Free Telecommunication Service Contract Template
Telecommunication Service Contract
I. INTRODUCTION
This Telecommunication Service Contract ("Agreement") is entered into on [Date] by and between:
Provider
[Your Company Name]
[Your Company Address]
[Your Company Number]
[Your Company Email]
Customer
[Second Party Company Name]
[Second Party Company Address]
[Second Party Company Number]
[Second Party Company Email]
This Agreement outlines the terms under which [Your Company Name] will provide telecommunications services to [Second Party Company Name], effective as of [Date]. For the purpose of this Agreement:
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Service refers to telecommunications services provided, including internet, voice, and related solutions.
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Agreement refers to this document, along with any amendments or addendums.
II. SCOPE OF SERVICES
A. Description of Telecommunications Services
[Your Company Name] will provide the following services to [Second Party Company Name]:
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Mobile Services: Voice and data plans, including domestic and international calls and internet data.
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Internet/Broadband Services: High-speed internet services, including fiber-optic broadband and wireless internet access.
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Voice Services: Landline and VoIP services for business communications.
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Additional Services: Cloud services, security packages, and other supplementary services as outlined in the Service Catalog.
B. Service Availability
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Geographic Coverage: Services are available in the geographic regions outlined in the Service Catalog, including [List of Areas].
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Network Coverage: [Your Company Name] will ensure that services are accessible through a reliable network infrastructure, subject to network capacity and coverage.
C. Service Features and Options
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Internet Services |
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Voice Services |
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Mobile Services |
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Additional Features |
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D. Restrictions on Service Use
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Service Misuse: The Customer shall not engage in any activities that may disrupt or impair the Provider’s services, including but not limited to network abuse, fraud, or illegal use.
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Prohibited Activities: Use of services for illegal activities, including but not limited to spamming, hacking, or any form of unlawful content distribution, is strictly prohibited.
III. TERM AND TERMINATION
A. Initial Term of the Contract
The initial term of this Agreement shall be Duration], beginning on the Effective Date. The contract will automatically continue in force unless terminated as specified under the terms herein.
B. Renewal Terms
Automatic Renewal
This Agreement will automatically renew for successive [Duration] periods unless either party notifies the other in writing of its intent not to renew at least [Notice Period] before the expiration of the current term. This automatic renewal process ensures that services remain uninterrupted, unless the Agreement is terminated as stipulated.
Renewal Process
The Provider will send a written notice of renewal to the Customer at least [Notice Period] prior to the expiration of the current term. The Customer must provide confirmation of their intention to continue services for the renewal period, or else the Agreement will lapse.
C. Termination Rights and Procedures
Customer Termination
The Customer may terminate this Agreement at any time during the term by providing [Notice Period] written notice to [Your Company Name]. Upon receipt of the notice, the Provider will confirm the termination process, including the final billing period and return of any equipment.
Provider Termination
[Your Company Name] reserves the right to terminate this Agreement if the Customer breaches any terms, such as non-payment or unlawful use of services, with [Notice Period] written notice. If termination is due to breach, the Customer will be liable for any outstanding payments up until the termination date.
D. Early Termination Fees
If the Customer terminates the Agreement before the end of the initial term or any renewal period, they shall be liable for an early termination fee of $[00]. This fee covers administrative costs and potential loss of revenue from the premature cancellation.
E. Termination due to Force Majeure
Neither party will be held liable for non-performance or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, strikes, or governmental actions. In such cases, the affected party shall notify the other party promptly and make reasonable efforts to mitigate the effects of the event.
IV. PRICING AND PAYMENT
A. Pricing Structure
The Customer agrees to pay for services based on the pricing structure outlined in the Service Catalog, including recurring subscription fees and any additional charges for usage. The Service Catalog will provide a detailed breakdown of the charges for each service type and any optional add-ons.
B. Payment Terms
Billing Cycle
Payments are due monthly, on or before the [Day] of each month, unless otherwise agreed. The Customer will receive an itemized invoice detailing charges for the billing cycle, including any usage-based charges or adjustments.
Payment Methods
Payments can be made via bank transfer, credit card, or other agreed-upon methods. [Your Company Name] will provide the necessary payment instructions to the Customer and reserve the right to update payment methods as necessary.
