NEXOGY agrees to provide Customer with hosted PBX services for local and long distance telecommunication services, internet services, call recording capabilities, and/or any other services selected on the form entitled “Fees and Hardware/Services Selected” attached hereto as Exhibit A and on any future amendments during the Term and successive terms (collectively “Service” or “Services”).
NEXOGY may, at its sole discretion, decline to provide Services in connection with support, troubleshooting and/or repairing problems in connection with products not sold by NEXOGY directly to Customer, including equipment, products or services provided by third parties. If NEXOGY agrees to perform Services in connection with troubleshooting and repairing problems with Customer’s telephone system or any other problem arising in whole or in part out of Customer’s network malfunction or deficiency, products or services provided by Customer (equipment, products or services provided by Customer includes equipment, products or services provided by third parties for purposes of this Agreement) or acts or omissions of Customer or third parties, NEXOGY will charge Customer for said Services at the hourly rate of Eighty Dollars ($80.00), which rate may be changed periodically by NEXOGY in its sole discretion. In addition, NEXOGY agrees to comply with the Service Level Agreement posted on NEXOGY’S website, www.nexogy.com (“Website”) and specifically at www.nexogy.com/legal.
In the event Customer terminates a Service, including without limitation any Data Services (subject to paragraph 8(b)), prior to the start of Service date (“Installation Date” or “Start of Service Date”) or subsequent thereto, Customer shall pay NEXOGY, (1) the price set by LD Telecom for phones, equipment, hardware or products financed or leased by NEXOGY to Customer, (2) all third-party charges paid or incurred by NEXOGY as a result of the termination and arising out of this Agreement, including without limitation the any Data Service
Termination Fee set forth on Exhibit A and charged if the Data Service is terminated on or before the Installation Date (there may be additional fees charged by third parties for termination of Data Service) and all other amounts paid or owed to third parties by NEXOGY in connection with the purchase, lease or providing of equipment, phones, hardware or products to Customer as a result of this Agreement, in addition to (3) all other amounts recoverable under this Agreement or under applicable law. Customer shall pay for all products and hardware listed on Exhibit A in connection with the Services.