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2009-43 Contract Approval - Telephone & Data Services w/NuVox• RESOLUTION 2009-43 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE EXECUTION OF PHONE AND DATA SERVICE AGREEMENTS WITH NUVOX COMMUNICATIONS, INC. (DB/A NUVOX) AND AUTHORIZING THE PURCHASE OF RELATED EQUIPMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY SERVICE AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Administration recommends changing the Village's current phone and data service provider to Nuvox Communications, Inc. (d/b/a Nuvox) at a significant annual savings; and WHEREAS, the change of service providers necessitates an upgrade of server phone switch components and network equipment; and WHEREAS, the Village Council determines that the changing of phone and data service providers and the purchase of the related initial equipment is the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby approves execution of phone and data service agreements with Nuvox Communications, Inc. (d/b/a Nuvox) and authorizes the Village Manager to execute same on behalf of the Village. Section 3. The Village Council further authorizes the purchase of IP Cards from Cheryl Passagno Services in an amount not to exceed $4,475.00 and server and networking equipment from Shared Technologies in an amount not to exceed $9,597.08, for a total cost of $14,072.08, to be funded from Account # K5003-66415 (Finance Capital Projects). • Section 4. This Resolution shall take effect immediately upon adoption. ,~ U N AMENDMENT TO CUSTOMER SERVICE AGREEMENT This Amendment is entered between NuVox ("NuVox") and Village of North Palm Beach ("Customer") Proposal ID's 1240137, 1240099, 1240050, 1240120, 1240140 and amends Customer Service Agreement ("CSA") entered between NuVox and Customer ("Parties"). NuVox and Customer agree that notwithstanding anything to the contrary in the Agreement: If during the Minimum Term Commitment of the Agreement NuVox increases Customer's monthly recurring charges for the Services being provided under the Agreement (or, in the case of long distance services, the per minute charge for the such services) by any amount above the amounts set forth in Customer's signed proposal executed contemporaneously with this Agreement, Customer shall have the right, upon thirty (30) days written notice, to terminate the Agreement without liability other than payment for Services rendered through the termination date. The forgoing right shall not apply to changes to, additions of and/or increases in applicable fees, taxes and other government-mandated charges. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and costs incurred in that action or proceeding, including appellate fees and costs. The following shall be inserted in lieu of sentence three (3) of CSA Section 8. Entire CSA; Modifications. This CSA shall in all respects be governed by and construed in accordance with the laws of the state of Florida, without regard to its choice of law rules. The following shall be inserted after sentence six (6) of CSA Section 8. Entire CSA; Modifications. In the event that NuVox assigns this CSA in the event of a merger or acquisition, the assignee shall fulfill any and all obligations of NuVox as specified by the CSA. All information exchanged by the parties will be held confidential to the extent permitted by law. The CSA noted above and this Amendment constitutes the Parties' entire agreement. To the extent there is a conflict between this Amendment and the CSA, this Amendment controls. This Amendment may be executed in several counterparts, and all counterparts so executed shall constitute one binding agreement on the Parties hereto and each executed counterpart shall be deemed an original. Facsimile signatures shall be accepted as valid and binding for all purposes. NuVox and Customer each agree that the signatories to this Amendment below have authority to sign this Amendment. Hand-written modifications to this Amendment are not binding on either NuVox or Customer. Village o North Palm Beach By: Na ~~ ~ Q ~~~~-~ Title: ® ~ " ~ NuVox By: ^~~ c Name: ~~-~~~s~ ~~~ Title: `~~~ Regional Vice President Page: 1 { ~~ NuVox Communications VILLAGE OF NORTH PALM BEACH -PUBLIC SAFETY VILLAGE OF NORTH Customer Name PALM BEACH -PUBLIC EAN 4071745 SAFETY Install Street Address 560 US HIGHWAY 1 Cit ,State, Zi y p NORTH PALM BEACH, Florida , 33408-4902 Main Telephone Number (561)848-2525 Market WEST PALM BEACH Contact Name Mike Applegate Proposal ID 1240050 Account Representative Jason Kirk Proposal Type New Dealer Name Term 3 Years e ~. •. ISDN PRI (B+D Channels) 46 -- -- -- Voxlnternet Bandwidth 4.5 Mb -- -- -- Total VoxIP Services $2,094.74 $983.10 .-. a ~. •. VoxIP Feature Package Nupack -- 1 $50.00 $.00 VoxVoice Local Features DID Numbers 20 160 $28.00 $28.00 Directory Listing 1 8 $14.00 $14.00 VoxVoice Long Distance Features Long Distance Packages 1000 5000 $104 $104 Long Distance - -- YES $.053 $.053 Voxlnternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features Management Portal -- 1 $15.00 $.00 VoxNET QoS Gold -- 3 $900.00 $450.00 Total VoxIP Features $609.90 Authorized NuVox Representative Initial ~~ ~°_`~- Authorized Customer Initial r ~` ~I~~ 10 Jun 2009 15:37:25 ET Page: 2 Total Estimated Long Distance Installation Charges Installation Total Fees Promotion -First Month Free Total Monthly Recurring Charges Total Non-Recurring Charges $3,000.00 $.00 $.00 $.00 $1,593.00 $.00 In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for maintaining a Minimum Monthly Commitment of 85% of their Total Monthly Recurring Charges. Minimum Monthly Commitment $1,354.05 Authorized NuVox Representative Name Authorized NuVox Representative Signature Authorized Customer Name Authorized Customer Si ~~G'~ ~Cc~G~ ~QG~d~ /id /' ~- Date ~ ~~ d ~ ~~~~~~ Date In the event of a customer move, an ins#a!lation charge for service a± the ne~~~ location ~a~il! be incurred by the customer based on the months of active service: $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. This pricing does not include any applicable federal, state or local taxes, USF or E911 charges. FCC, ICC and LNP charges are not applicable to bundled rates. A La Carte and NetPlus Services will incur FCC, ICC, and LNP charges. This proposal may not include all regulated Federal or local charges that will appear on your bill, including: FCC Access, ICC, LNP, USF, TRS, or any other State or local taxes. Emergency Service (E911) charges vary depending on your county/parish and the type of service you've selected; therefore, these rates are not included in the amount quoted above. Authorized NuVox Representative Initial Authorized Customer Initial ~` , ~I~~ 10 Jun 2009 15:37:25 ET Page: 3 NuVox Communications will provide CSU/DSU, Channel Bank, and Router if applicable. The customer may not request specific brand or type of equipment. Internet Service requires properly configured peer-to-peer orclient/server Ethernet network capable of connecting to a router at 10BaseT. Customer responsible for 10BaseT connection. Equipment adminstration fees may apply. FREE minutes of long distance (intraLATA, intrastate, interstate and 800 inbound usage) per account only occurs if customer purchases a minimum of one facility voice line. Free LD does not include NetPlus Lines. Fixed rate per minute listed on the proposal is applied to all additional domestic LD above the total free minutes listed. ConnectU, Phone Cards, and International Usage are billed at our current tariff rates. Calling Card Surcharge $.35 per call. Each Party owns and reserves all rights to its own information. All information exchanged is confidential, and further disclosure or use is restricted. This proposal is part of and governed by the conditions of the Customer Service Agreement for Network Services between the Customer and NuVox. NuVox's provision of additional services shall be governed by the Customer Service Agreement for Network Services between the Customer and NuVox. Authorized NuVox Representative Initial Authorized Customer Initial ~~ '®I~ 10 Jun 2009 15:37:25 ET ~. -' - New Customer Existing Customer CUSTOMER SERVICE AGREEMENT Legal & Regulatory Customer Service Agreement March 17, 2009: Revision X Page: 1 of 2 rCustomer Name: VILLAGE OF NORTH PALM BEACH -PUBLIC SAFETY Address for service: 560 US HIGHWAY 1 City: NORTH PALM BEACH State: FL Zip: 334084902 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 (which includes its officers, directors, shareholders, employees, agents and subcontractors), aDelaware corporation having its principal place of business at Two North Main Street, Greenville, South Carolina 29601 and the customer ("Customer"): 1. Services to be Provided; PrOpOSaIIS)NuVox agrees to provide and Customer agrees to purchase from NuVox the Services and equipment ("Services")described on the Proposal(s) or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated herein by reference. 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 FeeSThis 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. 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 TERRA COPAM!T~AENT OR RENEWAL TERRA. 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 DUE TO NUVOX'S MATERIAL BREACH), 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 MULTIPLIED BY THE NUMBER OF MONTHS REMAINING /N 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 /N THE VALUE OF THIS CSA THAT NUVOX WILL SUSTAIN. 3. CUStOmer RelOCatlOn. Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location. 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. 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 BY REFERENCE: (I) 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) WITH RESPECT TO REGULATED AND UNREGULATED SERVICES PROVIDED /N DETARIFFED JURISDICTIONS OR /N THE EVENT SOUTH CAROLINA IS DETARIFFED, THE APPLICABLE "TERMS AND CONDITIONS" POSTED AT http://www.nuvox.com; (Ill) WITH RESPECT TO DATA AND INTERNET SERVICES, THE "ACCEPTABLE USE POLICY" POSTED AT http://www.nuvox.com; AND (IV) IF CUSTOMER SUBSCRIBES TO GOGGLE SERVICES THROUGH NUVOX, THE "GOGGLE APPS PREMIER EDITION LICENSE" POSTED AT http:// www.nuvox.com. