TERMINATES THIS CSA PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM DUE TO CUSTOMER'S MATERIAL BREACH, CUSTOMER AGREES TO PAY TO NUVOX, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AN AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGES ( "MRC) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN - CURRENT TERM. CUSTOMER AGREES THAT THE ACTUAL DAMAGE TO NUVOX IS DIFFICULT TO ASCERTAIN AND THAT THE AMOUNTS FIXED FOR LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE ACTUAL REDUCTION IN THE VALUE OF THIS CSA THAT NUVOX WILL SUSTAIN. 3. Customer Relocation Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location and Customer will incur installation charges for the new location based on the months of active service, as follows: $2000 for 0 -6 months, $1250 for 7 -12 months, $1000 for 13 -18 months, $750 for 19 -24 months, and $250 after 24 months. Customer will be required to enter into new CSA for such new location or NuVox will apply the liquidated damages set forth in Section 2 for the terminated location. Charges could apply and monthly fees may be affected. NuVox does not provide Services beyond specific service boundaries and if Customer moves beyond such boundaries, NuVox will apply the liquidated damages set forth in Section 2. 4. Documents Incorporated by Reference: Commission Oversight NUVOX'S SERVICES ARE SUBJECT TO AND THIS CSA INCORPORATES. (1) FOR BOTH REGULATED AND UNREGULATED SERVICES, THE TERMS AND CONDITIONS OF THE TARIFFS WHERE CUSTOMER RECEIVES THE SERVICES OR, IF NO TARIFFS ARE FILED, NUVOX'S SOUTH CAROLINA TARIFFS; (II) FOR REGULATED AND UNREGULATED SERVICES PROVIDED IN DETAR/FFED JURISDICTIONS OR IN THE EVENT SOUTH CAROLINA IS DETAR/FFED, THE "TERMS AND CONDITIONS" APPLICABLE TO THE TYPES OF SERVICES CUSTOMER OBTAINS FROM NUVOX (LE., DOMESTIC LONG DISTANCE) AND THE NORTH CAROLINA TERMS AND CONDITIONS POSTED AT http:/Awww. nuvox. com /Legal/termsandconditions.htm (111) FOR DATA AND INTERNET SERVICES, THE ACCEPTABLE USE POLICY" POSTED AT httpYAwww nuvox comALegal/acceptableUse htm AND THE "PRIVACY POLICY" POSTED AT http•AAwww nuvox comALegallprivacyPolicy htm Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA AND (V) IF CUSTOMER SUBSCRIBES TO ISDN -PRI SERVICES, THE 7SDN -PRI TERMS AND CONDITIONS OF SERVICE POSTED AT hUp //www nuvox com/ResourceCenter/Legal/ISDN -PRI terms andconditions.pf IF CUSTOMER SUBSCRIBES TO NUVOX BUSINESS APPS, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK - THROUGH AGREEMENT FOR THE " GOOGLE APPS PREMIER EDITION LICENSE" ( "GOOGLE LICENSE) POSTED AT httn IAvww nuvox com/ResourceCenter/Lega /Goog /e Apps License 02-06-09.p PRIOR TO USING THE RELEVANT GOGGLE APPS; THEREFORE, CUSTOMER REPRESENTS THAT AN EMPLOYEE WHO SIGNS THIS AGREEMENT AND /OR THE GOGGLE LICENSE HAS THE EXPRESS AUTHORITY TO LEGALLY BIND THE CUSTOMER AND EXECUTE AGREEMENTS ON ITS BEHALF AND CUSTOMER CONSENTS TO EXECUTE THE AGREEMENT AND COMMUNICATE WITH NUVOX BY ELECTRONIC TRANSMISSION. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES IS SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME. In the event of any conflict between the provisions of this CSA and the Tariffs and /or the "Terms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and Conditions" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. 5. Rates and Charges: Changes: Billing Customer shall pay to NuVox charges for the Services and applicable equipment on a monthly basis, payable on receipt of the invoice notice, as set forth in the Proposal(s) ( "Monthly Recurring Charges" or "MRC ") or the applicable Tariff or, where a Tariff is not applicable, then as such charges may appear in NuVox's Terms and Conditions. In any given month during which Customer's actual usage at a location falls below the MMC for such location, Customer nonetheless shall pay the MMC. NUVOX RESERVES THE RIGHT TO INCREASE OR DECREASE MRCS ON AT LEAST THIRTY (30) DAYS NOTICE AND OTHER RATES AT ANY TIME. Billing at a location will begin upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software -based Services is granted to Customer); or (ii) thirty (30) days after delivery of the applicable facility or equipment to the Customer premises (if the delay in connection of the facility and /or equipment is due to Customer or its agent). Customer shall pay all costs and expenses of collection of any amounts due from Customer hereunder, including reasonable attorney's fees. Upon request, Customer can choose a paper bill containing detailed usage and charges delivered via regular mail for a monthly charge (if applicable). 6. Disconnection of Current Services: Special Construction: Third Party Charges• NuVox- Provided Equipment Customer is solely responsible for disconnecting services with its current service provider. NuVox is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if NuVox or a third party provider is required to extend the Demarcation Point or undertake special construction for Customer. Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services. NuVox shall have no responsibility for maintenance or repair of same. Internet Services require properly configured peer -to -peer or client/server Ethernet network capable of connecting to a router at 10BaseT. Any equipment installed by NuVox on Customer's premises (such as the CSU /DSU, Channel Bank and router, if applicable) shall remain at all times the property of NuVox and shall remain in good condition, less normal wear and tear. NuVox shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse NuVox for the cost of any necessary repairs. Customer shall provide NuVox reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If NuVox does not have access to Customer's premises within thirty (30) days after Customer terminates Services with NuVox, Customer shall reimburse NuVox for the full purchase price of the equipment as well as any attorney's fees and costs. 7. Disclaimer of Warranties, Limitation of Liability FOR PURPOSES OF THIS SECTION, " NUVOX" INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS AND /OR ANY ENTITY ON WHICH BEHALF NUVOX RESELLS SERVICES. NUVOX MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMERS REQUIREMENTS AND ALL WARRANTIES ARE HEREBY DISCLAIMED. THE LIABILITY OF NUVOX FOR SERVICE ISSUES AND /OR INTERRUPTIONS OR IN JURISDICTIONS THAT PROHIBIT DISCLAIMERS SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN - CURRENT CREDIT POLICY. IN NO EVENT SHALL NUVOX BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR ANY OTHER LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), WHETHER IN A CLAIM OR AN ACTION BASED ON BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONTRACT, STRICT LIABILITY OR ANY OTHER THEORY (COLLECTIVELY "CAUSES OF ACTION ), EVEN IF NUVOX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 8. Critical Lines Because many lines can cease operating during a power outage, Customer should have a NetPlus or copper line for elevator, alarm, E911 and other critical functions. 9. Entire CSA: Modification This CSA, incorporated documents (collectively, the "CSA ") and any other documents required by NuVox to provide the Services constitute the entire agreement between the parties and there are no other verbal statements, representations, or warranties not embodied herein. This CSA and all changes to its terms and conditions must be in writing and signed by a Manager or Director on behalf of NuVox. Hand -written or typed changes to the terms and conditions of this CSA are strictly prohibited and will not be binding on NuVox. This CSA shall in all respects be governed by and construed in accordance with the laws of Delaware, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. If any part of this CSA is unenforceable, the rights and obligations of the parties shall be construed as if a commercially reasonable provision had been substituted, consistent with law and the parties' undertakings. 10. International Unblocking If Customer has access to NuVox international calling, Customer is subject to NuVox's web - posted Terms and Conditions for International Telecommunications Services. Customer and not NuVox is responsible for securing its customer premises equipment and Customer shall be liable for all charges associated with the customer premises, calling card(s) and /or access numbers, regardless of whether such use (i) is authorized by Customer management, or (ii) involves fraudulent activity. Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA CUSTOMER AUTHORIZES NUVOX TO MONITOR AND RECORD ORAL COMMUNICATIONS WITH NUVOX PERSONNEL REGARDING CUSTOMER'S ACCOUNT OR THE SERVICES FOR THE PURPOSE OF SERVICE QUALITY ASSURANCE. CUSTOMER AGREES THAT NUVOX MAY SEND EMAIL MESSAGES CONCERNING PRODUCTS AND SERVICES. CUSTOMER NUVOX Signature: Signature: Printed Name. Printed Name: Title: Title -- Date: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Because Business is on the Line NUVOX. Important Information for Your Business Regarding E911 Service As a VoxlP customer, you are aware that your communications services with NuVox Communications are delivered using Voice over Internet Protocol (VoIP) technology. NuVox's gold standard 911 architecture differentiates NuVox from many consumer VoIP providers, and is one of the many reasons why NuVox's VoxlP product is an excellent fit for so many businesses. However, the Federal Communications Commission (FCC) requires all VoIP providers, including NuVox, to inform their customers of circumstances under which enhanced 911 (E911) service may not be available through the VoIP service or may be limited in some way in comparison to traditional E911 service. Under the FCC's rules, each customer must sign and return this form to acknowledge receipt and understanding of this advisory before service to the customer can be initiated. Differences Between Broadband E911 and Traditional E911 Services Circumstances under which E911 service through VoIP technology may not be available or may be limited in comparison to traditional E911 service include, but are not limited to: • Loss of Electrical Power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including E911 service. An uninterrupted power supply (UPS) can mitigate this issue and we urge you to provide a backup power supply to ensure continued operation of your equipment. • Broadband Connection Failure. Your broadband connection must be in place for you to contact E911. Please take all necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means for reaching emergency personnel. • Relocation of VoxIP Equipment. In order for E911 services to work properly with VoxIP, you must ensure that you advise NuVox of your current address for service, which is known as your "Registered Location," and ensure that your Registered Location does not contain any errors. If you wish to update your Registered Location, NuVox prefers that you do so by sending an email to 911 0-nuvox.com however, if you do not have email access, please call 800 - 600 -5050. Otherwise, emergency personnel could be dispatched to an incorrect address. • Delays