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PRODUCT SUPPLEMENT — SERVICE LEVELS

to the Master Services Agreement

Last Revised: May 11, 2026

This Product Supplement (this “Supplement”) is incorporated by reference into and made a part of that certain Master Services Agreement (including all attachments and incorporated documents, the “Agreement”) entered into between INTREPID and the Customer who signed the Master Services Agreement, as expressly provided therein and shall be effective as of the Effective Date defined in the Master Services Agreement. This Supplement provides additional terms and conditions governing the Voice Services. Customer’s execution of this Supplement, or use of any Voice Service hereunder, constitutes Customer’s acknowledgment of and agreement to the Master Services Agreement available at https://intrepidtelecom.com/msa, as if Customer had separately executed it.

1. Service Descriptions

1.1 Services. INTREPID offers the following Services subject to the terms of the Master Services Agreement:

  1. "SIP Trunk Product" — shall mean a configuration where Customer utilizes Session Initiation Protocol ("SIP") signaling to transmit and receive Real Time Protocol ("RTP") voice traffic which will originate and/or terminate from the Customer's owned or leased IP enabled PBX to the PSTN using the public internet or private line delivery methods.
  2. Features. The above products may include features, as determined by INTREPID, which may be either included in Customer's Service or priced as further set forth in Customer's relevant Service Order or separate price list. Feature availability is subject to change from time to time and Customer should consult Intrepid Service Department for an up-to-date listing. Service packages are also subject to change. Certain features, such as Directory Assistance and Operator Services, will incur additional charges based on use. INTREPID can provide current price lists upon request.
  3. Definitions. Capitalized terms or phrases not defined in this Supplement shall have the definitions ascribed thereto in the Agreement. In addition to terms or phrases defined elsewhere in the Agreement or this Supplement, the following terms or phrases, where capitalized, shall be defined as follows:
    • "DS1" shall mean Digital Signal 1.
    • "Directory Assistance" shall mean the service providing identification of telephone directory numbers via an operator or automated platform.
    • "Directory Listing" shall mean a listing of the Customer's main billing number in the public directory in either electronic or paper format.
    • "PBX" shall mean Private Branch Exchange.
    • "PSTN" shall mean the public switched telephone network.
    • "Operator Services" means access to operator assistance including fully automated call handling and live operator assistance, by dialing "0".
    • "Rate Center" means a specific geographic area (as determined by the applicable ILEC or state regulatory commission) within a LCA or Market that is associated with one or more specific NPA/NXX codes.

1.2 Rates. The rates and charges for the Services shall be those set forth in the Service Order or additional provided rate schedule provided in conjunction with the Service Order (the “Rate Schedule”) or other appropriate schedule thereto, in addition to INTREPID’s tariffs, as applicable and as amended from time to time. Customer will have a specific Local Calling Area (“LCA”) defined within a geographic area (as determined by the applicable ILEC or state regulatory commission) comprised of one or more Rate Centers. The LCA is used for billing purposes to determine whether a call will be treated as local or long distance and will include any mandatory expanded local calling areas. All rates and charges set forth in any preliminary quote are subject to final approval and acceptance by INTREPID. The rates and charges in the Service Order or Rate Schedule apply only to the Services provided at the service address listed on the Service Order. Each additional Customer location added after the Effective Date of the Service Order shall require its own specified rates. Calls made using any service offered by INTREPID are rounded up to the next cent at the termination of the call. For any INTREPID service used by Customer for which a rate is not specified in the Agreement, INTREPID’s standard business rate shall apply. Customer shall remain liable for charges that are billed to it after the Service termination date based on billing delays.

2. Provisioning Intervals for Facilities

2.1 Provisioning Intervals. INTREPID shall use reasonable commercial efforts to provision the Service by the Scheduled Service Date set forth on the Firm Order Confirmation.

2.2 Remedies. If the Commencement Date does not occur prior to the Scheduled Service Date with regard to Services and such delay in the Commencement Date is not due to a Force Majeure Event or an act or omission of Customer, Customer’s Users or their respective representatives, then the following remedies shall apply:

  1. Delay of Recurring Charge. Customer shall not be obligated to pay the Recurring Charges until such time as the Service commences.
  2. Termination of Service. If the Commencement Date does not occur on or before sixty (60) days following the applicable Scheduled Service Date, then Customer shall have the right to terminate the applicable Service by providing written notice to INTREPID to the extent that such notice is provided prior to the Commencement Date. In such event, unless otherwise provided in the Service Order, Customer shall not be obligated to pay, and shall receive reimbursement for any amounts previously paid with regard to, any Recurring Charges or Non-Recurring Charges associated with such Service.
  3. SOLE AND EXCLUSIVE REMEDIES. THE PARTIES ACKNOWLEDGE THAT THE REMEDIES IN THIS SECTION 2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER AND THE SOLE AND EXCLUSIVE LIABILITY OF INTREPID FOR THE FAILURE OF THE COMMENCEMENT DATE TO OCCUR PRIOR TO THE SCHEDULED SERVICE DATE OR ANY OTHER DELAY IN PROVIDING THE SERVICE.