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES /S SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME.AND (V) IF CUSTOMER SUBSCRIBES TO ISDN- PRI SERVICES, THE "ISDN-PR/ TERMS AND CONDITIONS OF SERVICE" POSTED AThttp://www.nuvox.com. 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.I n the event of any conflict between the provisions of this CSA and the Tariffs and/or th rms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and Con f s" and then this CSR. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. Customer Initials PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. 5. Charges Rate 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 RATES ON AT LEAST THIRTY (30) DAYS NOTICE. Billing at a location will begin upon the earlier of (i) the Installatior Date; or (ii) thirty (30) days after delivery of the applicable facility to the Customer premises by the facility provider (if the delay in connection of the facility is due to Customer). 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 for Equipment and Services: 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. Any equipment installed by NuVox on Customer's premises 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: LimltatiOn Of LiabilltV. FOR PURPOSES OF THIS SECTION, "NUVOX"INCLUDES NUVOXAS DEFINED IN THE INTRODUCTORY PARAGRAPH OF THIS CSA, ITS 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-INGRINGEMENT, WARRANTYAR/SING 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 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(COLLECTIVELY, "DAMAGES')), 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. IF CUSTOMER IS LOCATED /N A JURISDICTION THAT PROHIBITS DISCLAIMERS, THE LIABILITY OF NUVOX FOR DAMAGES IN ANY CAUSES OF ACTION SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN-CURRENT CREDIT POLICY. 8. Entire CSA: Modification. This csA, incorporated documents 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 modifications must be in writing and signed by a Manager or Director on behalf of NuVox. Hand-written or typed changes to 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 the state of South Carolina, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. NuVox may assign this CSA or delegate its duties, in whole or in part. If any provisions of this CSA are held unenforceable, the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision had been substituted, consistent with applicable laws and the undertakings of the parties. 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 _a NUVOX Signature: T m ~_.._e._. ~ _,.em.~. w®a® Signature: Printed Name: ~~®~t`~' ~ l sG ~®~©~ o --.~,. ~ ~ Title: o ~ ~ ~~~ ~ ~a ~~/~ Printed Name: ~~ ~ ©~ ~ V ~~ _,-~e Title Date: `~ 0® ®- --- Date: - - ~~ ~ u PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. ~. ,,. NVC-0010-20-01 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 NA~M~E: ~®~,~~ Jl y~fc~fa TITLE: ~" a ~'~~ g ~ /~~~~~~c COMPANY NAME: VILLAGE OF NORTH PALM BEACH -PUBLIC SAFETY COMPANY INSTALLATIO ADDf~ESS: 560 US HIGHWAY 1, NORTH PALM BEACH, FL, 334084902 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. Letter of Agency Contact Name: Michael Applegate Sales Office: WEST PALM BEACH BTN: 5618482525 ~ Dealer Name: Company Name: _ ~ Sales Rep Name: Jason Kirk Install Address: Order Date: I Current Carrier: Additional BTNs Authorization to Change Service Provider(s) On behalf of the Company, I hereby authorize NuVox, Inc. ("NuVox") to change my Company's provider(s) for the following services from my current telecommunications carrier(s) to NuVox for each of the telephone numbers listed below (check all that are applicable): ~~ Local Intrastate, IntraLATA Long Distance Service (also known as local toll) Interstate, InterLATA and International Long Distance Internet I represent that I am at least eighteen years of age. I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intraLATA carrier, and one interLATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. I understand that the monthly rate plan does not include taxes or applicable regulatory fees. I choose NuVox to act as my agent in order to effectuate the change(s) and authorize NuVox to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating NuVox to act as my agent, I do not permit NuVox to change my service to a carrier other than NuVox. In addition, I authorize NuVox to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement will remain in effect until revoked in writing by the Company. Numbers: I understand that 1 may consul uVox Communicatio ,Inc. as to whether a fee applies to change from the Company's current telecommunications ter( to NuVox Com s, Inc. ~~®~~~ Company Signature: Date: I understand that by sig'King above, Company's preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. 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 911 Important Information for Your Business ti As a VoxIP customer, you are aware that your communications services with NuVox are delivered using Voice over Internet Protocol (VoIP) technology. You may also know that some companies were offering communications services using VoIP technology to consumers without adequately ensuring that consumers can use 911 services. For this reason, the Federal Communications Commission (FCC) now requires all VoIP providers, including NuVox, to inform their customers of any differences between the offered 911 access capability and the capabilities available with traditional telephone services. Each customer must sign and return an acknowledgement of those differences before they can receive service. You may obtain a copy of the FCC's requirements at http://www.fcc.gov/cbg/voip911 order.pdf As your NuVox sales person explained when you selected VoxIP, NuVox has worked hard to ensure that 911 services are available to our VoxIP customers via our voice network that has been in place for over seven years for business class voice services. Our 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. 911 Ensuring Your Business is Safe -Differences for Broadband 911 Below are some steps you should take to ensure 911 is available to your business regardless of whether your services are delivered via VoIP or over a broadband connection without VoIP. • Provide for back-up power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including 911 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. During a loss of power, the UPS will be engaged, thereby protecting your ability to access 911. • Protect your broadband T1 connection and equipment. Do not disable, tamper with or attempt to move your integrated access device (IAD) to a location other than the location at which you indicated to NuVox you would use the IAD in your Customer Service Agreement. Additionally, ensure that your "communications closet" is in a secure location, thus reducing the opportunity of someone accidentally to disrupt your broadband connection or damage your VoxIP equipment. As with any services provided over a broadband connection and, unlike traditional telephone services, your broadband connection must be in place for you to contact 911. Please take necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means such as a NetPlus line for accessing 911 in those circumstances. NuVox will also do its best to ensure that you do not experience any broadband outages but IVuVox is required to apprise you that such outages are possible and will affect 911 services. • Make sure you give NuVox your correct services address. For 911 services to work for either traditional telephone service or VoxIP, you must ensure that you always advise NuVox of your current address for service. If you wish to move to a new service address, please call 800-600-5050. Otherwise, emergency personnel could be dispatched to an incorrect address, or not dispatched at all. Because you may not be able to access 911 emergency services under the circumstances described above you should ensure that you have some alternate means of contacting 911 emergency services, like NuVox's NetPlus line or a cellular phone. In addition, you should 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 PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. this, you will receive stickers in your Welcome Kit describing the limitations on 911 availability, which you should place on or near the equipment used to access VoxIP.At NuVox, we understand your communications are critical to your business. We appreciate your entrusting NuVox to provide service to you. If we can be of assistance with 911 or any matter related to your NuVox service, please contact our Customer Care team at 800-600-5050. 911 Acceptance Letter for NuVox Customers I have received and understood this notice regarding NuVox's broadband 911 service and how it differs from traditional 911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I will receive warning stickers explaining that 911 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 do not receive the stickers, I will contact NuVox's Customer Care team at 800-600-5050. I understand that NuVox is committed to ensuring that my 911 service functions properly, but that I too have responsibilities for making sure that 911 is available at all times. Company Repr~s~ntative Title ~/o~/~ Date Two North Main Street Greenville, SC 29601 (864) 672-5050 www.nuvox.com PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Page: 7 \ NuVox Communications VILLAGE OF NORTH PALM BEACH -COUNTRY CLUB VILLAGE OF NORTH Customer Name PALM BEACH - EAN 4071760 COUNTRY CLUB Install Street Address 951 US HIGHWAY 1 Cit ,State, Zi y p NORTH PALM BEACH, Florida , 33408-3813 Main Telephone Number (561)691-3420 Market WEST PALM BEACH Contact Name Mike Applegate Proposal ID 1240099 Account Representative Jason Kirk Proposal Type New Dealer Name Term 3 Years ~ ~. •. Voxlnternet Bandwidth 3 Mb -- -- -- Total VoxIP Services $1,081.78 $736.10 .-. a ~. •. Voxlnternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features Management Portal -- 1 $15.00 $.00 VoxNET QoS Gold -- 2 $600.00 $300.00 Total VoxIP Features $313.90 Total Estimated Long Distance $.00 •. -. Installation Charges Installation $2,000.00 $.00 Total Fees Promotion -First Month Free $.00 Authorized NuVox Representative Initial Authorized Customer Initial ~~l I~,.