in Updating your Registered Location. Once you contact NuVox to update your Registered Location, a delay of 48 -72 hours may occur before your Registered Location reflects the updated information. During this time, emergency personnel could be dispatched to your previous Registered Location. Because you may not be able to access E911 emergency services under the circumstances described above you should (1) ensure that you have some alternate means of contacting 911 emergency services; and (2) inform anyone using your VoxIP service that they may have to use a NetPlus line, cellular phone or some alternate means to contact 911 emergency services. To assist you in this, NuVox has or will provide you with stickers describing the limitations on E911 availability, which you should place on or near the equipment used to access VoxIP. Acknowledgement I have received and understood this notice regarding NuVox's broadband E911 service and how it differs from traditional E911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I have received warning stickers explaining that E911 service may not be available, and I will place the stickers on or near the equipment I use to access NuVox's VoxlP Services. If I did not receive the stickers, I will contact NuVox's Customer Care team at 800 - 600 -5050. Signature: Title: Company Name: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Nuvex. AUTHORIZATION TO USE CUSTOMER PROPRIETARY NETWORK INFORMATION ( "CPNI") In the course of providing service to your company, NuVox will obtain and possess certain usage- related information about the quantity and type of the communications services your company uses. This information is referred to as customer proprietary network information ( "CPNI "). As a practical matter, CPNI includes information such as the type of communications services that you purchase from NuVox (e.g., local service, long distance service, internet service), the features that you purchase (e.g., call waiting, caller ID), and your usage patterns. Under federal law, you have the right, and NuVox has the duty, to protect the confidentiality of your CPNI. We may use your CPNI to tailor our products and services to your needs and to enhance our ability to meet all of your communications needs by making you aware of products and services that we believe may be of interest. We also may share this information with ( "Dealer ") for the purpose of marketing /selling NuVox products and services to you, to enhance your current service with NuVox, and to ensure accurate Dealer compensation. Dealer will not use this information for the purpose of selling non - communications related products and services. By signing below, you consent to NuVox's use and sharing of CPNI for the purposes described herein and to the persons /entities identified above. You may contact NuVox at 1- 877 -331- 7077 at any time to deny use of your CPNI. You can visit our website at http: / /www.nuvox.com /Legal /CPNI /index.htm to review CPNI frequently asked questions. Your consent to use CPNI is valid until revoked and your decision will not affect the quality of service that NuVox provides to you. If you prefer, you may fax this form to 1- 866- 273 -8192 or email the form to cpnioptin @nuvox.com. Customer Name: Account Number: Customer Signature: Date: NVC- 0010- 300 -06 Legal & Regulatory International Access Agreement NUVOX. June 14, 2007: Revision C Page 1 of 1 International Calling Access Agreement Attention Customer: Contact NuVox at 1- 800 -600 -5050, Option 3 for processing As indicated below, Customer has requested that NuVox Communications ( "NuVox ") permit Customer access to International Calling service by removing the "blocking" that NuVox typically applies to this service. Customer agrees and acknowledges that Customer shall be liable for all charges associated with International Calling service dialed from the customer premises or through the use of Customer's NuVox account access and /or Calling Card codes, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature. Customer agrees that NuVox assumes no liability of any kind with respect to its providing access to International Calling service via connections from Customer premises and locations where Customer uses NuVox services. Customer shall indemnify, defend and hold harmless NuVox against any and all claims made by the third party provider of International Calling service. Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third party vendors of International Calling services could result in suspension or interruption of long distance and /or local services provided by NuVox. NuVox assumes no liability of any kind with respect to such potential service suspensions or interruptions. My initials in the space(s) below indicate that I authorize Nuvox Communications to remove the following: International Call Blocking (Initials) Customer Signature: Printed Name: Account Number: Date: Main telephone number: Contact Number: Ticket number: Company Name: Initial if block will be removed from all lines (If not, please specify from which numbers will have the block removed). PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox Communications except pursuant to a written agreement. Fax to: 1- 864 - 335 -5506 Vo)x I P Customer Information Customer Name VILLAGE OF TEQUESTA EAN 4143850 Install Street Address 901 N DIXIE HWY City, State, Zip TEQUESTA, Florida, 33469 -0000 Main Telephone Number (561)575 -6236 Market WEST PALM BEACH Contact Name Brad Cromberg Proposal ID 1331686 Account Representative Eric Perreault Proposal Type New Dealer Name Telrite Communications Term 3 Years VoxIP Services Total • -. Price Business Line 6 -- -- -- Voxlntemet Bandwidth 1.5 Mb -- -- -- Total VoxIP Services $611.67 $24.10 VoxIP Features Included Total • -. Price VoxIP Feature Package Nupack -- 1 $50.00 $50.00 VoxVoice Local Features Directory Assistance 10 10 $.00 $.00 Call Forward Universal/Variable 6 6 $.00 $.00 Call Transfer Disconnect 6 6 $.00 $.00 Caller ID 6 6 $.00 $.00 Hunting 5 5 $.00 $.00 Directory Listing 1 1 $.00 $.00 VoxVoice Long Distance Features Long Distance Bucket (1000 minutes) 1 1 $.00 $.00 Long Distance (International) - Standard Rates apply Long Distance Minute -- 1 $.053 /min $.053 /min Voxlnternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features VoxNET QoS Gold -- 1 $300.00 $300.00 Total VoxIP Features $363.90 Other Charges Total Price Adjusted Price Installation Charges $1,000.00 $.00 Total Other Charges $.00 Authorized Customer Initial 02 Mar 2010 12:07:21 ET N UVO- A Page: 1 Total VoxIP Solution Total Price Adjusted Price, Total Monthly Recurring Charges $388.00 Total Non - Recurring Charges $.00 In the event Customer makes changes to its services during the initial term of agreement, Customer is responsible for maintaining a Minimum Monthly Commitment of 85% of the Total Monthly Recurring Charges. Minimum Monthly Commitment $329.80 Service Information This proposal and all NuVox Services shall be governed by the terms and conditions of the Customer Service Agreement ( "CSA ") entered between the parties. Please ask your sales representative for a copy of NuVox's standard CSA to review the additional terms applicable to NuVox's Services. NuVox reserves the right to choose the transport 9 P method for Customers Service. In the event that a particular transport method is not available to support Service and /or if the cost of providing Service is higher than expected, NuVox reserves the right to cancel this proposal. Customer must subscribe to a minimum of one voice service (channel or call path) to qualify for LD Bucket Minutes. LD Buckets are not available on Net PLUS lines. LD Bucket minute rates vary based on term commitment. Interstate, Intrastate and 800 inbound usage will apply to LD Bucket Minutes. Any domestic usage above LD Bucket subscription amount and any Connect U and International will be billed at the rate per minute published in NuVox's currently - posted Terms and Condition /Price List(s). Unused Bucket minutes are subject to expiration at the end of the period specified in NuVox's currently - posted Terms and Condition /Price List(s). Authorized NuVox Representative Name Authorized NuVox Representative Signature Date Authorized Customer Name Authorized Customer Signature Date 02 Mar 201012:07:21 ET 6_X* Page: 2 NVC- 0010 -20 -01 NUVOX. Legal & Regulatory - Customer Service Record Authorization October 20, 2004: Revision E REQUEST FOR RELEASE OF CUSTOMER INFORMATION The undersigned hereby appoints NuVox Communications to act as an agent on its behalf for the sole purpose of obtaining customer information from: (Customer's current Local Telephone Company The undersigned hereby authorizes the Local Telephone Company to make all pertinent information available, including the results of an account research and itemization for specified Billing Telephone Numbers, to NuVox Communications, and to work with and follow NuVox Communications' instructions with reference to the above- mentioned matters. Billing Telephone Number(s): "SIGNATURE: PRINTED NAME: TITLE: COMPANY NAME: VILLAGE OF TEQUESTA COMPANY INSTALLATION ADDRESS: 901 N DIXIE HWY, TEQUESTA, FL, 334690000 DATE: `Signature on this document does not authorize a change in telecommunications providers. PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA CUSTOMER SERVICE AGREEMENT Customer Name: VILLAGE OF TEQUESTA FE New Customer Address for service: 901 N DIXIE HWY F ci Existing City: TEQUESTA State: FL Zip: 334690000 Customer Services to be provided at above location unless different address indicated on Proposal(s) attached hereto. If CSA covers services at multiple locations, Proposal for each location must be attached. This Customer Service Agreement ( "CSA ") is made by and between NuVox Communications, Inc., a Delaware corporation, and its affiliates having its principal place of business at 2 North Main St., Greenville, South Carolina 29601 and the customer ( "Customer "): 1. Services to be Provided: Pr000s" NuVox agrees to provide and Customer agrees to purchase the Services and equipment ( "Services ") described on the Proposal(s) and /or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated by reference. The Proposal(s) expire thirty (30) days from their creation date except that such Proposal(s) shall be extended if signed by NuVox after their expiration date(s). The Proposal(s) may not include certain taxes, surcharges, assessments, and /or fees that are based on NuVox's Tariffs, price lists and /or other federal, state and local taxes, fees, assessments, and surcharges imposed by NuVox or any governmental authority (collectively, "Fees "). Customer shall pay all such Fees unless Customer signs a tax exemption certificate proving that it is exempt from same within thirty (30) days of execution of this CSA. NuVox's commitment to provide Services is subject to approval of Customer's credit, approval of the suitability of Customer's premises, and receipt of all paperwork. Customer acknowledges and agrees that it will not use the Services for its own end users and /or customers as a provider of any sort, telecommunications or otherwise. 