3. Testing Procedures for Facilities

3.1 Testing Standards. INTREPID will use reasonable commercial efforts to test the Service consistent with industry standards and durations prior to the Commencement Date.

4. Performance and Operating Standards for Facilities

4.1 Availability. If a Service Outage (as defined below) occurs with respect to Services provided entirely on INTREPID’s Facilities and INTREPID is unable to provide the Services at the Availability Factors (as defined below), then INTREPID will credit Customer’s invoice for the applicable period with an amount equal to the Service Outage Credit (as defined below) in the month following the request by Customer and determination of the applicable Service Outage Credit pursuant to the provisions set forth below; provided that Customer must request such Service Outage Credit and such request must be made within thirty (30) days of the applicable Service Outage. If a Chronic Service Outage (as defined below) occurs for any Service, then Customer shall have the right to terminate the applicable Service consistent with paragraph (e) of Section 4.2.

4.2 Service Outage. A “Service Outage” shall mean the inability to access local, intra-LATA or long distance inbound or outbound call processing capability.

  1. A Service Outage shall begin upon the earlier of INTREPID's actual knowledge of the Service Outage or INTREPID's receipt of written notice from Customer of the Service Outage and shall end upon the correction of the loss of service as set forth above.
  2. Notwithstanding the above, a Service Outage shall not be deemed to have occurred and no Service Outage Credits will apply:
    1. during periods (A) of less than ten (10) minutes, (B) in which INTREPID is not given access to its Facilities or equipment that are required to provide the Services or to remedy any Service Outage, (C) in which planned or scheduled maintenance and repair activities are occurring, (D) in which Customer or its User continues to use the Services on an impaired basis, or (E) that are not reported to INTREPID within thirty (30) days of the date the Service was affected;
    2. for interruptions that are caused by or due to (A) acts or omissions of Customer, its User or another third party, (B) the failure or malfunction of facilities or equipment not owned or operated by INTREPID, including without limitation the failure of the power supply, (C) a Force Majeure Event or (D) disconnections by INTREPID for non-payment or other contract default or breaches by Customer;
    3. for Services utilizing in whole or in part Third Party Facilities; and
    4. with respect to any Service whereby Customer's and/or its Users' usage of or demand with respect to the Service is greater than the amount of usage or capacity for which it has subscribed.
    5. Failures due to the local loop facilities.
    6. All Customer Premise Equipment ("CPE"), whether or not provided by INTREPID.
    7. Service and/or network downtime due to incorrect routing, setup, or provisioning of IP PBX or other CPE not managed by INTREPID.
    8. Service and/or network downtime due to failure of any network or system provided by customer or any third party.
  3. Availability Factor shall mean that each Service shall be available for no less than 99.9% of the minutes in any monthly period and shall apply to Services that are provided entirely on INTREPID's Facilities. The Availability Factor shall apply for each month and is a measurement of the percent of total time that Service is operative and deemed available to Customer in accordance with the above specifications when measured over such period.
  4. Service Outage Credit. With respect to any Service Outages in excess of the Availability Factors, the Service Outage Credit shall be equal to an amount equal to (a) the Recurring Charge applicable to the affected Service during the calendar month in which the Service Outage occurred multiplied by (b) the number of hours or fractions thereof that the Service Outage occurred during the calendar month divided by 720 hours. Service Outage Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to governmental fees, taxes, surcharges and similar additional charges, nor are credits available for any usage based Services. OTHER THAN THE ADDITIONAL TERMINATION REMEDY SET FORTH BELOW FOR CHRONIC SERVICE OUTAGES, CUSTOMER'S RIGHT TO RECEIVE SUCH SERVICE OUTAGE CREDIT SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND INTREPID'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A SERVICE OUTAGE OR FOR ANY OTHER CLAIM THAT INTREPID FAILED TO MEET ITS OBLIGATIONS IN THE PROVIDING OF THE SERVICE.
  5. Chronic Service Outage. An affected Service shall be deemed to have experienced a Chronic Service Outage to the extent that in any calendar month (i) three or more Service Outages have occurred with each such Service Outage having a duration of more than four (4) hours or (ii) one Service Outage has occurred for a duration of more than forty-eight (48) hours, in each case where the applicable Service Outage has been reported by Customer to INTREPID with respect to any Service within ten (10) days. CUSTOMER'S RIGHT TO TERMINATE THE AFFECTED SERVICE SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND INTREPID'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A CHRONIC SERVICE OUTAGE.