~ 10 Jun 2009 14:12:13 ET Page: 2 Total VoxIP Solution Total Price Adjusted Price . .- ~ ~ ~~ Total Non-Recurring Charges $.00 In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for maintaining a Minimum Monthly Commitment of 85% of their Total Monthly Recurring Charges. Minimum Monthly Commitment $892.50 Authorized NuVox Representative Name ~G~~o~~ ~ ~,~c~ Authorized NuVox Representative Signature ° % - ~ ~ Date O ~i ~ Authorized Customer Name ~'{'®~i'~ _ ~ ~ Authorized Customer Signature __ Date ~~~~~~ In the event of a customer move, an installation charge for service at the new location will be incurred by the customer based on the months of active service: $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. This pricing does not include any applicable federal, state or local taxes, USF or E911 charges. FCC, ICC and LNP charges are not applicable to bundled rates. A La Carte and NetPlus Services will incur FCC, ICC, and LNP charges. This proposal may not include all regulated Federal or local charges that will appear on your bill, including: FCC Access, ICC, LNP, USF, TRS, or any other State or local taxes. Emergency Service (E911) charges vary depending on your county/parish and the type of service you've selected; therefore, these rates are not included in the amount quoted above. NuVox Communications will provide CSU/DSU, Channel Bank, and Router if applicable. The customer may not request specific brand or type of equipment. Internet Service requires properly configured peer-to-peer orclient/server Ethernet network capable of connecting to a router at 106aseT. Customer responsible for 10BaseT connection. Equipment adminstration fees may apply. FREE minutes of long distance (intraLATA, intrastate, interstate and 800 inbound usage) per account only occurs if customer purchases a minimum of one facility voice line. Free LD does not include NetPlus Lines. Fixed rate per minute listed on the proposal is applied to all additional domestic LD above the total free minutes listed. ConnectU, Phone Cards, and International Usage are billed at our current tariff rates. Calling Card Surcharge $.35 per call. Authorized NuVox Representative Initial Authorized Customer Initial m ~I~ 10 Jun 2009 14:12:13 ET Page: 3 Each Party owns and reserves all rights to its own information. All information exchanged is confidential, and further disclosure or use is restricted. This proposal is part of and governed by the conditions of the Customer Service Agreement for Network Services between the Customer and NuVox. NuVox's provision of additional services shall be governed by the Customer Service Agreement for Network Services between the Customer and NuVox. Authorized NuVox Representative Initial Authorized Customer Initial 10 Jun 2009 14:12:13 ET ,,. CUSTOMER SERVICE AGREEMENT Legal 8~ Regulatory Customer Service Agreement March 17, 2009: Revision X Page: 1 of 2 Customer Name: VILLAGE OF NORTH PALM BEACH -COUNTRY CLUB New Customer Address for service: 951 US HIGHWAY 1 Existing ~ City: NORTH PALM BEACH State: FL Zip: 334083813 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 (which includes its officers, directors, shareholders, employees, agents and subcontractors), aDelaware corporation having its principal place of business at Two North Main Street, Greenville, South Carolina 29601 and the customer ("Customer"): 1. Services to be Provided; PrOpOSaI(S)NuVox agrees to provide and Customer agrees to purchase from NuVox the Services and equipment ("Services") described on the Proposal(s) or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated herein by reference. 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 FeeSThis 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. 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 TERA9 COMMITMENT OR RENEWAL TERM. !F CUSTOMER TERMINATES TN.IS 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 DUE TO NUVOX'S MATERIAL BREACH), 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 MULTIPLIED BY THE NUMBER OF MONTHS REMAINING /N 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 R@IOCatIOn. Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location. 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. 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 BY REFERENCE: (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; (ll) WITH RESPECT TO REGULATED AND UNREGULATED SERVICES PROVIDED /N DETARIFFED JURISDICTIONS OR /N THE EVENT SOUTH CAROLINA /S DETARIFFED, THE APPLICABLE "TERMS AND CONDITIONS" POSTED AT http://www.nuvox.com; (Ill) WITH RESPECT TO DATA AND INTERNET SERVICES, THE `ACCEPTABLE USE POLICY" POSTED AT http://www.nuvox.com; AND (IV) IF CUSTOMER SUBSCRIBES TO GOGGLE SERVICES THROUGH NUVOX, THE "GOGGLE APPS PREMIER EDITION LICENSE" POSTED AT http:// www.nuvox.com. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES /S SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME.AND (V) IF CUSTOMER SUBSCRIBES TO ISDN- PRI SERVICES, THE `ISDN-PRI TERMS AND CONDITIONS OF SERVICE" POSTED AT http://www.nuvox.com. 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 T/ME.I n 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 Con ' i~ s" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. Customer Initials ,~ PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. 5. Charges Rate Changes: Belling. 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 RATES ON AT LEAST THIRTY (30) DAYS NOTICE. Billing at a location will begin upon the earlier of (i) the Installation Date; or (ii) thirty (30) days after delivery of the applicable facility to the Customer premises by the facility provider (if the delay in connection of the facility is due to Customer). 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 for Equipment and Services; 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. Any equipment installed by NuVox on Customer's premises 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: LlmltatlOn Of Llab%litV. FOR PURPOSES OF THIS SECTION, "NUVOX"INCLUDES NUVOX AS DEFINED IN THE INTRODUCTORY PARAGRAPH OF THIS CSA, ITS 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-INGR/NGEMENT, WARRANTYARISING 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 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, D/RECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA(COLLECTIVELY, `DAMAGES')), WHETHER /N 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. IF CUSTOMER IS LOCATED IN A JURISDICTION THAT PROHIBITS DISCLAIMERS, THE LIABILITY OF NUVOX FOR DAMAGES IN ANY CAUSES OF ACTION SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN-CURRENT CREDIT POLICY. 8. Entire CSA: Modification. This CSA, incorporated documents 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 modifications must be in writing and signed by a Manager or Director on behalf of NuVox. Hand-written or typed changes to 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 the state of South Carolina, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. NuVox may assign this CSA or delegate its duties, in whole or in part. If any provisions of this CSA are held unenforceable, the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision had been substituted, consistent with applicable laws and the undertakings of the parties. 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: P ~ Printed Name: ~ g~ ~ ~ i~~0~ Title: ~ Title ,, cam/ ~ ~, ~ ~ ~.~ ~ ~ o u Date: `~ ~~~ ~ ~ Date: ~ ~ d PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. ~l NVC-0010-20-01 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): COMPANY NAME: VILLAGE OF NORTH PALM BEACH -COUNTRY CLUB COMPANY INSTALLATION ADDRESS: 951 US HIGHWAY 1, NORTH PALM BEACH, FL, 334083813 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. Letter of Agency Contact Name: M1 Chdel Applegate ( Sales Office: WEST PALM BEACH BTN: 5616913420 (Dealer Name: Company Name: (Sales Rep Name: Jason Kirk _.__ y____ Install Address: Order Date: Current Carrier: Additional BTNs: Authorization to Change Service Provider(s) On behalf of the Company, I hereby authorize NuVox, Inc. ("NuVox'") to change my Company's provider(s) for the following services from my current telecommunications carrier(s) to NuVox for each of the telephone numbers listed below (check all that are applicable): ~~ Local _ - z Intrastate, IntraLATA Long Distance Service (also known as local toll) Interstate, InterLATA and International Long Distance Internet I represent that I am at least eighteen years of age. I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intraLATA carrier, and one InterLATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. I understand that the monthly rate plan does not include taxes or applicable regulatory fees. I choose NuVox to act as my agent in order to effectuate the change(s) and authorize NuVox to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating NuVox to act as my agent, I do not permit NuVox to change my service to a carrier other than NuVox. In addition, I authorize NuVox to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement wiii remain in etiect until revoked in writing by the Company. Numbers: I understand that I may consult Vox Communications, Inc. as to whether a fee applies to change from the Company's current telecommunications car ' u~ c ons, Inc. ~~~~~~ Company Signature: Date: I understand that by signing above, Company's preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. 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 t,. 