2. Term of CSA: Renewal: Termination: Termination Fees This CSA shall become effective on the date it is signed by NuVox and shall continue for the Term Commitment set forth in the Proposal(s) until replaced with a new CSA or terminated pursuant to the terms of this CSA. If this is Customer's first installation of NuVox Services at the applicable location(s), the Term Commitment for such location(s) shall begin on the date Services commence (the "Installation Date "). Supplemental requests for changes are subject to applicable fees and charges, and may affect the actual Installation Date. If Customer currently receives Services from NuVox, any rate or Service changes ( "Changes ") will become effective at the start of next bill cycle after Changes have been made, which could be at least two billing cycles from the effective date of this CSA. The Term Commitment for Changes shall commence on the date of the bill cycle on which the billing or Service changes appear. Upon expiration of the Term Commitment for a location, this CSA shall renew automatically for successive one (1) year renewal terms (each, a "renewal term ") until terminated or cancelled pursuant to the terms hereof. Either party may terminate this CSA by providing at least thirty (30) days written notice to the other party prior to the end of the initial Term Commitment or a renewal term or if the other party is in default of any material provision hereof and such default is not cured within thirty (30) days after the non - defaulting party gives the defaulting party written notice. Customer's right to terminate for cause shall be limited to termination of the Services at the affected location(s) only. Any Customer notice must be sent via first class certified mail, return receipt requested, to: NuVox., P.O. Box 6068, Greenville, SC 29606, ATTN: Customer Care. In the event that Customer downgrades or cancels its Google Apps Premier Edition Services, Customer is solely responsible for downloading all Customer's information to its computer. If Customer terminates this CSA following its execution but prior to the installation of Services, Customer shall pay NuVox a Cancellation Charge of $1000 per T1 or T1 equivalent or $250 per DSL line (BizPac). CUSTOMER'S RATES AND OTHER APPLICABLE DISCOUNTS ARE BASED UPON CUSTOMER'S COMMITMENT TO PURCHASE SERVICES FOR THE TERM COMMITMENT OR RENEWAL TERM. IF CUSTOMER TERMINATES THIS CSA AND /OR ANY SERVICES AT A LOCATION PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM FOR SUCH LOCATION (OTHER THAN AS PROVIDED ABOVE), OR IF NUVOX TERMINATES THIS CSA PRIOR TO THE EXPIRATION OF THE THEN - CURRENT TERM DUE TO CUSTOMER'S MATERIAL BREACH, CUSTOMER AGREES TO PAY TO NUVOX, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AN AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGES ( "MRC) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN - CURRENT TERM. CUSTOMER AGREES THAT THE ACTUAL DAMAGE TO NUVOX IS DIFFICULT TO ASCERTAIN AND THAT THE AMOUNTS FIXED FOR LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE ACTUAL REDUCTION IN THE VALUE OF THIS CSA THAT NUVOX WILL SUSTAIN. 3. Customer Relocation Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location and Customer will incur installation charges for the new location based on the months of active service, as follows: $2000 for 0 -6 months, $1250 for 7 -12 months, $1000 for 13 -18 months, $750 for 19 -24 months, and $250 after 24 months. Customer will be required to enter into new CSA for such new location or NuVox will apply the liquidated damages set forth in Section 2 for the terminated location. Charges could apply and monthly fees may be affected. NuVox does not provide Services beyond specific service boundaries and if Customer moves beyond such boundaries, NuVox will apply the liquidated damages set forth in Section 2. 4. Documents Incorporated by Reference: Commission Oversight NUVOX'S SERVICES ARE SUBJECT TO AND THIS CSA INCORPORATES: (1) FOR BOTH REGULATED AND UNREGULATED SERVICES, THE TERMS AND CONDITIONS OF THE TARIFFS WHERE CUSTOMER RECEIVES THE SERVICES OR, IF NO TARIFFS ARE FILED, NUVOX'S SOUTH CAROLINA TARIFFS; (11) FOR REGULATED AND UNREGULATED SERVICES PROVIDED IN DETAR/FFED JURISDICTIONS OR IN THE EVENT SOUTH CAROLINA IS DETAR/FFED, THE "TERMS AND CONDITIONS" APPLICABLE TO THE TYPES OF SERVICES CUSTOMER OBTAINS FROM NUVOX (I.E., DOMESTIC LONG DISTANCE) AND THE NORTH CAROLINA TERMS AND CONDITIONS POSTED AT http://www.nuvox. corn /Legal/termsandconditions.htm: (111) FOR DATA AND INTERNET SERVICES, THE ACCEPTABLE USE POLICY" POSTED AT http://www. nuvox .com /LegaUacceptableUse.htm AND THE PRIVACYPOLICY ° POSTEDAT hgp://www. nuvox .com /LegaUprivacyPolicy.htm Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUV0X October 30, 2009: Rev. AA AND (V) IF CUSTOMER SUBSCRIBES TO ISDN -PRI SERVICES, THE - ISDN -PR/ TERMS AND CONDITIONS OF SERVICE" POSTED AT http //www nuvox com/ResourceCenter/LQgal /ISDN- PRI terms anq conditions pd IF CUSTOMER SUBSCRIBES TO NUVOX BUSINESS APPS, CUSTOMER WILL BE REQUIRED TO COMPLETE A CLICK - THROUGH AGREEMENT FOR THE - GOOGLE APPS PREMIER EDITION LICENSE" ( "GOOGLE LICENSE) POSTED AT http •//www nuvox com/ResourceCenter/Lecal/Google Apps License 02-06-09.p PRIOR TO USING THE RELEVANT GOOGLE APPS; THEREFORE, CUSTOMER REPRESENTS THAT AN EMPLOYEE WHO SIGNS THIS AGREEMENT AND /OR THE GOOGLE LICENSE HAS THE EXPRESS AUTHORITY TO LEGALLY BIND THE CUSTOMER AND EXECUTE AGREEMENTS ON ITS BEHALF AND CUSTOMER CONSENTS TO EXECUTE THE AGREEMENT AND COMMUNICATE WITH NUVOX BY ELECTRONIC TRANSMISSION. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES IS SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME In the event of any conflict between the provisions of this CSA and the Tariffs and /or the "Terms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and Conditions" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. 5. Rates and Charges: Changes: Billing Customer shall pay to NuVox charges for the Services and applicable equipment on a monthly basis, payable on receipt of the invoice notice, as set forth in the Proposal(s) ( "Monthly Recurring Charges" or "MRC ") or the applicable Tariff or, where a Tariff is not applicable, then as such charges may appear in NuVox's Terms and Conditions. In any given month during which Customer's actual usage at a location falls below the MMC for such location, Customer nonetheless shall pay the MMC. NUVOX RESERVES THE RIGHT TO INCREASE OR DECREASE MRCS ON AT LEAST THIRTY (30) DA YS NOTICE AND OTHER RATES AT ANY TIME. Billing at a location will begin upon the earlier of (i) the Installation Date (which may be the date administrative access to certain software -based Services is granted to Customer); or (ii) thirty (30) days after delivery of the applicable facility or equipment to the Customer premises (if the delay in connection of the facility and /or equipment is due to Customer or its agent). Customer shall pay all costs and expenses of collection of any amounts due from Customer hereunder, including reasonable attorney's fees. Upon request, Customer can choose a paper bill containing detailed usage and charges delivered via regular mail for a monthly charge (if applicable). 6. Disconnection of Current Services: Special Construction• Third Party Charges: NuVox- Provided Equipment Customer is solely responsible for disconnecting services with its current service provider. NuVox is not responsible for any charges assessed against Customer by such provider. Customer shall pay all charges if NuVox or a third party provider is required to extend the Demarcation Point or undertake special construction for Customer. Customer is responsible for all charges assessed by its phone system vendor and other third parties in connection with the installation of the Services. NuVox shall have no responsibility for maintenance or repair of same. Internet Services require properly configured peer -to -peer or client/server Ethernet network capable of connecting to a router at 10BaseT. Any equipment installed by NuVox on Customer's premises (such as the CSU /DSU, Channel Bank and router, if applicable) shall remain at all times the property of NuVox and shall remain in good condition, less normal wear and tear. NuVox shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse NuVox for the cost of any necessary repairs. Customer shall provide NuVox reasonable access to the equipment for purposes of repair, maintenance, removal or otherwise. If NuVox does not have access to Customer's premises within thirty (30) days after Customer terminates Services with NuVox, Customer shall reimburse NuVox for the full purchase price of the equipment as well as any attorney's fees and costs. 7. Disclaimer of Warranties • Limitation of Liability FOR PURPOSES OF THIS SECTION, " NUVOX" INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS AND /OR ANY ENTITY ON WHICH BEHALF NUVOX RESELLS SERVICES. NUVOX MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS AND ALL WARRANTIES ARE HEREBY DISCLAIMED. THE LIABILITY OF NUVOX FOR SERVICE ISSUES AND /OR INTERRUPTIONS OR IN JURISDICTIONS THAT PROHIBIT DISCLAIMERS SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IFANY, IN ACCORDANCE WITH NUVOX'S THEN - CURRENT CREDIT POLICY. IN NO EVENT SHALL NUVOX BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR ANY OTHER LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), WHETHER IN A CLAIM OR AN ACTION BASED ON BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONTRACT, STRICT LIABILITY OR ANY OTHER THEORY (COLLECTIVELY "CAUSES OF ACTION'), EVEN IF NUVOX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 8. Critical Lines Because many lines can cease operating during a power outage, Customer should have a NetPlus or copper line for elevator, alarm, E911 and other critical functions. 9. Entire CSA: Modification This CSA, incorporated documents (collectively, the "CSA ") and any other documents required by NuVox to provide the Services constitute the entire agreement between the parties and there are no other verbal statements, representations, or warranties not embodied herein. This CSA and all changes to its terms and conditions must be in writing and signed by a Manager or Director on behalf of NuVox. Hand - written or typed changes to the terms and conditions of this CSA are strictly prohibited and will not be binding on NuVox. This CSA shall in all respects be governed by and construed in accordance with the laws of Delaware, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. If any part of this CSA is unenforceable, the rights and obligations of the parties shall be construed as if a commercially reasonable provision had been substituted, consistent with law and the parties' undertakings. 