4.3 Service Level Specifications.

Standards. The following standards shall apply with respect to Services that are actively being transmitted and are provided entirely on INTREPID’s Facilities (“Service Level Specifications” or “SLS”):

Voice — 99.9%

In order to test to determine whether a Service complies with the above standards, Customer shall be required to request and authorize an intrusive test to be taken of the applicable Service using the testing standards and for a period consistent with Section 3 above; provided an intrusive test shall not be required to the extent that INTREPID has installed equipment that is capable of monitoring or sampling such performance on an ongoing basis without the need for an intrusive test. The Parties will cooperate on the timing and manner in which any such intrusive test is conducted, taking into consideration the need to minimize the interruption of Customer’s, its Users’, or INTREPID’s other customers’ services.

4.4 Mean Time to Repair. Mean Time to Repair (“MTTR”) shall be the average time required to repair a Service and restore its availability and is stated in terms of equipment and cable outages. The time is measured from the time that the Service Outage is reported by Customer to INTREPID until the Service is available. With respect to Services provided on INTREPID’s Facilities, INTREPID will use all commercially reasonable efforts to (a) repair network equipment within an average of two (2) hours of when INTREPID’s technical representative arrives on the applicable site where the equipment is located, not to exceed a total of four (4) hours from the time the Service Outage is reported and (b) have the first fiber on a cable cut restored within an average of six (6) hours of when INTREPID’s technical representative arrives on the applicable site where the cable cut is located, not to exceed a total of eight (8) hours from the time the Service Outage is reported. Such averages will be calculated over a calendar quarter basis. INTREPID will undertake repair efforts on equipment or fiber when INTREPID first becomes aware of the problem, or when notified by Customer and Customer has released all or part of the Service for testing, at which point a trouble ticket will be established. Notwithstanding the above, the failure of INTREPID to meet such standards shall not constitute a default under this Agreement and INTREPID shall not be liable to pay Customer any penalties or damages or credit any portion of the Charges under this Agreement as a result of such failure, other than as set forth in Section 4.1 above.

Excluded Items: The following shall be excluded from any determination of Mean Time to Repair:

  1. Trouble tickets due to the failure of the CPE or any components on the Customer side of the CPE, whether or not such CPE was provided by INTREPID.
  2. Trouble tickets due to INTREPID's scheduled maintenance windows.
  3. Trouble tickets due to the failure of any components due to Customer action.
  4. Trouble tickets for which INTREPID cannot access required facilities due to inaccessibility beyond INTREPID's reasonable control.
  5. Trouble tickets due to Force Majeure.
  6. Trouble tickets related to any lines added, removed, or re-configured during the month.
  7. Trouble tickets associated with lines used as backup or alternate routes.
  8. When response is not met due to any network or system provided by customer or any third party.
  9. "No Trouble Found" trouble tickets.
  10. Failures due to the local loop.
  11. Trouble Tickets caused by the act or failure to act of Customer or any third party.
  12. Trouble tickets that remain open due to delays caused by slow responses from customer for requests for feedback.

4.5 PERFORMANCE LIQUIDATED DAMAGES. FOR THIS SUPPLEMENT, THE REMEDIES OF CUSTOMER IN SECTIONS 2.2(C), 4.2(D), AND 4.2(E) HEREOF SHALL CONSTITUTE CUSTOMER’S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICE OFFERED UNDER THIS SUPPLEMENT AND CONSTITUTE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY PERFORMANCE FAILURE RELATED TO OR ARISING FROM THE SERVICE OFFERED HEREUNDER.