911 Important Information for Your Business As a VoxIP customer, you are aware that your communications services with NuVox are delivered using Voice over Internet Protocol (VoIP) technology. You may also know that some companies were offering communications services using VoIP technology to consumers without adequately ensuring that consumers can use 911 services. For this reason, the Federal Communications Commission (FCC) now requires all VoIP providers, including NuVox, to inform their customers of any differences between the offered 911 access capability and the capabilities available with traditional telephone services. Each customer must sign and return an acknowledgement of those differences before they can receive service. You may obtain a copy of the FCC's requirements at http://www.fcc.gov/cbg/voip911 order.pdf As your NuVox sales person explained when you selected VoxIP, NuVox has worked hard to ensure that 911 services are available to our VoxIP customers via our voice network that has been in place for over seven years for business class voice services. Our 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. 911 Ensuring Your Business is Safe -Differences for Broadband 911 Below are some steps you should take to ensure 911 is available to your business regardless of whether your services are delivered via VoIP or over a broadband connection without VoIP. • Provide for back-up power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including 911 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. During a loss of power, the UPS will be engaged, thereby protecting your ability to access 911. Protect your broadband T1 connection and equipment. Do not disable, tamper with or attempt to move your integrated access device (IAD) to a location other than the location at which you indicated to NuVox you would use the IAD in your Customer Service Agreement. Additionally, ensure that your "communications closet" is in a secure location, thus reducing the opportunity of someone accidentally to disrupt your broadband connection or damage your VoxIP equipment. As with any services provided over a broadband connection and, unlike traditional telephone services, your broadband connection must be in place for you to contact 911. Please take necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means such as a NetPlus line for accessing 911 in those circumstances. NuVox will also do its best to ensure that you do not experience any broadband outages but NuVox is required to apprise you that such outages are possible and will affect 911 services. • Make sure you give NuVox your correct services address. For 911 services to work for either traditional telephone service or VoxIP, you must ensure that you always advise NuVox of your current address for service. If you wish to move to a new service address, please call 800-600-5050. Otherwise, emergency personnel could be dispatched to an incorrect address, or not dispatched at all. Because you may not be able to access 911 emergency services under the circumstances described above you should ensure that you have some alternate means of contacting 91.1 emergency services, like NuVox's NetPlus line or a cellular phone. In addition, you should 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 PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. this, you will receive stickers in your Welcome Kit describing the limitations on 911 availability, which you should place on or near the equipment used to access VoxIP.At NuVox, we understand your communications are critical to your business. We appreciate your entrusting NuVox to provide service to you. If we can be of assistance with 911 or any matter related to your NuVox service, please contact our Customer Care team at 800-600-5050. 911 Acceptance Letter for NuVox Customers I have received and understood this notice regarding NuVox's broadband 911 service and how it differs from traditional 911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I will receive warning stickers explaining that 911 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 do not receive the stickers, I will contact NuVox's Customer Care team at 800-600-5050. I understand that NuVox is committed to ensuring that my 911 service functions properly, but that I too have responsibilities for making sure that 911 is available at all times. Comq~fiv~2eoresentative Title ~~ Company Na ~.~ Date Two North Main Street Greenville, SC 29601 (864) 672-5050 www.nuvox.com PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Page: 1 NuVox Communications VILLAGE OF N. PALM BEACH -COMMUNITY CENTER VILLAGE OF N. PALM Customer Name BEACH -COMMUNITY EAN 4071789 CENTER Install Street Address 1200 PROPERITY City, State Zip NORTH PALM BEACH, Florida , FARMS RD , 33410-4414 Main Telephone Number (561)627-0189 Market WEST PALM BEACH Contact Name Mike Applegate Proposal ID 1240137 Account Representative Jason Kirk Proposal Type New Dealer Name Term 3 Years e ~. -. Voxlnternet Bandwidth 1.5 Mb -- -- -- Total VoxIP Services $540.89 $351.10 .•. ~ ~. -. Voxlnternet Data Features Data Equipment Maintena nce -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features Management Portal -- 1 $15.00 $.00 VoxNET QoS Gold -- 1 $300.00 $150.00 Total VoxIP Features $163.90 Total Estimated Long Distance $.00 •. -. Installation Charges Installation $1,000.00 $.00 Total Fees $.00 Promotion -First Month Free Authorized NuVox Representative Initial Authorized Customer Initial ~` '~/~ „k, 10 Jun 2009 14:13:12 ET Page: 2 ~• -• Total Monthly Recurring Charges $515.00 Total Non-Recurring Charges $.00 In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for maintaining a Minimum Monthly Commitment of 85% of their Total Monthly Recurring Charges. Minimum Monthly Commitment $437.75 Authorized NuVox Representative Name ~ ~ ~ ~ ~ ~ ~ pd~.B~ Authorized NuVox Representative Signature Date ~ 0~ ~~ Authorized Customer Name ~ ®~,~e.0~n ~~„®,~a4ra.,,,~' Authorized Customer Signature Date ` ~ ~ ®~® ~~ In the event of a customer move, an installation charge for service at the new location will be incurred by the customer based on the months of active service: $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. This pricing does not include any applicable federal, state or local taxes, USF or E911 charges. FCC, ICC and LNP charges are not applicable to bundled rates. A La Carte and NetPlus Services will incur FCC, ICC, and LNP charges. This proposal may not include all regulated Federal or local charges that will appear on your bill, including: FCC Access, ICC, LNP, USF, TRS, or any other State or local taxes. Emergency Service (E911) charges vary depending on your county/parish and the type of service you've selected; therefore, these rates are not included in the amount quoted above. NuVox Communications will provide CSU/DSU, Channel Bank, and Router if applicable. The customer may not request specific brand or type of equipment. Internet Service requires properly configured peer-to-peer or client/server Ethernet network capable of connecting to a router at 10BaseT. Customer responsible for 10BaseT connection. Equipment adminstration fees may apply. FREE minutes of long distance (intraLATA, intrastate, interstate and 800 inbound usage) per account only occurs if customer purchases a minimum of one facility voice line. Free LD does not include NetPlus Lines. Fixed rate per minute listed on the proposal is applied to all additional domestic LD above the total free minutes listed. ConnectU, Phone Cards, and International Usage are billed at our current tariff rates. Calling Card Surcharge $.35 per calf. Authorized NuVox Representative Initial Authorized Customer Initial ~~ I~,w 10 Jun 2009 14:13:12 ET Page: 3 • Each Party owns and reserves all rights to its own information. All information exchanged is confidential, and further disclosure or use is restricted. This proposal is part of and governed by the conditions of the Customer Service Agreement for Network Services between the Customer and NuVox. NuVox's provision of additional services shall be governed by the Customer Service Agreement for Network Services between the Customer and NuVox. Authorized NuVox Representative Initial 0 Authorized Customer Initial ~"`• ~I~ 10 Jun 2009 14:13:12 ET CUSTOMER SERVICE AGREEMENT Legal & Regulatory Customer Service Agreement March 17, 2009: Revision X Page: 1 of 2 x New Customer Customer Name: VILLAGE OF N. PALM BEACH -COMMUNITY CENTER Address for service: 1200 PROPERITY FARMS RD Existing City: NORTH PALM BEACH ~~s~~~_ State: FL Zip: 334104414 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. i nis Customer Service Agreement ("c.;SA') is made by antl between NuVox (which includes its officers, directors, shareholders, employees, agents and subcontractors), aDelaware corporation having its principal place of business at Two North Main Street, Greenville, South Carolina 29601 and the customer ("Customer"): 1, Services to be Provided; PrOpOSaI(S)NuVox agrees to provide and Customer agrees to purchase from NuVox the Services and equipment ("Services") described on the Proposal(s) or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated herein by reference. 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 Terminatlon FeeSThis 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 of 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 parry 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. 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. 1F CUSTOMER TERMINATES THIS CSA AND/OR ANY SERVICES A T A LOCATION PRIOR TO THE EXPIRATION OF THE THEN-CURRENT TERM FOR SUCH LOCATION (OTHER THAN AS PROVIDED ABGVE DUE TO NUVOX'S MATERIAL BREACH), 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 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 R21OCatlOn. Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location. 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. 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 BY REFERENCE: (I) 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) WITH RESPECT TO REGULATED AND UNREGULATED SERVICES PROVIDED !N DETAR/FFED JURISDICTIONS OR /N THE EVENT SOUTH CAROLINA IS DETARIFFED, THE APPLICABLE "TERMS AND CONDITIONS" POSTED AT http://www.nuvox.com; (Ill) WITH RESPECT TO DATA AND INTERNET SERVICES, THE ACCEPTABLE USE POLICY" POSTED AT http://www.nuvox.com; AND (IV) IF CUSTOMER SUBSCRIBES TO GOGGLE SERVICES THROUGH NUVOX, THE "GOGGLE APPS PREMIER EDITION LICENSE" POSTED AT http:// www.nuvox.com. 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.AND (V) IF CUSTOMER SUBSCRIBES TO /SON- PRI SERVICES, THE "ISDN-PRI TERMS AND CONDITIONS OF SERVICE" POSTED AT http.Y/www.nuvox.com. 