10. International Unblocking If Customer has access to NuVox international calling, Customer is subject to NuVox's web - posted Terms and Conditions for International Telecommunications Services. Customer and not NuVox is responsible for securing its customer premises equipment and Customer shall be liable for all charges associated with the customer premises, calling card(s) and /or access numbers, regardless of whether such use (i) is authorized by Customer management, or (ii) involves fraudulent activity. Customer Initials PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NUVOX October 30, 2009: Rev. AA CUSTOMER AUTHORIZES NUVOX TO MONITOR AND RECORD ORAL COMMUNICATIONS WITH NUVOX PERSONNEL REGARDING CUSTOMER'S ACCOUNT OR THE SERVICES FOR THE PURPOSE OF SERVICE QUALITY ASSURANCE. CUSTOMER AGREES THAT NUVOX MAY SEND EMAIL MESSAGES CONCERNING PRODUCTS AND SERVICES. CUSTOMER NUVOX Signature: Signature: Printed Name: Printed Name: Title: Title Date: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Because Business is on the Line N U VD- 6 Important Information for Your Business Regarding E911 Service As a VoxlP customer, you are aware that your communications services with NuVox Communications are delivered using Voice over Internet Protocol (VoIP) technology. NuVox's gold standard 911 architecture differentiates NuVox from many consumer VoIP providers, and is one of the many reasons why NuVox's VoxIP product is an excellent fit for so many businesses. However, the Federal Communications Commission (FCC) requires all VoIP providers, including NuVox, to inform their customers of circumstances under which enhanced 911 (E911) service may not be available through the VoIP service or may be limited in some way in comparison to traditional E911 service. Under the FCC's rules, each customer must sign and return this form to acknowledge receipt and understanding of this advisory before service to the customer can be initiated. Differences Between Broadband E911 and Traditional E911 Services Circumstances under which E911 service through VoIP technology may not be available or may be limited in comparison to traditional E911 service include, but are not limited to: • Loss of Electrical Power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including E911 service. An uninterrupted power supply (UPS) can mitigate this issue and we urge you to provide a backup power supply to ensure continued operation of your equipment. • Broadband Connection Failure. Your broadband connection must be in place for you to contact E911. Please take all necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means for reaching emergency personnel. • Relocation of VoxIP Equipment. In order for E911 services to work properly with VoxIP, you must ensure that you advise NuVox of your current address for service, which is known as your "Registered Location," and ensure that your Registered Location does not contain any errors. If you wish to update your Registered Location, NuVox prefers that you do so by sending an email to 911 Onuvox.com however, if you do not have email access, please call 800 - 600 -5050. Otherwise, emergency personnel could be dispatched to an incorrect address. • Delays in Updating your Registered Location. Once you contact NuVox to update your Registered Location, a delay of 48 -72 hours may occur before your Registered Location reflects the updated information. During this time, emergency personnel could be dispatched to your previous Registered Location. Because you may not be able to access E911 emergency services under the circumstances described above you should (1) ensure that you have some alternate means of contacting 911 emergency services; and (2) inform anyone using your VoxIP service that they may have to use a NetPlus line, cellular phone or some alternate means to contact 911 emergency services. To assist you in this, NuVox has or will provide you with stickers describing the limitations on E911 availability, which you should place on or near the equipment used to access VoxIP. Acknowledgement I have received and understood this notice regarding NuVox's broadband E911 service and how it differs from traditional E911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I have received warning stickers explaining that E911 service may not be available, and I will place the stickers on or near the equipment I use to access NuVox's VoxIP Services. If I did not receive the stickers, I will contact NuVox's Customer Care team at 800 - 600 -5050. Signature: Title: Company Name: Date: PRIVATE /PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Nuve AUTHORIZATION TO USE CUSTOMER PROPRIETARY NETWORK INFORMATION ( "CPNI") In the course of providing service to your company, NuVox will obtain and possess certain usage - related information about the quantity and type of the communications services your company uses. This information is referred to as customer proprietary network information ( "CPNI "). As a practical matter, CPNI includes information such as the type of communications services that you purchase from NuVox (e.g., local service, long distance service, internet service), the features that you purchase (e.g., call waiting, caller ID), and your usage patterns. Under federal law, you have the right, and NuVox has the duty, to protect the confidentiality of your CPNI. We may use your CPNI to tailor our products and services to your needs and to enhance our ability to meet all of your communications needs by making you aware of products and services that we believe may be of interest. We also may share this information with ( "Dealer ") for the purpose of marketing /selling NuVox products and services to you, to enhance your current service with NuVox, and to ensure accurate Dealer compensation. Dealer will not use this information for the purpose of selling non- communications related products and services. By signing below, you consent to NuVox's use and sharing of CPNI for the purposes described herein and to the persons /entities identified above. You may contact NuVox at 1- 877 -331- 7077 at any time to deny use of your CPNI. You can visit our website at http: / /www.nuvox.com /Legal /CPNI /index.htm to review CPNI frequently asked questions. Your consent to use CPNI is valid until revoked and your decision will not affect the quality of service that NuVox provides to you. If you prefer, you may fax this form to 1- 866 - 273 -8192 or email the form to cpnioptin @nuvox.com. Customer Name: Account Number: Customer Signature: Date: NVC- 0010- 300 -06 NUVOX. Legal & Regulatory International Access Agreement June 14, 2007: Revision C Page 1 of 1 International Calling Access Agreement Attention Customer: Contact NuVox at 1- 800 - 600 -5050, Option 3 for processing As indicated below, Customer has requested that NuVox Communications ( "NuVox ") permit Customer access to International Calling service by removing the "blocking" that NuVox typically applies to this service. Customer agrees and acknowledges that Customer shall be liable for all charges associated with International Calling service dialed from the customer premises or through the use of Customer's NuVox account access and /or Calling Card codes, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature. Customer agrees that NuVox assumes no liability of any kind with respect to its providing access to International Calling service via connections from Customer premises and locations where Customer uses NuVox services. Customer shall indemnify, defend and hold harmless NuVox against any and all claims made by the third party provider of International Calling service. Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third party vendors of International Calling services could result in suspension or interruption of long distance and /or local services provided by NuVox. NuVox assumes no liability of any kind with respect to such potential service suspensions or interruptions. My initials in the space(s) below indicate that I authorize Nuvox Communications to remove the following: International Call Blocking (Initials) Customer Signature: Printed Name: Account Number: Date: Main telephone number: Contact Number: Ticket number: Company Name: Initial if block will be removed from all lines (If not, please specify from which numbers will have the block removed). PRIVATE/PROPRIETARY Contains Private and /or Proprietary Information. May not be used or disclosed outside NuVox Communications except pursuant to a written agreement. Fax to: 1- 864 - 335 -5506 QUOTE A - C3 p w c 0 M 00 O m m O C7 F Ef3 69 EA E� N 64 HT O O O O O O O O LO fn CO 00 00 00 M 00 W O U E9 64 69 69 69 U3 U'> p O O p O p p O p p Cl O O O CL (D (0 (C) (D C p p Z M 64 U4 to) o m m m m m m r A 0 h c c ��E96H � O u> uA jp N 0 0 0 0 O p 0 w '0 a , p p 0 0 O O O O �V 0 N N N N 01 c N N cr � 0 co M m M N 0) (0 a) N (L c2 — > ° a a maHFHF ON v N a) CO co ` c O ° LL H_ O O a D 0 0 0 M N c Q c 0% Cl Z O O (fl c» 6l� (» EA EA Od 64 (fl c F 0- Q E a T � N tE o o CD J 0 °oo °o °o oc (� O CO Y pO O m c ( ` 0 ( ( D ( ` D (`no c �D O � o 0 N N N N CO M_ n> (n N R (»(»v3(» yg N M 3 `° i»� E 0 ({� O O Q u m e a s > > N O n H H H H Q 3 CD (O � y Q N N Cl) O 0 N L ° C X r- r- r- 1- 8 X w h Io I` r 2 U u7 (O � U) y0, a O a � IL O N O (0 M -, p U) O d N Z LS (n (n (n O V .fl C ) U = a) a7 Q ~ > > Z . 6 (o o U) L Z (n N d y > ° o O 3 CD 0 c CV ?m 0 , w w M O - g ° Of m 2 a] �' m o o c mY OX.° C Q Q J y a » °'o ;L a n. w (n 0 Cy c M -° d Q �. - a) ° a a ' a ' ` - w - - ui H(nm0 ._ O O r`rn °� c O O ~~ E E ~ J M M m a J J Z Z (n (n zZ AT &T ILEC BellSouth@ Primary Rate ISDN aw Service Agreement Provided Pursuant to Custom Terms AL, GA, FL, KY, LA, MS, NC, SC, TN Customer "Customer" AT &T "AT &T" Village of Tequesta For purposes of this Service Agreement, AT &T means the Service 357 Tequesta Dr Provider specifically identified herein. Tequesta FL 33469 USA Customer Contact (for notices) AT &T Sales Contact Information and for Contract Notices E] Primary Sales Contact Name: Brad Gomberg Account Rep Name: First Last Title: Title: Telephone: 561 575 6200 Fax: Telephone: Fax: Email: E -mail: Street Address: _Address for notices, if different from above: City: State: Zip Code: Street Address With a cony to: City AT &T Corp. State Zip Code One AT &T Way, Bedminster, NJ 07921 -0752 USA Attn: Master Agreement Support Team E -mail: mast@att.com AT &T Authorized Agent or Representative Informat on (if applicable) ® Primary Sales Contact Name: Christine Maly Company Name: Universal Telecommunications Agent Street Address: 811 E Hilllsboro Blvd City: Deerfield Beach State: FL Zip Code: 33441 Telephone: 954 571 9900 Fax: 954 656 1368 Email: christinemaly @universal - tel.com Agent Code 2FN9RMU Customer agrees to purchase AT &T ILEC BellSouth@ Primary Rate ISDN ( "PRI °, "Service ") in the quantities and according to the prices and terms and conditions set forth in this Service Agreement ( "Agreement ") and in the applicable Tariffs and /or Guidebooks. In states where the state commission no longer requires a Tariff for this Service, Customer agrees to purchase the Service in the quantities and according to the prices and terms and conditions of this Agreement and AT &T's Business Service Agreement (BSA). If there is a conflict