NICE inContact Voice Connectivity provides VoIP, local and long-distance services based on per-minute flat rates or locality per-minute rates optimized to your usage patterns to minimize telephony outlays.

1.	Call Distributions, Rates, and Charges. The call distribution pattern of Customer’s usage of the Services in any month must result in a minimum of seventy percent (70%) of such calls being originated and terminated in and to Tier A and Tier B networks and a maximum of thirty percent (30%) of such calls being originated and terminated in and to Tier C networks. Any call in excess of the foregoing maximum of thirty percent (30%) will be assessed a three ($.03) cent per minute surcharge, applicable to flat-rate pricing programs but not Tiered or LATA OCN pricing programs. In the event Customer’s call usage exceeds the call distribution pattern as described herein, in such a way that Customer receives Tier C surcharges, NICE inContact may modify its pricing program to a Tiered or LATA OCN pricing program in order to eliminate Tier C surcharges. Tiers are defined in the LERG OCN classification table, administered by Telcordia at the effective date of the most recent monthly update. NICE inContact will provide customer with a tier list, by dialed digits, upon request. NICE inContact reserves the right to adjust the Domestic rates applicable to Customer with prior written notice to Customer. International and extended territories rates are subject to change without notice to Customer.

Domestic Tiers
Tier A – Regional Bell Operating Companies (“RBOC”) 
Tier B – PCS, Wireless, W Reseller, L Reseller
Tier C – CLEC, CAP, ICO, ULEC, General, Other

2.	Call Jurisdiction. For toll free calls, the originating number (e.g., ANI) and Customer’s billing telephone number (“BTN”) determine jurisdiction. Calls in which the ANI and BTN are in the same state will be billed intrastate. For termination calls, the ANI and the dialed number identification service (“DNIS”) determine jurisdiction. Calls in which the ANI and DNIS are in the same state will be billed intrastate. In certain circumstances, Customer may be able to change the caller identification for outbound calling. In these cases, the distance will be determined from the BTN associated with the Customer’s Contract Address. If the caller identification is a toll free number, NICE inContact will use the BTN to determine jurisdiction and bill these calls based on applicable termination rates. In cases where the caller identification is blank or is otherwise an invalid number, the distance will be determined as indeterminate and NICE inContact will bill these calls at the default rate as stipulated in Customer’s Service Contract. Outbound calls to toll free numbers may incur usage charges. Customers may also be charged an indeterminate rate for inbound calls where the originating caller identification is a toll free number or is invalid. Domestic calls are rounded up to next six- (6) second increment with a six- (6) second minimum per call. Rates are rounded to the fourth decimal. The rates above are NICE inContact rates for continental U.S. only. Applicable international and extended rates are available upon request. Customers may also be charged an indeterminate default rate for inbound calls where the originating caller identification is a toll free number or is invalid. Customer confirms that they have notified NICE inContact of the physical location where services are to be utilized ("Service Address"), if different from the Customer's Contract Address. Tax and fee liability will be based upon the Service Address in or attached to this Agreement. NICE inContact reserves the right to reject any request to treat an alternative physical location as Customer's Service Address if NICE inContact discovers that the address is invalid or otherwise inaccurate. NICE inContact Local Numbers are inbound only. NICE inContact Local Numbers do not support outbound calls, E911, collect calls, or fax communications and are not intended as a replacement for basic local services. Not all calling areas in the U.S. are supported. International Outbound rates are available at http://www.incontact.com/terms/IntlOutboundTerminationRates which are incorporated herein by reference. All rates are in U.S. dollars.

3.	International Calling. NICE inContact reserves the right to block international calling to certain international destinations based on our conjecture of potential fraud. Furthermore, NICE inContact maintains the right to disallow Customers’ access to such international destinations if the Customer does not meet certain credit standards and complete a NICE inContact Restricted International Service Area Consent form. Customer is solely responsible for all calls placed or received in such areas.

4.	Toll-free Testing. Customer shall be responsible for testing the connectivity of all toll-free services to be provided by NICE inContact. Customer shall be solely responsible for verifying that toll-free numbers are functioning properly, prior to the launch of any public campaign involving toll-free numbers provided by NICE inContact. Should Customer fail to verify the proper function of toll-free numbers, or should Customer fail to notify NICE inContact of any known problems, Customer shall not be entitled to service credits of any kind.

5.	Commitment Level. For any complete component failure experienced by the Customer on any given day, NICE inContact will credit the Customer 1/30th of the then-current MRC, not to exceed one-hundred percent (100%) of the MRC billed in that month. The MRC for each component is the portion of the aggregate Service billing in each monthly billing period attributable to that component. Requests for a credit must be submitted to NICE inContact within thirty (30) days following the date the component failure first arose. NICE inContact considers a request submitted when NICE inContact receives from Customer a written request for a credit identifying the Customer’s name and account number, the date(s) and approximate beginning / ending time of the outage, and the component(s) affected by the outage.

No credit will be issued for outages that are caused by:
•	Customer’s equipment, software, facility, databases, or operator error;
•	An interruption in Customer’s connection to the Internet;
•	An interruption in Customer’s telephony or voice service, local or long distance, provided such telephony or voice service, local or long distance is provided by a third party;
•	Maintenance and modification of component software, of which Customer is given advance notice; or
•	Force Majeure events as provided in Section 16.3 of the NICE inContact Standard Terms of Use.

In the event that Customer’s average Mean Opinion Business Unit Score (“MOS”) for the preceding month (found online at http://Support.inContact.com/Support/Trust) falls below 3.9, Customer may request a credit according to the following table:

Preceding Month Business Unit MOS Average	Credit Amount
3.500 – 3.899	10% of then-current network connectivity usage billing
3.250 – 3.499	30% of then-current network connectivity usage billing
3.000 – 3.249	60% of then-current network connectivity usage billing
0.000 – 2.999	100% of then-current network connectivity usage billing

Please contact NICE inContact Sales at 1.866.965.7227 for the current contract terms and conditions which govern the use of the software.