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.I n the event of any conflict between the provisions of this CSA and the Tariffs and/ t "Terms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and o itions" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. Customer Initials ,, PRIVATE/PROPRIETARY Contains Private andlor Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. 5. Charges Rate 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 RATES ON AT LEAST THIRTY (30) DAYS NOTICE. Billing at a location will begin upon the earlier of (i) the Installation Date; or {ii) thirty (30) days after delivery of the applicable facility to the Customer premises by the facility provider (if the delay in connection of the facility is due to Customer). Customer shall pay all costs and expenses of collection of any amounts due from Customer hereunder, including reasonable attomey'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 for Equipment and Services• 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. Any equipment installed by NuVox on Customer's premises 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 we(I as any attorney's fees and costs. 7. Disclaimer of Warranties: Limitation Of Liabil%tV. FOR PURPOSES OF THIS SECTION, "NUVOX" INCLUDES NUVOX AS DEFINED IN THE INTRODUCTORY PARAGRAPH OF THIS CSA, ITS 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-INGRINGEMENT, 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 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(COLLECTIVELY, "DAMAGES')), 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. IF CUSTOMER IS LOCATED /N A JURISDICTION THAT PROHIBITS DISCLAIMERS, THE LIABILITY OF NUVOX FOR DAMAGES /N ANY CAUSES OF ACTION SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN-CURRENT CREDIT POLICY. 8. Entire CSA; Modification. This csA, incorporated documents 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 modifications must be in writing and signed by a Manager or Director on behalf of NuVox. Hand-written or typed changes to 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 the state of South Carolina, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. NuVox may assign this CSA or delegate its duties, in whole or in part. If any provisions of this CSA are held unenforceable, the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision had been substituted, consistent with applicable laws and the undertakings of the parties. 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: ~i ~ ~ ~ PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. .~ NVC-0010-20-01 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: ~E (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: QQ PRINTED NAQM~E: ~60~`B~ , ~ TITLE: _ C~ ®~~~~~. ~'y0~ ~.~~/~~ COMPANY NAME: VILLAGE OF N. PALM BEACH -COMMUNITY CENTER COMPANY INSTALLATIO ADD ESS: 1200 PROPERITY FARMS RD, NORTH PALM BEACH, FL, 334104414 ~~~® ~~ 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. Letter of Agency Contact Name: M'I Chael Applegate Sales Office; WEST PALM BEACH BTN: 5616270189 Dealer Name: Company Name: ~ Sales Rep Name: Jason Kirk Install Address: Order Date: Current Carrier: Additional BTNs: Authorization to Change Service Provider{s) On behalf of the Company, I hereby authorize NuVox, Inc. ("NuVox") to change my Company's provider(s) for the following services from my current telecommunications carrier(s) to NuVox for each of the telephone numbers listed below (check all that are applicable): Local ~ ~~ Intrastate, IntraLATA Long Distance Service (also known as local toll) Interstate, InterLATA and International Long Distance Internet ~~ I represent that I am at least eighteen years of age, I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intraLATA carrier, and one InterLATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. I understand that the monthly rate plan does not include taxes or applicable regulatory fees. I choose NuVox to act as my agent in order to effectuate the change(s) and authorize NuVox to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating NuVox to act as my agent, I do not permit NuVox to change my service to a carrier other than NuVox. In addition, I authorize NuVox to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement will remain in effect until revoked in s~riting by the Gompar+.y. Numbers:; I understand that I may consult Vox Communications, Inc. as to whether a fee applies to change from the Company's current telecommunications carrier Ica i s, Inc. ~ ~~®~~ Company Signature: Date: I understand that by signing above, Company's preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. 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 911 Important Information for Your Business ~~ R,. As a VoxIP customer, you are aware that your communications services with NuVox are delivered using Voice over Internet Protocol (VoIP) technology. You may also know that some companies were offering communications services using VoIP technology to consumers without adequately ensuring that consumers can use 911 services. For this reason, the Federal Communications Commission (FCC) now requires all VoIP providers, including NuVox, to inform their customers of any differences between the offered 911 access capability and the capabilities available with traditional telephone services. Each customer must sign and return an acknowledgement of those differences before they can receive service. You may obtain a copy of the FCC's requirements at http://www.fcc.yov/cbg/voip911 order.pdf As your NuVox sales person explained when you selected VoxIP, NuVox has worked hard to ensure that 911 services are available to our VoxIP customers via our voice network that has been in place for over seven years for business class voice services. Our gold standard 91.4 architecture differentiates NuVox from- rnany consumer VoIP .providers,. and is one of the many reasons why NuVox's VoxIP product is an excellent fit for so many businesses. 911 Ensuring Your Business is Safe -Differences for Broadband 911 Below are some steps you should take to ensure 911 is available to your business regardless of whether your services are delivered via VoIP or over a broadband connection without VoIP. • Provide for back-up power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including 911 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. During a loss of power, the UPS will be engaged, thereby protecting your ability to access 911. • Protect your broadband T1 connection and equipment. Do not disable, tamper with or attempt to move your integrated access device (IAD) to a location other than the location at which you indicated to NuVax you would use the IAD in your Customer Service Agreement. Additionally, ensure that your "communications closet" is in a secure location, thus reducing the opportunity of someone accidentally to disrupt your broadband connection or damage your VoxIP equipment. As with any services provided over a broadband connection and, unlike traditional telephone services, your broadband connection must be in place for you to contact 911. Please take necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means such as a NetPlus line for accessing 911 in those circumstances. NuVox will also do its best to ensure that you do not experience any broadband outages but NuVox is required to apprise you that such outages are possible and will affect 911 services. • Make sure you give NuVox your correct services address. For 911 services to work for either traditional telephone service or VoxIP, you must ensure that you always advise NuVox of your current address for service. If you wish to move to a new service address, please call 800-600-5050. Otherwise, emergency personnel could be dispatched to an incorrect address, or not dispatched at all. Because you may not be able to access 911 emergency services under the circumstances described above you should ensure that you have some alternate means of contacting 911 emergency services, like NuVox's NetPlus line or a cellular phone. In addition, you should 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 PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. this, you will receive stickers in your Welcome Kit describing the limitations on 911 availability, which you should place on or near the equipment used to access VoxIP.At NuVox, we understand your communications are critical to your business. We appreciate your entrusting NuVox to provide service to you. If we can be of assistance with 911 or any matter related to your NuVox service, please contact our Customer Care team at 800-600-5050. 911 Acceptance Letter for NuVox Customers I have received and understood this notice regarding NuVox's broadband 911 service and how it differs from traditional 911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I will receive warning stickers explaining that 911 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 do not receive the stickers, I will contact NuVox's Customer Care team at 800-600-5050. understand That NuVox is committed to ensuring that my 9.1.1- service functions properly, but that too have responsibilities for making sure that 911 is available at all times. Comp~fy~epresentative Two North Main Street Greenville, SC 29601 (864) 672-5050 www.nuvox.com PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Page: 1 NuVox Communications VILLAGE OF N. PALM BEACH -PUBLIC SERVICES VILLAGE OF N. PALM Customer Name BEACH -PUBLIC EAN 4071782 SERVICES Install Street Address 645 PROPERITY FARMS City, State, Zip NORTH PALM BEACH, Florida , RD 33408-4799 Main Telephone Number (561)691-3440 Market WEST PALM BEACH Contact Name Mike Applegate Proposal ID 1240120 Account Representative Jason Kirk Proposal Type New Dealer Name Term 3 Years • P ~ ~• •~ Voxlnternet Bandwidth 1.5 Mb -- -- -- Total VoxIP Services $540.89 $351.10 Voxlnternet Data Features Data Equipment Maintenance -- 1 $10.95 $10.95 Static IP Address -- 1 $2.95 $2.95 VoxNet Features Management Portal -- 1 $15.00 $.00 VoxNET QoS Gold -- 1 $300.00 $150.00 Total VoxIP Features $163.90 Total Estimated Long Distance $.00 •. -. Installation Charges Installation $1,000.00 $.00 Total Fees $.00 Promotion -First Month Free Authorized NuVox Representative Initial ~~ _ Authorized Customer Initial U ~.