between this document and the Tariff, Guidebook or BSA, this document will take priority. The Parties acknowledge and agree that this Agreement represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the AT &T business services purchased by Customer, and, where required, that this Agreement will be filed with the state public utilities commission with competent jurisdiction over the service offering provided hereunder. Service is provided by the AT &T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider. References to "Agreement" refer to this Agreement and any attachment attached hereto, and incorporated by reference herein. This Agreement is effective on the date this Agreement is last signed, unless a later date is required by law or regulation, ( "Effective Date ") and shall remain in full force and effect for the Term of the Agreement as identified below. Customer (by its authorized representative) AT &T (by its authorized representative) B: B: Printed or Typed Printed or Typed Name: Name: Title: Title: Date: Date: For AT &T internal use onl Billing Telephone Number for Existing service, if applicable: SDA Code: Choose One: ❑ BIGE22 ❑ SEU10 AT &T and Customer Confidential Information SDA S Telco SEU_BE_PRI_SDA_Agreement_SE Page 1 of 6 03/12/10 gw8442/ccl381 AT &T ILEC BellSouth® Primary Rate ISDN a tt Service Agreement Provided Pursuant to Custom Terms AL, GA, FL, KY, LA, MS, NC, SC, TN ORDER TYPE: This Agreement is for (Select one of the following 3 options): ® New Install(s) only (Select this option if no current AT &T PRI Service exists at this location, or if adding AT &T PRI(s) with its own contract term.) ❑ Conversion from Month -to -Month to Term ❑ Renewal and/or Additional Service - This Agreement supersedes and replaces Customer's existing contract which expires approximately [Enter expiration date of preexisting contract]. No early termination charges shall apply if this Agreement is terminated for the following reason selected below: (For Renewal /Additional Service, select one of the following 2 options.) ❑ Current contract expires within 90 days after execution of this Agreement, and the term for the existing Service is being extended for the Term of this Agreement. ❑ Customer requests additional PRI Service within the same state as the Service Provider selected below, and the term for the existing service is being converted to the Term of this Agreement and the following criteria are met: (i) the term remaining for existing service is equal to or less than the Term of this Agreement, (ii) the quantity of Service in this Agreement will be greater than the existing contract, and (iii) each Service Component rate in this Agreement is equal to or greater than each rate for the same service components of the existing Services. SERVICE PROVIDER AND TARIFF, PRICE LIST, OR GUIDEBOOK REFERENCE: (Select one option, only. To purchase Service(s) from more than one Provider /State, complete additional order form(s).) ❑ BellSouth Telecommunications, Inc. d /b /a AT &T Alabama - General Exchange Price List ® BellSouth Telecommunications, Inc. d /b /a AT &T Florida - General Subscriber Service Tariff ❑ BellSouth Telecommunications, Inc. d /b /a AT &T Georgia - General Exchange Price List ❑ BellSouth Telecommunications, Inc. d /b /a AT &T Kentucky - General Exchange Price List ❑ BellSouth Telecommunications, Inc. d /b /a AT &T Louisiana - General Exchange Price List ❑ BellSouth Telecommunications, Inc. d /b /a AT &T Mississippi - General Exchange Price List ❑ BellSouth Telecommunications, Inc. d /b /a AT &T North Carolina - General Exchange Price List ❑ BellSouth Telecommunications, Inc. d /b /a AT &T South Carolina - General Exchange Price List ❑ BellSouth Telecommunications, Inc. d /b /a AT &T Tennessee - General Subscriber Services Exempt Price List ORDER INFORMATION: I. Service: BellSouth® Primary Rate ISDN - Voice/Data Standard Service ( "Service") II. Service Term ( "Term" or "Minimum Payment Period ") (Check only one and Select the Term): ® For AT &T BIGE22 program Term 36 Months ❑ For AT &T SEU10 program Term Select Requested installation date(s) for all new Service(s) purchased under this Agreement shall be no later than 90 days after the Effective Date of this Agreement, unless Customer is an E -Rate Applicant for the Services or AT &T causes delay. III. Existing Circuit ID(s) ", if applicable: # (If multiple circuits exist, indicate "multiple" above and attach on a separate page.) IV. Requested Installation Date: V. Service Components, Quantities and Rates: In the event that any extended or total amounts conflict with any per -unit rates in the tables below, the per -unit rates shall control. Services provided pursuant to terms and conditions of this Agreement, unless otherwise indicated: Service Component / USOC Quantity Unit Monthly Extended Monthly Non - recurring Recurring Recurring Charge Charge (NRC) Charge (MRC) (Quantity X MRC) PRI Interface / PR71V 1 $100.00 $100.00 $0.00 Access Line / 1 LD1 E 1 $222.00 $222.00 $0.00 B- Channels / PR7BV 23" $6.00 $138.00 $0.00 PRI Calling Name Delivery Feature 1 $10.00 $10.00 $0.00 AT &T and Customer Confidential Information SDA S Telco SEU_BE_PRI_SDA_Agreement_SE Page 2 of 6 03/12/10 gw84421cc1381 AT &T ILEC BellSouth® Primary Rate ISDN e &t Service Agreement Provided Pursuant to Custom Terms AL, GA, FL, KY, LA, MS, NC, SC, TN Service Component / USOC Quantity Unit Monthly Extended Monthly Non- recurring Recurring Recurring Charge Charge (NRC) Charge (MRC) (Quantity X MRC) ( "Calling Name ID ") / PR7CN Per Telephone Number — DID ( per 300 $0.10 $30.00 $0.00 "TN") *' / PR7TF (North Carolina PR7TG) Interoffice Channel (if applicable) each channel, each airline mile or fraction thereof monthly rate / 1 LN1 B 0 Select one $0.00 $0.00 Interoffice Channel (if applicable) each channel, fixed monthly rate / 1 LN 1 A 0 $0.00 $0.00 $0.00 Total Charges for PRI Interface, Access Line, B- Channels, PRI Calling Name Delivery Feature, DID Telephone Numbers, and Interoffice Channel charges: $500.00 $0.00 " Minimum B- Channel / PR7BV quantity is either 16 for BIGE22 program and 23 for SEU10 program. .. DID Numbers are not subject to termination for convenience charges identified in this Agreement. Additional optional features are available per Tariff /Price Lists rates, terms and conditions. Vl. Service Location Address(es) and Circuit Quantity: In accordance with the terms and conditions of this Agreement and the applicable Tariff or Guidebook, AT &T shall furnish and Customer shall subscribe to and pay for Service provided to Customer at the following locations in the State of Florida. Quantity of Service Location — Street address City Circuits per location Location 1 1 357 Tequesta Drive [ Tequesta Location 2 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 3 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 4 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 5 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 6 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 7 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 8 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 9 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable Location 10 0 If Quantity of "0" is shown to the left, Not Applicable Not Applicable (If additional locations are included, please attach on a separate page and include information requested above.) VII. Additional Terms and Conditions: The terms and conditions for Service set forth in this Agreement are in addition to those contained in the applicable Tariff(s) or Guidebook and BSA. A. Definitions "Service Component" means an individual component of a Service provided under this Agreement. AT &T and Customer Confidential Information SDA S Telco SEU_BE_PRI_SDA_Agreement_SE Page 3 of 6 03/12/10 gw8442/cc1381 AT &T ILEC BellSouth® Primary Rate ISDN C t Service Agreement Provided Pursuant to Custom Terms AL, GA, FL, KY, LA, MS, NC, SC, TN Tariffs, Price Lists, Guidebooks and AT &T Business Service Agreement (BSA). "Tariffs" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that AT &T files with regulatory commissions. "AT &T Business Service Agreement ", "Guidebooks" and "Price Lists" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that were, but no longer are, filed with regulatory commissions. Any Price List will be referred to herein as a Guidebook. In some states, the "AT &T Guidebook" and "AT &T Business Service Agreement" constitutes the "Guidebook" applicable to the Service(s) and the AT &T Business Service Agreement and AT &T Guidebook shall be treated as a "Guidebook" for purposes of this Agreement. Tariffs, Price Lists, Guidebooks and the BSA can be found at hftp: / /www.aft.com /servicepublications or other locations AT &T may designate. B. Description of Service. The Services described below are available only where provided solely by the AT &T entity identified above and are not jointly provided with any other carrier. Service(s) are provided pursuant to the terms and conditions set forth in the appropriate Tariff, Guidebook, or BSA. 1. BellSouth® Primary Rate ISDN - Voice /Data Standard Service. 1.1 Primary Rate ISDN ( "PRI ") is a digital business service that provides PBX equipment and host computer access to a wide variety of switched services. The circuit location must be at a valid customer premises address. A Customer premises address may not be a location at a carrier hotel or a co- location cage within an AT &T central office (CO). Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI) Service provides a multi- purpose high speed, multiplexed digital interface based on International Telecommunication Union (ITU) ISDN standards. PRI Service uses Primary Rate Interface (PRI) technology. Service is provided where facilities are available from Customer's premises to AT &T's CO via 1.544 Megabits per second (Mbps) DS1 transport facility circuit. This circuit provides circuit- switched voice and circuit- switched data services via central office (CO) termination. The CO termination connects by way of 23 64Kbps "B" channels and one 64Kbps "D" channel. The "D" channel performs out -of -band signaling and controls the "B" channels. The transmission characteristics of this Service support 64Kbps clear channel capability and Extended Superframe Format (ESF). 1.2 ISDN PRI Calling Name Delivery Feature. (Optional) Allows the name of the calling party to be delivered to the called party. 1.3 Telephone Numbers - Direct Inward Dialing, DID Service — ( "DID Numbers "). (Optional) is furnished subject to the availability of telephone numbers. Direct Inward Dialing telephone numbers are normally provided on a consecutive number basis. AT &T retains its rights to the administration and use of telephone numbers as described in the applicable General Exchange Tariff or Guidebook in sections pertaining to general rules and regulations. DID Numbers must be provided on all lines in an exchange access line group arranged for inward service. 