Business Analog Line Document

BUSINESS ANALOG LINE AGREEMENT

This Business Analog Line Agreement (the Agreement) is entered into as of between Provider Name: and Client Name: .

WHEREAS

WHEREAS, Provider is in the business of supplying and maintaining public switched telephone network analog lines and related telecommunication services; and

WHEREAS, Client desires to obtain from Provider, and Provider agrees to furnish to Client, an analog telephone line service (the Service) at the Service Location described below under the terms and conditions set forth in this Agreement.

WHEREAS, the parties intend for this Agreement to set forth the entire understanding and allocation of risks between them with respect to the Service.

SERVICE LOCATION & SPECIFICATIONS

SCOPE OF WORK

Provider shall furnish, install (if applicable), activate and maintain the analog line(s) described above in accordance with industry standards and this Agreement. Provider's obligations include testing of dial tone, outbound and inbound calling capability, and basic maintenance to restore service following interruptions, subject to limitations set forth herein. Specific tasks, deliverables and milestones are described below.

PAYMENT TERMS

As consideration for the Service, Client shall pay Provider the fees set forth below. All fees are due in accordance with the payment schedule and are exclusive of taxes which Client shall pay in addition unless a valid exemption applies.

Late payments shall accrue interest at the rate of or the maximum permitted by applicable law, whichever is less. Client shall be responsible for all collection costs, including reasonable attorneys' fees, incurred by Provider in collecting overdue amounts.

TERM AND TERMINATION

This Agreement shall commence on the Start Date and continue for the Initial Term, unless earlier terminated as provided herein.

Start Date:     End Date:     Initial Term:

Either party may terminate this Agreement for material breach by the other party upon days' prior written notice if the breach remains uncured at the expiration of such period. Additionally, either party may terminate for convenience upon days' prior written notice to the other party, subject to any early termination fees specified herein.

CONFIDENTIALITY

"Confidential Information" means all non-public information disclosed by one party to the other, whether oral, written or electronic, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party shall: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose such information to any third party except as expressly permitted herein; and (c) use such information solely for the performance or enforcement of this Agreement. The foregoing obligations shall not apply to information that is or becomes publicly available without breach of this Agreement, is rightfully received from a third party without restriction, is independently developed without use of Confidential Information, or is required to be disclosed by law or valid legal process (provided the disclosing party gives prompt notice to allow the other party to seek protective measures).

LIMITATION OF LIABILITY & INDEMNIFICATION

Except for liability arising from willful misconduct or gross negligence, each party's aggregate liability to the other for any claim arising out of or relating to this Agreement shall not exceed the total fees paid or payable by Client to Provider under this Agreement during the twelve (12) months preceding the event giving rise to the claim. Provider shall indemnify, defend and hold Client harmless from third-party claims arising from Provider's negligent installation or willful misconduct in performing the Service. Client shall indemnify Provider for claims arising from Client's misuse of the Service or alterations made by Client or third parties without Provider's consent.

NOTICES

All notices, requests and communications required or permitted under this Agreement must be in writing and delivered to the addresses below by hand, certified mail, courier, or nationally recognized overnight carrier, and shall be deemed given upon receipt.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without giving effect to conflict of laws principles that would result in the application of the law of any other jurisdiction.

ENTIRE AGREEMENT

This Agreement, including all exhibits and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations, and communications, whether written or oral. No amendment or modification of this Agreement shall be binding unless in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach shall constitute a waiver of any subsequent breach. The parties are independent contractors and nothing herein creates a partnership, joint venture or agency relationship.

Sign Now