~ 10 Jun 2009 14:12:29 ET Page: 2 Total Monthly Recurring Charges Total Non-Recurring Charges $515.00 $.00 In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for maintaining a Minimum Monthly Commitment of 85% of their Total Monthly Recurring Charges. Minimum Monthly Commitment $437.75 Authorized NuVox Representative Name Authorized NuVox Representative Signature Authorized Customer Name ~~ ~~~~ ~ u~p~ Date ~ ~ ~ ~ ~ ~ /~ ~~~ Date Authorized Customer Signature In the event of a customer move, an installation charge for service at the new location will be incurred by the customer based on the months of active service: $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. This pricing does not include any applicable federal, state or local taxes, USF or E911 charges. FCC, ICC and LNP charges are not applicable to bundled rates. A La Carte and NetPlus Services will incur FCC, ICC, and LNP charges. This proposal may not include all regulated Federal or local charges that will appear on your bill, including: FCC Access, ICC, LNP, USF, TRS, or any other State or local taxes. Emergency Service (E911) charges vary depending on your county/parish and the type of service you've selected; therefore, these rates are not included in the amount quoted above. NuVox Communications will provide CSU/DSU, Channel Bank, and Router if applicable. The customer may not request specific brand or type of equipment. Internet Service requires properly configured peer-to-peer or ciient/senrer Ethernet network capable of connecting to a router at 10BaseT. Customer responsible for 10BaseT connection. Equipment adminstration fees may apply. FREE minutes of long distance (intraLATA, intrastate, interstate and 800 inbound usage) per account only occurs if customer purchases a minimum of one facility voice line. Free LD does not include NetPlus Lines. Fixed rate per minute listed on the proposal is applied to all additional domestic LD above the total free minutes listed. ConnectU, Phone Cards, and International Usage are billed at our current tariff rates. Calling Card Surcharge $.35 per call. Authorized NuVox Representative Initial Authorized Customer Initial 10 Jun 2009 14:12:29 ET Page: 3 Each Party owns and reserves all rights to its own information. All information exchanged is confidential, and further disclosure or use is restricted. This proposal is part of and governed by the conditions of the Customer Service Agreement for Network Services between the Customer and NuVox. NuVox's provision of additional services shall be governed by the Customer Service Agreement for Network Services between the Customer and NuVox. Authorized NuVox Representative Initial Authorized Customer Initial 10 Jun 2009 14:12:29 ET Legal & Regulatory Customer Service Agreement March 17, 2009: Revision X Page: 1 of 2 CUSTOMER SERVICE AGREEMENT f ~ Customer Name: VILLAGE OF N. PALM BEACH -PUBLIC SERVICES `x New Customer Address for service: 645 PROPERITY FARMS RD Existing City: NORTH PALM BEACH State: FL Zip: 334084799 Customer Services to be provided at above location unless different address indicated on Proposal(s) attached hereto. ! ®1 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 (which includes its officers, directors, shareholders, employees, agents and subcontractors), aDelaware corporation having its principal place of business at Two North Main Street, Greenville, South Carolina 29601 and the customer ("Customer"): 1. Services to be Provided; PrOpOSaIIS)NuVox agrees to provide and Customer agrees to purchase from NuVox the Services and equipment ("Services") described on the Proposal(s) or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated herein by reference. 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 suifabitity 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 FeeSThis 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. 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 COMMIT!l4ENT OR RENEWAL TERM. !F 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 DUE TO NUVOX'S MATERIAL BREACH), 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 MULTIPLIED BY THE NUMBER OF MONTHS REMAINING /N THE THEN CURRENT TERM. CUSTOMER AGREES THAT THE ACTUAL DAMAGE TO NUVOX /S 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 R@IOCatIOn. Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location. 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. 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 TH/S CSA INCORPORATES BY REFERENCE: (I) 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) WITH RESPECT TO REGULATED AND UNREGULATED SERVICES PROVIDED IN DETARIFFED JURISDICTIONS OR /N THE EVENT SOUTH CAROLINA /S DETARIFFED, THE APPLICABLE "TERMS AND CONDITIONS" POSTED AT http://www.nuvox.com; (111) WITH RESPECT TO DATA AND INTERNET SERVICES, THE ACCEPTABLE USE POLICY" POSTED AT http://www.nuvox.com; AND (IV) IF CUSTOMER SUBSCRIBES TO GOGGLE SERVICES THROUGH NUVOX, THE "GOGGLE APPS PREMIER EDITION LICENSE" POSTED AT http:// www.nuvox.com. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES /S SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO T/ME.AND (V) IF CUSTOMER SUBSCRIBES TO /SDN- PR/ SERVICES, THE "ISDN-PRI TERMS AND CONDITIONS OF SERVICE" POSTED AT http://www.nuvox.com. 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.I n the event of any conflict between the provisions of this CSA and the Tariffs and/or th erms and Conditions," the provisions of the Tariffs or the Google Apps Premier Edition License shall control followed by the "Terms and Con ns" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. Customer Initials PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. 5. Charges Rate 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 RATES ON AT LEAST THIRTY (30) DAYS NOTICE. Billing at a location will begin upon the earlier of (i) the Installation Date; or (ii) thirty (30) days after delivery of the applicable facility to the Customer premises by the facility provider (if the delay in connection of the facility is due to Customer). 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 for Equipment and Services: 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. Any equipment installed by NuVox on Customer's premises 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: LimitafiOn Of LlabllltV. FOR PURPOSES OF THIS SECTION, "NUVOX"INCLUDES NUVOXAS DEFINED /N THE INTRODUCTORY PARAGRAPH OF THIS CSA, ITS 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-INGRINGEMENT, 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 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(COLLECTIVELY, `DAMAGES')), WHETHER /N 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. IF CUSTOMER IS LOCATED IN A JURISDICTION THAT PROHIBITS DISCLAIMERS, THE LIABILITY OF NUVOX FOR DAMAGES /N ANY CAUSES OF ACTION SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN-CURRENT CREDIT POLICY. 8. Entire CSA: Modification. This CSA, incorporated documents 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 modifications must be in writing and signed by a Manager or Director on behalf of NuVox. Hand-written or typed changes to 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 the state of South Carolina, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. NuVox may assign this CSA or delegate its duties, in whole or in part. If any provisions of this CSA are held unenforceable, the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision had been substituted, consistent with applicable laws and the undertakings of the parties. 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 ~s Signature: ~ Printed Name: / Signature: ~ ~, Pnnted Name: ~Q ~ ~ ~ ~'~ "" ~ ~ C~~ "rte- 0 ~(G~ _ --- Title: ~ b ~~ Date: V`- ~9/~ ~~~ _--- - -- Title ~//T Date: ~]] f ~ ~1 ~1 PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. NVC-0010-20-01 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): COMPANY NAME: VILLAGE OF N. PALM BEACH -PUBLIC SERVICES COMPANY INSTALLATION ADDRESS: 645 PROPERITY FARMS RD, NORTH PALM BEACH, FL, 334084799 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. Letter of Agency Contact Name: M1 Chd2~ Appl @gdt2 Sales Office: WEST PALM BEACH BTN: 5616913440 Dealer Name: Company Name: ~ Sales Rep Name: Jason Kirk Install Address: Order Date: Current Carrier: Additional BTNs: Authorization to Change Service Provider(s) On behalf of the Company, I hereby authorize NuVox, Inc. ("NuVox") to change my Company's provider(s) for the following services from my current t~el-eco®mmunications carrier(s) to NuVox for each of the telephone numbers listed below (check all that are applicable): 1 ~ Local I u~ ~~ Intrastate, IntraLATA Long Distance Service (also known as local toll) I ~ Interstate, InterLATA and International Long Distance Internet I represent that I am at least eighteen years of age. I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intraLATA carrier, and one InterLATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. I understand that the monthly rate plan does not include taxes or applicable regulatory fees. I choose NuVox to act as my agent in order to effectuate the change(s) and authorize NuVox to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating NuVox to act as my agent, I do not permit NuVox to change my service to a carrier other than NuVox. In addition, I authorize NuVox to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement will remain in effect until revoked in writing by the Company. Numbers: ~ ~ a e~ I understand that I may consult Vox Communications . as to whether a fee applies to change from the Company's current telecommunications carriers ommun ns, Inc. Company Signature: Date: ~ ~® I understand that by signi above, Company's preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. 