5. Liability for Use

5.1 Customer’s Responsibility for Fraudulent Calls. Customer shall immediately notify INTREPID if it is aware of or suspects any fraudulent calling or calling patterns, pretexting, or other unlawful, improper or fraudulent activities. Customer shall work with INTREPID to cause any fraudulent calling, or other activities described herein, to be blocked. Customer shall cooperate with INTREPID in its efforts to prevent fraudulent or illegal use of the Services. Customer shall be responsible for all costs, expenses, claims or actions arising from all calls relating to Customer’s or its end users’ use of the Services including those calls the purpose or effect of which is theft or unauthorized usage of communications services or misleading or fraudulent communications of any nature (including, without limitation, communications intended to effect theft through unauthorized use of calling cards) and all unauthorized or fraudulent communications on pay-per-call numbers, information service calls, directory assistance calls or the like for which INTREPID is billed and that are passed through to the Customer. INTREPID may take protective action against Customer or a third party in order to protect Customer and/or INTREPID or its network from and against any harm that may arise out of the illegal, fraudulent or otherwise suspicious conduct (including blocking access to particular calling numbers or geographic areas). Such protective action may include, without limitation, the temporary blocking of Customer’s traffic until the applicable risk of harm is mitigated to INTREPID’s reasonable satisfaction. Customer releases and holds harmless INTREPID from and against any claims, costs or loss arising out of INTREPID’s good faith exercise of its reasonable business judgment to take a protective action.

5.2 Customer shall comply with all applicable laws, regulations, court decisions or administrative rulings regarding the provision or use of the Services. Without limiting the foregoing, Customer will ensure that all who use the Services provided to Customer for the purpose of making telephone solicitations must comply with the national do-not-call requirements, including the rules as set forth in 47 C.F.R. Section 64.1200 and 16 C.F.R. Part 310. Failure to do so shall constitute a material breach of the Agreement and INTREPID shall be entitled to immediately suspend Service in such event.

5.3 Limitations on Service. This Supplement shall apply only to Services provided directly to Customer for use by Customer. Without the written consent of INTREPID, Customer may not purchase Services under the Agreement and this Supplement for resale to third parties.

6. Additional Service Terms

6.1 Adequate Trunking. As a condition of receiving the telecommunication services contemplated hereunder, Customer shall at all times order adequate trunking for Customer’s call volume. In the event Customer’s call trunking is inadequate to accommodate the call volume it is receiving at any given time, then INTREPID may, at its sole option, restrict or block calls to the applicable circuits.

6.2 Tariff Considerations. Depending on the Customer’s choice of products and services, Customer may receive from INTREPID and its affiliates regulated local, interstate, intrastate, and local toll telecommunications services provided pursuant to INTREPID’s or its affiliates’ tariffs and price lists and the terms and conditions contained therein (collectively the “Tariffs”). If the Customer’s choice of products and services includes detariffed services, this Agreement shall govern such services. If Customer’s choice of products includes unregulated services, this Agreement is subject to and incorporates by reference the general rules and regulations of the local Tariffs of the state in which the services are provided. To the extent this contract differs from any terms and conditions in INTREPID’s tariffs, the Tariffs control. INTREPID may modify its Tariffs from time to time in accordance with law. These modifications may affect service(s) furnished to Customer.

6.3 International Calling. By default, INTREPID will block access to certain international locations and numbers. At Customer’s request, INTREPID will permit Customer access to international calling capabilities by removing the “blocking” that INTREPID typically applies to that service. If such a request is made by Customer, Customer shall be liable for all charges associated with all international calling charges dialed from the Customer premises, calling card(s) and/or access numbers, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature. Customer agrees that INTREPID assumes no liability of any kind with respect to its providing access to international calling or the use of international calling services via connections from Customer premises and locations where Customer uses INTREPID’s service. Customer shall indemnify, defend and hold INTREPID harmless against any and all claims made by any third party related to the use of international calling services. Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third parties could result in suspension or interruption of long distance and/or local services provided by INTREPID. INTREPID assumes no liability of any kind with respect to such potential service suspensions or interruptions.

6.4 INTREPID’s Equipment. The equipment provided by INTREPID (Modem/Router/EMTA, etc.) located at the Customer premise is the property of INTREPID and must be returned to INTREPID by Customer within thirty (30) days of service termination. If the equipment is not returned within this timeframe, Customer agrees to reimburse INTREPID for the full purchase price of the equipment as well as any attorney’s fees and costs incurred by INTREPID related to INTREPID’s retrieval of the equipment. INTREPID’s equipment will be located based on the demarcation point of the Service. If a third party service is involved in providing the Service, INTREPID may need to move the demarcation point based on the location of third party facilities.

6.5 Installation Delays. Customer acknowledges and agrees that if Customer causes an installation delay of any of its services past the Customer’s Scheduled Service Date, Customer will pay all applicable monthly recurring charges for all Customer’s services as if all services were installed and commenced on such Scheduled Service Date. Additionally, in the event installation delays occur for any reason, INTREPID shall not be responsible for charges imposed on Customer by Customer’s previous service provider(s) and/or the difference between such charges and the charges that INTREPID would have imposed pursuant to this Agreement.