C. Taxes and Additional Charges
The Customer is responsible for paying any applicable taxes or government-imposed charges, which will be added to the monthly invoice. These additional charges may include, but are not limited to, sales tax, VAT, or regulatory fees imposed by local authorities.
D. Refunds and Adjustments
In the event of service outages or billing errors, the Customer may request a refund or adjustment for the affected period. Refunds or credits will be issued based on the duration and severity of the service disruption, and the Provider’s decision will be final.
V. SERVICE LEVEL AGREEMENT (SLA)
A. Availability and Uptime Guarantees
[Your Company Name] guarantees 99.9% uptime for all critical services, ensuring minimal service interruptions. This guarantee excludes scheduled maintenance, which will be communicated to the Customer in advance.
B. Response Time for Customer Support
[Your Company Name] commits to providing responsive customer support, with an initial response time of no more than [00] hours for inquiries and technical issues. The response time for more complex issues may vary depending on the nature of the inquiry.
C. Resolution Times for Service Interruptions
In the event of a service interruption, [Your Company Name] will strive to resolve the issue within [Time Period]. If the resolution exceeds this time frame, the Customer may be entitled to service credits as specified in the Agreement.
D. Compensation for Service Downtime
For each full day of service downtime exceeding the uptime guarantee, the Customer may receive a service credit equal to [00]% of the monthly service fee. Service credits are calculated based on the affected service, and no cash refunds will be issued.
E. Exclusions from SLA
The Service Level Agreement does not apply in cases of service interruptions caused by force majeure events, third-party providers, or factors outside the control of [Your Company Name]. Scheduled maintenance, which will be notified in advance, is also excluded from the SLA guarantees.
VI. CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
A. Payment of Fees
The Customer is responsible for paying all fees outlined in the Service Catalog and this Agreement. Failure to pay by the due date may result in suspension or termination of services, subject to the terms of this Agreement.
B. Proper Use of Services
Compliance with Local Laws
The Customer agrees to use the services in accordance with all applicable laws, regulations, and industry standards. The Customer is solely responsible for any legal violations that arise from the use of the services.
Authorized Users
The Customer shall ensure that only authorized personnel or representatives access and use the telecommunications services. The Customer is responsible for ensuring that all users comply with the terms of this Agreement.
C. Maintenance of Equipment
Provider-supplied Equipment
Any equipment provided by [Your Company Name] will be maintained and repaired by the Provider during the term of this Agreement.
Customer-supplied Equipment
The Customer is responsible for maintaining and ensuring the compatibility of any equipment they provide for use with the telecommunications services.
D. Notification of Service Issues or Changes
The Customer agrees to promptly notify [Your Company Name] of any issues with the service or changes that could impact the delivery of services. Failure to report service issues may result in delays in resolving the problem.
E. Protection of Account Information
The Customer must take reasonable precautions to protect their account information, such as login credentials and security codes. Any unauthorized use of the account due to failure in maintaining confidentiality will be the responsibility of the Customer.
VII. PROVIDER OBLIGATIONS AND RESPONSIBILITIES
A. Quality of Service
[Your Company Name] is committed to providing high-quality services and meeting industry standards for reliability and performance. The Provider will use reasonable efforts to maintain network integrity and minimize service disruptions.
B. Timely Provision of Services
[Your Company Name] will ensure that all services are activated and provisioned within the agreed-upon timeframes. Any delays will be communicated promptly to the Customer, along with a revised timeline for service delivery.
C. Technical Support and Customer Service
[Your Company Name] will provide technical support 24/7 through various communication channels, including phone, email, and live chat. The Provider's support team is trained to handle issues ranging from basic troubleshooting to more complex technical problems.
D. Data Privacy and Security
[Your Company Name] will implement industry-standard security measures to protect the Customer’s data. The Provider will not share or sell personal data to third parties without customer consent, except where required by law or necessary to provide services.
E. Regulatory Compliance
[Your Company Name] will comply with all applicable telecommunications regulations, including licensing requirements and consumer protection laws. The Provider will promptly notify the Customer of any changes to applicable regulations that could affect the services.
VIII. CONFIDENTIALITY AND DATA PROTECTION
A. Confidential Information
Definition
Confidential information includes all proprietary, business, and technical information shared between the parties during the term of this Agreement. This includes, but is not limited to, business plans, technical data, and financial information.