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 911 Important Information for Your Business As a VoxIP customer, you are aware that your communications services with NuVox are delivered using Voice over Internet Protocol (VoIP) technology. You may also know that some companies were offering communications services using VoIP technology to consumers without adequately ensuring that consumers can use 911 services. For this reason, the Federal Communications Commission (FCC) now requires all VoIP providers, including NuVox, to inform their customers of any differences between the offered 911 access capability and the capabilities available with traditional telephone services. Each customer must sign and return an acknowledgement of those differences before they can receive service. You may obtain a copy of the FCC's requirements at htto://www.fcc.gov/cbg/voi~911 order.pdf As your NuVox sales person explained when you selected VoxIP, NuVox has worked hard to ensure that 911 services are available to our VoxIP customers via our voice network that has been in place for over seven years for business class voice services. Our gold standard 911 architecture differentiates NtaVox 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. 911 Ensuring Your Business is Safe -Differences for Broadband 911 Below are some steps you should take to ensure 911 is available to your business regardless of whether your services are delivered via VoIP or over a broadband connection without VoIP. • Provide for back-up power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including 911 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. During a loss of power, the UPS will be engaged, thereby protecting your ability to access 911. Protect your broadband T1 connection and equipment. Do not disable, tamper with or attempt to move your integrated access device (IAD) to a location other than the location at which you indicated to NuVox you would use the IAD in your Customer Service Agreement. Additionally, ensure that your "communications closet" is in a secure location, thus reducing the opportunity of someone accidentally to disrupt your broadband connection or damage your VoxIP equipment. As with any services provided over a broadband connection and, unlike traditional telephone services, your broadband connection must be in place for you to contact 911. Please take necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means such as a NetPlus line for accessing 911 in those circumstances. NuVox will also do its best to ensure that you do not experience any broadband outages but NuVox is required to apprise you that such outages are possible and will affect 911 services. • Make sure you give NuVox your correct services address. For 911 services to work for either traditional telephone service or VoxIP, you must ensure that you always advise NuVox of your current address for service. If you wish to move to a new service address, please call 800-600-5050. Otherwise, emergency personnel could be dispatched to an incorrect address, or not dispatched at all. Because you may not be able to access 911 emergency services under the circumstances described above you should ensure that you have some alternate means of contacting 911 emergency services, like NuVox's NetPlus line or a cellular phone. In addition, you should 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 PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. this, you will receive stickers in your Welcome Kit describing the limitations on 911 availability, which you should place on or near the equipment used to access VoxIP.At NuVox, we understand your communications are critical to your business. We appreciate your entrusting NuVox to provide service to you. If we can be of assistance with 911 or any matter related to your NuVox service, please contact our Customer Care team at 800-600-5050. 911 Acceptance Letter for NuVox Customers I have received and understood this notice regarding NuVox's broadband 911 service and how it differs from traditional 911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I will receive warning stickers explaining that 911 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 do not receive the stickers, I will contact NuVox's Customer Care team at 800-600-5050. t understand- that NUVox is committed to ensuring that my 911 service functions properly, but that too have responsibilities for making sure that 911 is available at all times. Date Two North Main Street Greenville, SC 29601 (864) 672-5050 www.nuvox.com PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. Vok_ VILLAGE OF N. PALM Customer Name BEACH -REC CENTER Install Street Address 603 ANCHORAGE DR Main Telephone Number (561)848-6795 Contact Name Mike Applegate Account Representative Jason Kirk Dealer Name Voxlnternet Bandwidth Total VoxIP Services Voxlnternet Data Features Data Equipment Maintenance Static IP Address VoxNet Features Management Portal VoxNET QoS Gold Total VoxIP Features Total Estimated Long Distance Installation Charges Installation Total Fees Promotion -First Month Free Authorized NuVox Representative Initial Authorized Customer Initial Page: 1 NuVox Communications VILLAGE OF N. PALM BEACH -REC CENTER EAN 4071792 Zip City State NORTH PALM BEACH, Florida , , , 33408-3701 Market WEST PALM BEACH ProposallD 1240140 Proposal Type New Term 3 Years 1.5 Mb -- -- -- $571.44 $351.10 -- 1 $10.95 $10.95 -- 1 $2.95 $2.95 -- 1 $15.00 $.00 -- 1 $300.00 $150.00 $163.90 $.00 $1,000.00 $.00 $.00 10 Jun 2009 14:13:13 ET Page: 2 Total Monthly Recurring Charges Total Non-Recurring Charges $515.00 $.00 In the event the customer makes changes to their services during the initial term of agreement, customer is responsible for maintaining a Minimum Monthly Commitment of 85% of their Total Monthly Recurring Charges. Minimum Monthly Commitment $437.75 Authorized NuVox Representative Name Authorized NuVox Representative Signature Authorized Customer Name Authorized Customer Signature Date" ~~® B In the event of a customer move, an installation charge for service at the new location will be incurred by the customer based on the months of active service: $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. This pricing does not include any applicable federal, state or local taxes, USF or E911 charges. FCC, ICC and LNP charges are not applicable to bundled rates. A La Carte and NetPlus Services will incur FCC, ICC, and LNP charges. This proposal may not include all regulated Federal or local charges that will appear on your bill, including: FCC Access, ICC, LNP, USF, TRS, or any other State or local taxes. Emergency Service (E911) charges vary depending on your county/parish and the type of service you've selected; therefore, these rates are not included in the amount quoted above. NuVox Communications will provide CSU/DSU, Channel Bank, and Router if applicable. The customer may not request specific brand or type of equipment. Internet Service requires properly configured peer-to-peer or client/server Ethernet network capable of connecting to a router at 106aseT. Customer responsible for 106aseT connection. Equipment adminstration fees may apply. FREE minutes of long distance (intraLATA, intrastate, interstate and 800 inbound usage) per account only occurs if customer purchases a minimum of one facility voice line. Free LD does not include NetPlus Lines. Fixed rate per minute listed on the proposal is applied to all additional domestic LD above the total free minutes listed. ConnectU, Phone Cards, and International Usage are billed at our current tariff rates. Calling Card Surcharge $.35 per call. Authorized NuVox Representative Initial Authorized Customer Initial ~ p Date ~ 0 ~ ~U ~ 10 Jun 2009 14:13:13 ET Page: 3 • Each Party owns and reserves all rights, to its own information. All information exchanged is confidential, and further disclosure or use is restricted. This proposal is part of and governed by the conditions of the Customer Service Agreement for Network Services between the Customer and NuVox. NuVox's provision of additional services shall be governed by the Customer Service Agreement for Network Services between the Customer and NuVox. Authorized NuVox Representative Initial Authorized Customer Initial r' . ~a .~ 10 Jun 2009 14:13:13 ET r,. _ ~ . CUSTOMER SERVICE AGREEMENT Legal & Regulatory Customer Service Agreement March 17, 2009: Revision X Page: 1 of 2 Customer Name: VILLAGE OF N. PALM BEACH - REC CENTER (x New Customer Address for service: 603 ANCHORAGE DR Existing City: NORTH PALM BEACH ~~ State: FL Zip: 334083701 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 (which includes its officers, directors, shareholders, employees, agents and subcontractors), aDelaware corporation having its principal place of business at Two North Main Street, Greenville, South Carolina 29601 and the customer ("Customer"): 1. Services to be Provided; PrOpOSaI(S1NuVox agrees to provide and Customer agrees to purchase from NuVox the Services and equipment ("Services") described on the Proposal(s) or set forth in NuVox's Terms and Conditions or Tariffs, each incorporated herein by reference. 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 FeeSThis 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. 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 DUE TO NUVOX'S MATERIAL BREACH), 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 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 RelOCatlOn. Customer agrees to provide sixty (60) days advance notice to NuVox if Customer will move Services to a different location. 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. 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 BY REFERENCE: (I) 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; (ll) WITH RESPECT TO REGULATED AND UNREGULATED SERVICES PROVIDED IN DETARIFFED JURISDICTIONS OR /N THE EVENT SOUTH CAROLINA IS DETARIFFED, THE APPLICABLE "TERMS AND CONDITIONS" POSTED AT http://www.nuvox.com; (Ill) WITH RESPECT TO DATA AND INTERNET SERVICES, THE `ACCEPTABLE USE POLICY" POSTED AT http://www.nuvox.com; AND (IV) IF CUSTOMER SUBSCRIBES TO GOGGLE SERVICES THROUGH NUVOX, THE "GOGGLE APPS PREMIER EDITION LICENSE" POSTED AT http:// www.nuvox.com. 