1.4 Use of Service. Customer agrees that the Service will only be used to transport the voice and /or data traffic of Customer and its Affiliates, and not to originate or terminate voice and /or data traffic to bypass switched access charges as defined by applicable state and federal telecommunications law. Customer understands that this covenant is an essential part of the undertaking by AT &T herein, and that AT &T is relying upon Customer's covenant as an inducement to sell the Service. Customer agrees to compensate AT &T for any switched access charges that AT &T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT &T shall not be capped or limited. As used herein the term Switched Access, generally speaking, means the charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. 2. Telephone Numbers - Direct Inward Dialing, DID Service — ( "DID numbers" or "Service ") (Optional) is furnished subject to the availability of telephone numbers. Direct Inward Dialing telephone numbers are normally provided on a consecutive number basis. AT &T retains its rights to the administration and use of telephone numbers as described in the applicable General Exchange Tariff or Guidebook in sections pertaining to general rules and regulations. DID numbers must be provided on all lines in an exchange access line group arranged for inward service. C. Term. For the Service(s) offered under this Agreement, the Term for all Services: (a) shall begin ( "Term Start Date ") on the later of: (1) if this Agreement is for "New Install(s) only" as selected above, on the date when the first Service is installed and available for use, or (2) if this Agreement is for "Conversion from Month -to -Month to Term" or "Renewal and /or Additional Service" as selected above, the last date on which this Agreement is signed by a party as indicated in the signature block above, or (3) the date of approval of this Agreement by an appropriate regulatory body, if regulatory approval is required for this Agreement for the Service(s); and (b) will continue for the Term as selected by Customer above. No rates or discounts shall be applied prior to the Term Start Date. AT &T and Customer Confidential Information SDA S Telco SEU_BE_PRI_SDA_Agreement_SE Page 4 of 6 03/12/10 gw8442/ccl381 AT&T ILEC BellSouth® Primary Rate ISDN e &t Service Agreement Provided Pursuant to Custom Terms AL, GA, FL, KY, LA, MS, NC, SC, TN For any Service provided under this Agreement, at the end of the Term, Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT &T to terminate the Service); or (b) continue using the Service under a month -to -month service arrangement. Unless otherwise agreed by the parties in writing, during the month -to -month extension period following the expiration of this Agreement, the prices for the Service provided under this Agreement will be the then - current month -to -month rates set forth in the applicable Tariff or Guidebook. Upon the expiration of the Term, no rates or discounts provided under this Agreement will apply to such Service. After expiration of the Term of this Agreement, AT &T may modify rates, terms and conditions applicable to the Service(s) on thirty days' notice. This Agreement will expire when Service(s) or Service Component(s) are no longer provided under this Agreement. D. Pricing. The prices listed in this Agreement are stabilized until the end of the Term of this Agreement, and apply in lieu of the corresponding rates and charges set forth in the applicable Tariff or Guidebook. Except as otherwise provided herein, no other discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply. Prices in this Agreement are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the Services. E. Billina and Payments Customer will pay AT &T the Monthly Charges and Non - recurring Charges set forth herein. Customer's obligation to pay for Services will begin when such Service is provisioned or otherwise available for Customer's use under the terms and conditions of this Agreement. AT &T will invoice Customer for the Services on a monthly basis. AT &T may require Customer to tender a deposit if AT &T determines, in its reasonable judgment, that Customer is not creditworthy. Payment is due within 30 days after the date of the invoice and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT &T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorney's fees. AT &T may charge late payment fees as specified in the applicable Tariff, Guidebook or BSA, at the rate specified therein. F. Termination for Convenience. The following termination provisions are only applicable to Services provided pursuant to this Agreement. 1. If Customer cancels this Agreement prior to the Term Start Date, Customer will reimburse AT &T for time and materials incurred prior to the effective date of cancellation, plus any third -party charges resulting from the cancellation. 2 If Service(s) are terminated, in whole or in part, by Customer for any reason other than default by AT &T or by AT &T for Customer's default, on or after the Term Start Date but before the scheduled expiration of the Term, Customer shall pay a termination liability of an amount equal to (a) all unpaid non - recurring charges (excluding non - recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50 %) of the recurring monthly charges rate for the terminated Service(s) as set forth in this Agreement, multiplied by the number of months remaining in the term for the applicable Service at the point of termination, and (c) any special construction liabilities. These charges shall become due and immediately payable upon termination. G. Subsequent DID Numbers, Calling Name ID and /or Caller ID . DID Numbers, Calling Name ID and /or Caller ID Services (for the associated ISDN PRI Service(s)) may be added after the Term Start Date under the terms of this Agreement if the installation date is more than 90 days before the end of the Term. H. Moves and Changes For all moves and changes of any Service provided hereunder, Customer will pay the prevailing Tariff or Guidebook rates and charges. I. Tariff and Reaulations This Agreement may be subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction. If approval by such commission is required and not obtained, then this Agreement will immediately terminate, and Customer shall receive a refund of any non- recurring charge paid and pre -paid amounts for Service not received. AT &T will, subject to the availability and operational limitations of systems, facilities and equipment, provide the Service pursuant to the terms and conditions in the Tariff or Guidebook. . J. Publicity and Trademarks Neither party may issue any public statements or announcements relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party. Each party agrees not to display or AT&T and Customer Confidential Information SDA S Telco SEU_BE_PRI_SDA_Agreement_SE Page 5 of 6 03/12/10 gw8442/cc1381 AT &T ILEC BellSouth® Primary Rate ISDN e t4 Service Agreement Provided Pursuant to Custom Terms AL, GA, FL, KY, LA, MS, NC, SC, TN use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time by notice. K. Governing Law. This Agreement and any claims arising hereunder or related hereto, whether in contract or tort, shall be governed by the domestic laws of the State in which the Services are provided. L. Severability. If any portion of this Agreement is found to be invalid or unenforceable, or if, notwithstanding Section K (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. M. Amendments and Waivers Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either parry of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. N. Notices. All notices required under this Agreement will be delivered in writing to the recipient's contact designated on the first page of this Agreement, or to such other contact as designated in writing from time to time. Notices shall be by internationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt or when delivery is refused, whichever occurs sooner. O. Confidentiality. This Agreement and any pricing or other proposals are confidential to Customer and AT &T. Neither party may publicly disclose any confidential information without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT &T designates a dedicated account representative as Customer's primary contact with AT &T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. P. South Carolina Terms and Conditions. To the extent this Agreement relates to Services provided in SOUTH CAROLINA, THIS AGREEMENT IS SUBJECT TO ARBITRATION IN ACCORDANCE WITH THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, SECTION 15 -48 -10 ET. SEQ. and the Federal Arbitration Act. Customer can review AT &T's terms incorporated by reference on its website or request a copy by calling AT &T toll free at 1- 866 - 663 -7522 (contact your local Relay Center at 711 for hearing /speech impaired disabilities). These terms can be faxed or e- mailed to Customer upon request. In addition, copies are available during normal business hours at AT &T Small Business Services, 1057 Lenox Park Blvd., Suite 300, Atlanta, Georgia 30319, ATTN: Contract Manager. Q. Entire Agreement. This Agreement and the applicable Tariff(s) or Guidebook and BSA constitute the entire agreement between the parties with respect to the Services provided under this Agreement, and supersedes all other agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. End of Document AT &T and Customer Confidential Information SDA S Telco SEU_BE_PRI_SDA Agreement_SE Page 6 of 6 03112/10 gw8442/cc1381 Page 1 of 4 Print Fax.... Email.... AT &T Small Business Quote' Prepared for: Prepared by: 357 Tequesta Dr, Tequesta FL 33469 Date: 4/30/2010 Name of Person Authorizing Service: Judi Mitchell Thank you for your recent inquiry concerning AT &T Small Business services. This document represents a best estimate quote only, and is not legally binding as an offer that can be accepted. Before an offer can be made, AT &T must send to you the terms and conditions set forth in an agreement, which must be signed by you and accepted by AT &T. Per our discussion, here is the quote you requested confirming our recommendation. * This quote contains recommendations for: v Local Service Long Distance Internet Access 'AT &T@ Wireless Total Summary Rebate Estimated Billed One Time Estimated Billed Monthly Charges w /Savings* Charges w /Savings* Total Price for Quoted Regulated & Non - Regulated $289.12 Services Rebate includes all rewards and coupons that will be sent directly to the customer. All rewards and savings that will appear on customer bills are shown in the One -Time or Monthly Charges. Please refer to Plan and Promotion Information for details of special offers. AT &T Proprietary: The information contained In this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on Information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. https: / /quickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 2 of 4 Estimated Estimated Billed Billed Charges � Charges Original Cosl . .. One Time Monthly Total Customer Cost Local Service by AT &T Complete Choice For Business 6 Line $254.00 Package CC8 - 36 Month - Term Discount - $63.50 Business Line Backup Line Charge for Service Connected - First Line 1 $62.00 Local Term Connection Waiver - - $62.00 Charge for Service Connected - Additional Line(s) 5 $60.25 Local Term Connection Waiver - - $60.25 (Local Service by AT &T) SUB TOTAL $190.50 Features and Optional Services Remote Call Forwarding CCB pkg VoiceMail Non CCB Maintenance CCB Maintenance Hunting /Rollover Service (Features and Optional Services) SUB TOTAL AT &T Long Distance Customer has selected AT &T@ Long Distance. See below for details. Customer has selected another carrier. Contact your long distance carrier for their rates and plans. Customer has not decided on a long distance carrier. Domestic Unlimited Pkg Business Unlimited Flex Call Detail Business Per Minute / Pkg Minute Plans Package $52.00 Minutes 1000 Package Minutes - MRC Discount Promo 1000 -10000 - 15% discount off the eligible plan's MRC on the first 13 billing periods International Business Easy Toll Free Business Toll Free Features Account Codes (AT &T Long Distance) SUB TOTAL $52.00 Fast Access Speed Anti -Virus Firewall Anti - Spyware (FastAc SUB TOTAL Broadband Bolt -Ons AT &T Web Hosting 12 Month Term AT &T Web Hosting Business Email https:H quickquote. bellsouth.com /WebAppV2 /QuoteN_3 /Forms /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 3 of 4 Domain Registration (OTC includes $8.95 /year) Domain Parking (OTC includes $8.95 /year + $7 setup) Tech Support 360 - Monthly Service Plans Tech Support 360 - Per Minute Bundles Tech Support 360 - One Time Services (Broadband Bolt -Ons) SUB TOTAL Wireless GSM Nation Plan GSM Family Talk /Shared Nation -Incl 2 Lines AT &T Unity Plan AT &T Unity Family Talk/Shared Plan - Inc] 2 Lines Rate Plans Voice Data National— BlackBerry Only Rate Plans Voice Data Shared Plan - BlackBerry-Incl 2 Lines AT &T Unity BlackBerry Plan (voice only) AT &T Unity Share Plan -Incl 2 Lines (voice only) AT &T DataConnect Plan (w /card) (Wireless) SUB TOTAL Mandatory Charges FCC Authorized Charge for Network Access 6 $41.16 Telecommunications Relay Service 6 FCC Local Number Portability Line Charge - Line 6 Federal Universal Service Charge 6 $5.46 Other federal or state charges, taxes as well as usage charges are not included. (Mandatory Charges) SUB TOTAL $46.62 Other Charges and Credits (Other Charges and Credits) SUB TOTAL Original Cost �— Total Customer - - -�— AT&T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Plan and Promotion Information: Local Term Connection Waiver CCB Available to AT &T business customers without current volume and term contracts, other term agreements or CSAs unless otherwise noted. Discount requires customer to subscribe to the Complete Choice for Business package(s) and either a 12, 24 or 36 -month term election agreement. Charges may apply for early termination; other restrictions may apply. Package Minutes - MRC Discount Promo 1000 -10000 https:Hquickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 4 of 4 Offer ends 04/30/10. Available to business customers who newly subscribe to a Business Package Minutes plan of 1000 minutes or greater. Eligible customers will receive a credit equal to 15% of their billed Business Package Minutes plan's monthly recurring charge for each of their first thirteen billing periods starting with the first partial bill period following date of subscription to the plan. Offer not available with any of the AT &T Long Distance Service Business Integrated Solutions Package of Minutes plans. Taxes, fees and other charges, including Universal Service Fund, apply. Other terms and conditions apply. See www.att.com /servicepublications for details. Long distance services are provided by AT &T Long Distance Service. Available to AT &T local service customers in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Private /Proprietary: No disclosure outside AT &T except by written agreement. https:Hquickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_ToolV3.aspx 4/30/2010 Page 1 of 4 Print Eax Email AT &T Small Business Quote aw Prepared for: Prepared by: 136 Bridge Rd, Tequesta FL 33469 Date: 4/30/2010 Name of Person Authorizing Service: Judi Mitchell Thank you for your recent inquiry concerning AT &T Small Business services. This document represents a best estimate quote only, and is not legally binding as an offer that can be accepted. Before an offer can be made, AT &T must send to you the terms and conditions set forth in an agreement, which must be signed by you and accepted by AT &T. Per our discussion, here is the quote you requested confirming our recommendation. * This quote contains recommendations for: V Local Service !Long Distance Internet Access AT &T® Wireless Total Summary Rebate Estimated Billed One Time Estimated Billed Monthly Charges w /Savings* Charges w /Savings* Total Price for Quoted Regulated & Non - Regulated $289.12 Services Rebate includes all rewards and coupons that will be sent directly to the customer. All rewards and savings that will appear on customer bills are shown in the One -Time or Monthly Charges. Please refer to Plan and Promotion Information for details of special offers. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth In AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. https:Hquickquote. bellsouth .com /WebAppV2 /QuoteN_3/Fonns /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 2 of 4 MM E Estimated Billed Billed One Time i i Monthly Charges Charges . Local Service by AT &T Complete Choice For Business 6 Line $254.00 Package CC8 - 36 Month - Term Discount - $63.50 Business Line Backup Line Charge for Service Connected - First Line 1 $62.00 Local Term Connection Waiver - - $62.00 Charge for Service Connected - Additional Line(s) 5 $60.25 Local Term Connection Waiver - - 560.25 (Local Service by AT &T) SUB TOTAL $190.50 Features and Optional Services Remote Call Forwarding CCB pkg VoiceMail Non CCB Maintenance CCB Maintenance Hunting /Rollover Service (Features and Optional Services) SUB TOTAL AT &T Long Distance Customer has selected AT &T@ Long Distance. See below for details. Customer has selected another carrier. Contact your long distance carrier for their rates and plans. Customer has not decided on a long distance carrier. Domestic Unlimited Pkg Business Unlimited Flex Call Detail Business Per Minute / Pkg Minute Plans Package $52.00 Minutes 1000 Package Minutes - MRC Discount Promo 1000 -10000 - 15% discount off the eligible plan's MRC on the first 13 billing periods International Business Easy Toll Free Business Toll Free Features Account Codes (AT &T Long Distance) SUB TOTAL $52.00 FastAccess Speed Anti -Virus Firewall Anti - Spyware (FastAccess.) SUB TOTAL Broadband Bolt -Ons AT &T Web Hosting 12 Month Term AT &T Web Hosting Business Email https:Hquickquote .bellsouth.com /WebAppV2 /Quote /V_3 /Forms /Quotes /Quote_TooIV3.aspx 4/30/2010 Page 3 of 4 Domain Registration (OTC includes $8.95 /year) Domain Parking (OTC includes $8.95 /year + $7 setup) Tech Support 360 - Monthly Service Plans Tech Support 360 - Per Minute Bundles Tech Support 360 - One Time Services (Broadband Bolt -Ons) SUB TOTAL Wireless GSM Nation Plan GSM Family Talk /Shared Nation -Incl 2 Lines AT &T Unity Plan AT &T Unity Family Talk/Shared Plan - Incl 2 Lines Rate Plans Voice Data National -- BlackBerry Only Rate Plans Voice Data Shared Plan- BlackBerry -Incl 2 Lines AT &T Unity BlackBerry Plan (voice only) AT &T Unity Share Plan -Incl 2 Lines (voice only) AT &T DataConnect Plan (w /card) (Wireless) SUB TOTAL Mandatory Charges FCC Authorized Charge for Network Access 6 $41.16 Telecommunications Relay Service 6 FCC Local Number Portability Line Charge - Line 6 Federal Universal Service Charge 6 $5.46 Other federal or state charges, taxes as well as usage charges are not included. (Mandatory Charges) SUB TOTAL $46.62 Other Charges and Credits (Other Charges and Credits) SUB TOTAL ---- 0riginal Cost - -��- a 1 , Total Customer Cost - - -�- AT&T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Plan and Promotion Information: Local Term Connection Waiver CCB Available to AT &T business customers without current volume and term contracts, other term agreements or CSAs unless otherwise noted. Discount requires customer to subscribe to the Complete Choice for Business package(s) and either a 12, 24 or 36 -month term election agreement. Charges may apply for early termination; other restrictions may apply. Package Minutes - MRC Discount Promo 1000 -10000 https:H quickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_TooIV3.aspx 4/30/2010 Page 4 of 4 Offer ends 04/30/10. Available to business customers who newly subscribe to a Business Package Minutes plan of 1000 minutes or greater. Eligible customers will receive a credit equal to 15% of their billed Business Package Minutes plan's monthly recurring charge for each of their first thirteen billing periods starting with the first partial bill period following date of subscription to the plan. Offer not available with any of the AT &T Long Distance Service Business Integrated Solutions Package of Minutes plans. Taxes, fees and other charges, including Universal Service Fund, apply. Other terms and conditions apply. See www.att.com /servicepublications for details. Long distance services are provided by AT &T Long Distance Service. Available to AT &T local service customers in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Private/ Proprietary: No disclosure outside AT &T except by written agreement. https: / /quickquote. bellsouth .com /WebAppV2 /QuoteN /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 1 of 4 Print Fax Emal AT &T Small Business Quote aw Prepared for: Prepared by: 399 Seabrook Rd, Tequesta FL 33469 Date: 4/30/2010 Name of Person Authorizing Service: Judi Mitchell Thank you for your recent inquiry concerning AT &T Small Business services. This document represents a best estimate quote only, and is not legally binding as an offer that can be accepted. Before an offer can be made, AT &T must send to you the terms and conditions set forth in an agreement, which must be signed by you and accepted by AT &T. Per our discussion, here is the quote you requested confirming our recommendation. * This quote contains recommendations for: Local Service Long Distance Internet Access AT &T@ Wireless Total Summary Rebate Estimated Billed One Time Estimated Billed Monthly Charges w /Savings* Charges w /Savings* Total Price for Quoted Regulated & Non - Regulated $289.12 Services Rebate includes all rewards and coupons that will be sent directly to the customer. All rewards and savings that will appear on customer bills are shown in the One -Time or Monthly Charges. Please refer to Plan and Promotion Information for details of special offers. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. https:Hquickquote. bellsouth .com /WebAppV2 /QuoteN_3/Forms /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 2 of 4 ON -_ _ Estimated Estimated O ne � Charges Charges Rate per minute Original Cost Local Service by AT &T Complete Choice For Business 6 Line $254.00 Package CCB - 36 Month - Term Discount $63.50 Business Line Backup Line Charge for Service Connected - First Line 1 $62.00 Local Term Connection Waiver - 0c Charge for Service Connected - Additional Line(s) 5 $60.25 Local Term Connection Waiver - (Local Service by AT &T) SUB TOTAL $190.50 Features and Optional Services Remote Call Forwarding CCB pkg VoiceMail Non CCB Maintenance CCB Maintenance Hunting /Rollover Service (Features and Optional Services) SUB TOTAL AT &T Long Distance Customer has selected AT &T@ Long Distance. See below for details. Customer has selected another carrier. Contact your long distance carrier for their rates and plans. Customer has not decided on a long distance carrier. Domestic Unlimited Pkg Business Unlimited Flex Call Detail Business Per Minute / Pkg Minute Plans Package $52.00 Minutes 1000 Package Minutes - MRC Discount Promo 1000 -10000 - 15% discount off the eligible plan's MRC on the first 13 billing periods International Business Easy Toll Free Business Toll Free Features Account Codes (AT &T Long Distance) SUB TOTAL $52.00 FastAccess Speed Anti - Virus Firewall Anti - Spyware ( FastACCes s) SUB TOTAL Broadband Bolt -Ons AT &T Web Hosting 12 Month Term AT &T Web Hosting Business Email https:Hquickquote. bellsouth .com /WebAppV2 /QuoteN_3/Fonns /Quotes /Quote_TooIV3.aspx 4/30/2010 Page 3 of 4 Domain Registration (OTC includes $8.95 /year) Domain Parking (OTC includes $8.95 /year + $7 setup) Tech Support 360 - Monthly Service Plans Tech Support 360 - Per Minute Bundles Tech Support 360 - One Time Services (Broadband Bolt -Ons) SUB TOTAL Wireless GSM Nation Plan GSM Family Talk /Shared Nation -Incl 2 Lines AT &T Unity Plan AT &T Unity Family Talk/Shared Plan - Incl 2 Lines Rate Plans Voice Data National— BlackBerry Only Rate Plans Voice Data Shared Plan - BlackBerry -Incl 2 Lines AT &T Unity BlackBerry Plan (voice only) AT &T Unity Share Plan -Incl 2 Lines (voice only) AT &T DataConnect Plan (w /card) (Wireless) SUB TOTAL Mandatory Charges FCC Authorized Charge for Network Access 6 $41.16 Telecommunications Relay Service 6 FCC Local Number Portability Line Charge - Line 6 Federal Universal Service Charge 6 $5.46 Other federal or state charges, taxes as well as usage charges are not included. (Mandatory Charges) SUB TOTAL $46.62 Other Charges and Credits (Other Charges and Credits) SUB TOTAL Original Cost —_��— Total Customer - - -�— AT&T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Plan and Promotion Information: Local Term Connection Waiver CCB Available to AT &T business customers without current volume and term contracts, other term agreements or CSAs unless otherwise noted. Discount requires customer to subscribe to the Complete Choice for Business package(s) and either a 12, 24 or 36 -month term election agreement. Charges may apply for early termination; other restrictions may apply. Package Minutes - MRC Discount Promo 1000 -10000 https:Hquickquote. bellsouth .com /WebAppV2 /QuoteN_3/Forms /Quotes /Quote_TooIV3.aspx 4/30/2010 Page 4 of 4 Offer ends 04/30/10. Available to business customers who newly subscribe to a Business Package Minutes plan of 1000 minutes or greater. Eligible customers will receive a credit equal to 15% of their billed Business Package Minutes plan's monthly recurring charge for each of their first thirteen billing periods starting with the first partial bill period following date of subscription to the plan. Offer not available with any of the AT &T Long Distance Service Business Integrated Solutions Package of Minutes plans. Taxes, fees and other charges, including Universal Service Fund, apply. Other terms and conditions apply. See www.att.com /servicepublications for details. Long distance services are provided by AT &T Long Distance Service. Available to AT &T local service customers in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List If applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Private/ Proprietary: No disclosure outside AT &T except by written agreement. https: // quickquote .bellsouth.com /WebAppV2 /Quote/- 3/Forms /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 1 of 4 Print Fax Email AT &T Small Business Quote aw Prepared for: Prepared by: 901 N Dixie Hwy, Tequesta FL 33469. Date: 4/30/2010 Name of Person Authorizing Service: Judi Mitchell Thank you for your recent inquiry concerning AT &T Small Business services. This document represents a best estimate quote only, and is not legally binding as an offer that can be accepted. Before an offer can be made, AT &T must send to you the terms and conditions set forth in an agreement, which must be signed by you and accepted by AT &T. Per our discussion, here is the quote you requested confirming our recommendation. * This quote contains recommendations for: v Local Service V Long Distance Internet Access AT &T® Wireless Total Summary Rebate Estimated Billed One Time Estimated Billed Monthly Charges w /Savings* Charges w /Savings* Total Price for Quoted Regulated & Non - Regulated $289.12 Services Rebate includes all rewards and coupons that will be sent directly to the customer. All rewards and savings that will appear on customer bills are shown in the One -Time or Monthly Charges. Please refer to Plan and Promotion Information for details of special offers. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement If applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. https: / /quickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_Too1V3.aspx 4/30/2010 Page 2 of 4 Estimated Estimated _11111171�1111 Billed Billed One Time Monthly FRON Charges Charges Rate Minute Original Cos Total Customer Saving -_� -- Local Service by AT &T Complete Choice For Business 6 Line $254.00 Package CCB - 36 Month - Term Discount - .$63.50 Business Line Backup Line Charge for Service Connected - First Line 1 $62.00 Local Term Connection Waiver - - $62.06 Charge for Service Connected - Additional Line(s) 5 $60.25 Local Term Connection Waiver - (Local Service by AT &T) SUB TOTAL $190.50 Features and Optional Services Remote Call Forwarding CCB pkg VoiceMail Non CCB Maintenance CCB Maintenance Hunting /Rollover Service (Features and Optional Services) SUB TOTAL AT &T Long Distance Customer has selected AT &T@ Long Distance. See below for details. Customer has selected another carrier. Contact your long distance carrier for their rates and plans. Customer has not decided on a long distance carrier. Domestic Unlimited Pkg Business Unlimited Flex Call Detail Business Per Minute / Pkg Minute Plans Package $52.00 Minutes 1000 Package Minutes - MRC Discount Promo 1000 -10000 - 15% discount off the eligible plan's MRC on the first 13 billing periods International Business Easy Toll Free Business Toll Free Features Account Codes (AT &T Long Distance) SUB TOTAL $52.00 FastAccess Speed Anti -Virus Firewall Anti - Spyware (FastAece ») SUB TOTAL Broadband Bolt -Ons AT &T Web Hosting 12 Month Term AT &T Web Hosting Business Email https: / /quickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_TooIV3.aspx 4/30/2010 Page 3 of 4 Domain Registration (OTC includes $8.95 /year) Domain Parking (OTC includes $8.95 /year + $7 setup) Tech Support 360 - Monthly Service Plans Tech Support 360 - Per Minute Bundles Tech Support 360 - One Time Services (Broadband Bolt -Ons) SUB TOTAL Wireless GSM Nation Plan GSM Family Talk /Shared Nation -Incl 2 Lines AT &T Unity Plan AT &T Unity Family Talk/Shared Plan - Incl 2 Lines Rate Plans Voice Data National— BlackBerry Only Rate Plans Voice Data Shared Plan - BlackBerry-Incl 2 Lines AT &T Unity BlackBerry Plan (voice only) AT &T Unity Share Plan -Incl 2 Lines (voice only) AT &T DataConnect Plan (w /card) (Wireless) SUB TOTAL Mandatory Charges FCC Authorized Charge for Network Access 6 $41.16 Telecommunications Relay Service 6 FCC Local Number Portability Line Charge - Line 6 Federal Universal Service Charge 6 $5.46 Other federal or state charges, taxes as well as usage charges are not included. (Mandatory Charges) SUB TOTAL $46.62 Other Charges and Credits (Other Charges and Credits) SUB TOTAL Original —_��— .; AT&T Proprietary: Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Plan and Promotion Information: Local Term Connection Waiver CCB Available to AT &T business customers without current volume and term contracts, other term agreements or CSAs unless otherwise noted. Discount requires customer to subscribe to the Complete Choice for Business package(s) and either a 12, 24 or 36 -month term election agreement. Charges may apply for early termination; other restrictions may apply. Package Minutes - MRC Discount Promo 1000 -10000 https: / /quickquote. bellsouth .com /WebAppV2 /Quote/V_3 /Forms /Quotes /Quote_TooIV3.aspx 4/30/2010 Page 4 of 4 Offer ends 04/30/10. Available to business customers who newly subscribe to a Business Package Minutes plan of 1000 minutes or greater. Eligible customers will receive a credit equal to 15% of their billed Business Package Minutes plan's monthly recurring charge for each of their first thirteen billing periods starting with the first partial bill period following date of subscription to the plan. Offer not available with any of the AT &T Long Distance Service Business Integrated Solutions Package of Minutes plans. Taxes, fees and other charges, including Universal Service Fund, apply. Other terms and conditions apply. See www.att.com /servicepublications for details. Long distance services are provided by AT &T Long Distance Service. Available to AT &T local service customers in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. AT &T Proprietary: The information contained in this quote is proprietary to AT &T and is offered solely for the purpose of evaluation. It may not be disclosed to Third Parties without prior written permission from AT &T. Prices quoted are estimates based on information & pricing available at the time the quote was prepared. If the price shown above differs from the tariff rate, or AT &T Price List if applicable, then tariff rates or AT &T Price List will apply; otherwise, the rates contained in an agreement signed by both parties at the time of order will apply. Connection charges for new lines vary by state & do not include jacks & wiring. Applicable taxes & fees will be computed based on the full tariff price or prices set forth in AT &T's service agreement if applicable, of all products and services, & no taxes or fees will be added to the amount of any rewards given under this program. This quote is subject to the availability of the services set forth above. Rates quoted above do not reflect all additional charges such as certain other federal or state charges and taxes as well as usage charges. * This estimate may change depending upon various factors, such as changes in configuration, design, network facilities or availability prices generally, or inadvertent error. Private/ Proprietary: No disclosure outside AT &T except by written agreement. https: // quickquote. bellsouth .com /WebAppV2 /Quote/V_3/Forms /Quotes /Quote_TooIV3.aspx 4/30/2010