Protection of Confidential Information
Both parties agree to keep all confidential information confidential and refrain from disclosing such information to unauthorized parties.
B. Data Privacy and Usage
Personal Data Processing
[Your Company Name] will process personal data in compliance with all applicable data protection laws. The Customer agrees to allow [Your Company Name] to process personal data necessary for the provision of services.
Third-party Data Sharing
[Your Company Name] will not share customer data with third parties, except as required by law or in situations where third parties are involved in the service delivery (e.g., cloud hosting providers).
C. Security Measures
Encryption
All sensitive customer data will be encrypted both during transmission and while stored on the Provider's systems.
Network Security
[Your Company Name] will implement advanced security measures to protect the integrity of its network and prevent unauthorized access.
D. Data Retention and Deletion Policy
Data will be retained for the period required to fulfill the terms of this Agreement or as required by law. After the retention period, the data will be securely deleted or anonymized.
IX. LIABILITY AND INDEMNIFICATION
A. Limitation of Liability
The total liability of [Your Company Name] for any claims arising under this Agreement will be limited to the total amount paid by the Customer during the six-month period preceding the claim. This limitation excludes any liability for gross negligence, fraud, or other intentional misconduct by the Provider.
B. Indemnification by Customer
The Customer agrees to indemnify and hold harmless [Your Company Name] from any claims, damages, or losses arising from the Customer's misuse of the services. This includes violations of intellectual property rights or illegal activities conducted using the Provider’s services.
C. Indemnification by Provider
[Your Company Name] agrees to indemnify and hold harmless the Customer from any third-party claims arising from the Provider's negligence, misconduct, or breach of the Agreement. This indemnification excludes claims related to the Customer’s actions.
D. Exclusions from Liability
[Your Company Name] will not be liable for indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities. The Provider’s liability is further limited by the exclusions outlined in this section.
X. DISPUTE RESOLUTION
A. Informal Resolution
Before initiating formal dispute resolution procedures, both parties agree to attempt to resolve any conflicts through direct negotiation. This may involve meetings, calls, or mediation sessions to find a mutually beneficial solution.
B. Mediation and Arbitration
If a dispute cannot be resolved informally, both parties agree to submit the dispute to mediation or arbitration in [Location]. This process will follow the rules and guidelines set by [Arbitration Body], and the decision will be binding.
C. Jurisdiction and Venue
Any legal actions or proceedings arising from this Agreement shall be brought exclusively in the courts located in [State]. Both parties consent to the personal jurisdiction and venue of these courts.
D. Governing Law
This Agreement will be governed by and construed in accordance with the laws of [State]. Both parties agree to submit to the jurisdiction of the courts in this jurisdiction for any disputes arising out of this Agreement.
XI. MISCELLANEOUS PROVISIONS
A. Amendments and Modifications
Any changes or amendments to this Agreement must be made in writing and signed by both parties. Oral amendments or informal agreements will not be binding.
B. Assignment and Transfer
Neither party may assign, transfer, or delegate any rights or obligations under this Agreement without the written consent of the other party. However, [Your Company Name] may assign or transfer its rights in connection with a merger or acquisition.
C. Force Majeure
Neither party will be held liable for failure to perform obligations due to force majeure events, including natural disasters, acts of government, or disruptions in the telecommunications network. The affected party must notify the other promptly of such events.
D. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will continue in full force. The parties agree to amend any invalid provisions to reflect their original intent.
E. Waiver of Rights
Failure to enforce any provision of this Agreement will not be considered a waiver of that provision. A waiver must be expressed in writing and signed by the party waiving the right.
F. Entire Agreement
This document, including any referenced attachments, constitutes the entire Agreement between the parties. Any previous agreements or understandings, whether written or oral, are superseded by this Agreement.
G. Non-Compete Clauses
If applicable, the Customer agrees not to engage in any activities that compete with [Your Company Name] during the term of this Agreement and for [Period] thereafter. The scope of this non-compete agreement is geographically limited to [Area].
XII. SIGNATURES
The undersigned represent and warrant that they are authorized to sign this Agreement on behalf of their respective parties.
[Your Name]
[Your Company Name]
[Date]
[Representative's Name]
[Second Party Company Name]
[Date]