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 T/ME.AND (V) IF CUSTOMER SUBSCRIBES TO ISDN- PRI SERVICES, THE "ISDN-PR/ TERMS AND CONDITIONS OF SERVICE" POSTED AT http://www.nuvox.com. CUSTOMER'S INITIAL AND CONTINUED USE OF THE SERVICES /S SUBJECT TO CUSTOMER'S AGREEMENT TO ALL OF THE DOCUMENTS REFERRED TO HEREIN, AS THEY MAY CHANGE FROM TIME TO TIME.I n 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 Con ns" and then this CSA. For regulated services, any claim or dispute by Customer must be referred to the applicable regulatory agency. Customer Initials PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. 5. Charges Rate Changes; Bllllng. 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 RATES ON AT LEAST THIRTY (30) DAYS NOTICE. Billing at a location will begin upon the earlier of (i) the Installation Date; or (ii) thirty (30) days after delivery of the applicable facility to the Customer premises by the facility provider (if the delay in connection of the facility is due to Customer). 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 for Equipment and Services: 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. Any equipment installed by NuVox on Customer's premises 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; Llmltatlon Of Liability. FOR PURPOSES OF THIS SECTION, "NUVOX"INCLUDES NUVOX AS DEFINED IN THE INTRODUCTORY PARAGRAPH OF THIS CSA, ITS 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-INGRINGEMENT, WARRANTYAR/S/NG 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 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(COLLECTIVELY, "DAMAGES')), WHETHER /N 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. IF CUSTOMER /S LOCATED /N A JURISDICTION THAT PROHIBITS DISCLAIMERS, THE LIABILITY OF NUVOX FOR DAMAGES /N ANY CAUSES OF ACTION SHALL BE LIMITED TO CREDITS FOR INTERRUPTED SERVICES, IF ANY, IN ACCORDANCE WITH NUVOX'S THEN-CURRENT CREDIT POLICY. 8. Entire CSA: Modification. This CSA, incorporated documents 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 modifications must be in writing and signed by a Manager or Director on behalf of NuVox. Hand-written or typed changes to 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 the state of South Carolina, without regard to its choice of law rules. Customer may not assign this CSA without the written consent of NuVox. NuVox may assign this CSA or delegate its duties, in whole or in part. If any provisions of this CSA are held unenforceable, the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision had been substituted, consistent with applicable laws and the undertakings of the parties. 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: ®~~,P ~~ f'-~~-.- ~ Title: ~ ~~ Date: ~ ~o.~ -_~~ ~~ !~ ~~ ~ ~A~ Printed Name: Title Date: F-, ~ i~ ~S ear _ ~ O~C~.~ (a Il`~r // ~ ~ ,o PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. ~. NVC-0010-20-01 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): COMPANY INSTALLAT ON ADDRESS: 603 ANCHORAGE DR, NORTH PALM BEACH, FL, 334083701 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. COMPANY NAME: VILLAGE OF N. PALM BEACH - REC CENTER Letter of Agency Contact Name: M1 Chdel Appl egdte i sales Office: WEST PALM BEACH I BTN: 5618486795 ( Dealer Name: ~~~ Company Name: Sales Rep Name: Jason Kirk Install Address: Order Date: Current Carrier: Additional BTNs: Authorization to Change Service Provider(s) On behalf of the Company, I hereby authorize NuVox, Inc. ("NuVox") to change my Company's provider(s) for the following services from my current telecommunications carrier(s) to NuVox for each of the telephone numbers listed below (check all that are applicable): ( ~ Local ~- ~ ~ Intrastate, IntraLATA Long Distance Service (also known as local toll) Interstate, InterLATA and International Long Distance Internet I represent that I am at least eighteen years of age. I also represent that I am the party identified in the account records of my local telephone company as responsible for payment or that I have the authority to change telecommunications carriers for each of the telephone numbers identified herein. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intraLATA carrier, and one interLATA carrier per telephone number. I also understand that by checking beside the services listed above that Company's preferred carrier for the selected services will be changed, but only for those numbers set forth below. I understand that the monthly rate plan does not include taxes or applicable regulatory fees. I choose NuVox to act as my agent in order to effectuate the change(s) and authorize NuVox to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, joint user group(s), equipment vendor(s) and consultant(s). By designating NuVox to act as my agent, I do not permit NuVox to change my service to a carrier other than NuVox. In addition, I authorize NuVox to issue all necessary instructions to the foregoing for the purpose of fulfilling its agency on my behalf. This agreement will remain in effect until revoked in writing by the Company. Numbers: I understand that I may consult uvox Communications, Inc. as to whether a fee applies to change from the Company's current telecommunications carriers tions, Inc. ~~ Company Signature: Date: I understand that by signing above, Company's preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. 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 911 Important Information for Your Business N U VAX, As a VoxIP customer, you are aware that your communications services with NuVox are delivered using Voice over Internet Protocol (VoIP) technology. You may also know that some companies were offering communications services using VoIP technology to consumers without adequately ensuring that consumers can use 911 services. For this reason, the Federal Communications Commission (FCC) now requires all VoIP providers, including NuVox, to inform their customers of any differences between the offered 911 access capability and the capabilities available with traditional telephone services. Each customer must sign and return an acknowledgement of those differences before they can receive service. You may obtain a copy of the FCC's requirements at http://www,fcc.gov/cbg/voip911 order.pdf As your NuVox sales person explained when you selected VoxIP, NuVox has worked hard to ensure that 911 services are available to our VoxIP customers via our voice network that has been in place for over seven years for business class voice services. Our gold standard 944 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. 911 Ensuring Your Business is Safe -Differences for Broadband 911 Below are some steps you should take to ensure 911 is available to your business regardless of whether your services are delivered via VoIP or over a broadband connection without VoIP. Provide for back-up power. If power is lost at your facility, all communications over a broadband T1 will be interrupted, including 911 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. During a loss of power, the UPS will be engaged, thereby protecting your ability to access 911. Protect your broadband T1 connection and equipment. Do not disable, tamper with or attempt to move your integrated access device (IAD) to a location other than the location at which you indicated to NuVox you would use the IAD in your Customer Service Agreement. Additionally, ensure that your "communications closet" is in a secure location, thus reducing the opportunity of someone accidentally to disrupt your broadband connection or damage your VoxIP equipment. As with any services provided over a broadband connection and, unlike traditional telephone services, your broadband connection must be in place for you to contact 911. Please take necessary measures to prevent a broadband connection disruption through accidental disruption, service suspension for nonpayment, or any other reason, and arrange for alternate means such as a NetPlus line for accessing 911 in those circumstances. NuVox will also do its best to ensure that you do not experience any broadband outages but NuVox is required to apprise you that such outages are possible and will affect 911 services. • Make sure you give NuVox your correct services address. For 911 services to work for either traditional telephone service or VoxIP, you must ensure that you always advise NuVox of your current address for service. If you wish to move to a new service address, please call 800-600-5050. Otherwise, emergency personnel could be dispatched to an incorrect address, or not dispatched at all. Because you may not be able to access 911 emergency services under the circumstances described above you should ensure that you have some alternate means of contacting 911 emergency services, like NuVox's NetPlus line or a cellular phone. In addition, you should 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 PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement. this, you will receive stickers in your Welcome Kit describing the limitations on 911 availability, which you should place on or near the equipment used to access VoxIP.At NuVox, we understand your communications are critical to your business. We appreciate your entrusting NuVox to provide service to you. If we can be of assistance with 911 or any matter related to your NuVox service, please contact our Customer Care team at 800-600-5050. 911 Acceptance Letter for NuVox Customers I have received and understood this notice regarding NuVox's broadband 911 service and how it differs from traditional 911 services. I also acknowledge that my ability to contact emergency services by dialing 911 may be limited or nonexistent under certain circumstances. I will receive warning stickers explaining that 911 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 do not receive the stickers, I will contact NuVox's Customer Care team at 800-600-5050. understand that Nu-Vox is commi#ted to ensuring that my 911 service #unctions properly, but that l too have responsibilities for making sure that 911 is available at all times. Compagj~rsentative Title fe~ Company Name ~fU/~ Date Two North Main Street Greenville, SC 29601 (864) 672-5050 www.nuvox.com PRIVATE/PROPRIETARY Contains Private and/or Proprietary Information. May not be used or disclosed outside NuVox except pursuant to a written agreement.