6.6 Location. Customer acknowledges that INTREPID does not provide services beyond specific service boundaries. Customer’s service is specific to the location to which INTREPID agreed to provide service in the relevant service order. Any agreement to move the location of service must be agreed to by INTREPID in its sole discretion. Customer’s movement from the premises or desire to move service shall not be grounds for Customer to terminate service. Any loss of rights to the premises or access thereto for the service will be a breach by Customer of this Agreement.

6.7 LOA. Customer agrees to execute letter of authorization forms related to the service as reasonably requested by INTREPID. If Customer adds lines during the course of this Agreement, Customer’s original Letter of Authorization provides INTREPID with authorization to add such lines and such authorization will be deemed to comport with federal and state unauthorized carrier change regulations, laws, administrative Orders and other legal guidelines.

6.8 Directory Listing. Depending on the Service ordered, INTREPID may provide a public directory listing (electronic and/or written) for Customer based on information provided by Customer. Customer agrees that INTREPID shall have no liability to Customer for providing or failing to provide such listing, including any inaccuracies therein, and Customer shall defend and indemnify INTREPID for any cost or damages it incurs based on its acts or failure to act related to the issue of Customer and directory listings. INTREPID shall also have no liability to Customer for any telephone numbers published or distributed by INTREPID prior to the Commencement Date of Service at all of the service locations covered by the Service Orders.

6.9 Porting. Prior to termination of the Service, Customer may transport (“port”) its then-current telephone number to a new provider. If Customer requests or authorizes a third party to request on its behalf the porting of one or more of its numbers from INTREPID to a new provider, INTREPID will treat that request as notice from Customer to terminate the Service solely with respect to the specific telephone number(s) being ported, effective upon successful port of such numbers. Porting of any telephone number, or of all telephone numbers, shall not constitute, and shall not be construed as, notice of cancellation, disconnection, or termination of (i) any other telephone number, (ii) any other Service, hosted PBX, trunk, extension, or component of the Service then in effect, (iii) the applicable Service Order, or (iv) the MSA. Customer’s recurring and non-recurring charges for all Services other than the ported numbers shall continue to accrue and be due and payable in accordance with the MSA and the applicable Service Order until Customer provides INTREPID with written notice of cancellation as required under Sections 3 and 10 of the MSA. Customer’s failure to provide such written notice shall not be excused, waived, or modified by reason of any port-out request, the loss of all telephone numbers, or the porting of all telephone numbers to another provider. After any number has been ported, Customer will not be able to use INTREPID’s services for that number. Customer will remain liable to pay all Service charges for such numbers through the service end date or, if later, when the number has been successfully ported. Early Termination Charges apply upon any termination of the Service or porting to another carrier before the end date of the Service Term. Customer shall be liable for all associated fees charged to INTREPID for exit from services, including port-out fees, disconnect fees, and any other fees associated with terminating the account, not to exceed USD $8 per telephone number, due upon receipt of invoice for disconnection.

7. Network Use

7.1 Network Management. The parties will work cooperatively with each other to install and maintain effective and reliable interconnected facilities. Consistent with applicable law and industry practices, INTREPID may use protective network traffic management controls to protect its network from congestion, failure, or unanticipated traffic, including traffic for which INTREPID believes it will not receive reasonable compensation.

7.2 Call Information. Customer shall provide Automatic Number Identification (ANI) or other call identifying information as reasonably requested by INTREPID for all communications using INTREPID’s Services. All communications delivered to INTREPID’s network without ANI, or other appropriate call identifying information, will be treated, for purposes of compensation, as toll (either interstate or intra-state), and will be subject to terminating access rates of the terminating ILEC or carrier, even if INTREPID has selected a flat rate billing plan. Customer shall not: (1) route U.S. Domestic traffic or traffic destined for Alaska or Hawaii through points outside of the United States; (2) re-classify or re-originate traffic or take any other action to make traffic appear as if it (i) is anything other than the type of traffic delivered to Customer (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; and (3) modify, alter or delete in any manner calling party number information, originating point codes or any other signaling information, or call detail in connection with the transport and termination of traffic to the called party.

7.3 Abusive Practices. Customer shall not use auto-dialing, predictive dialers, Internet dial access applications, call back operator, call transfer release or call forwarding switching applications, VoIP local call terminations or any other extraordinary business applications with any unlimited usage plan. INTREPID reserves the right to terminate this Agreement upon thirty (30) days’ notice in the event that INTREPID determines, in its sole discretion, that Customer is using a predictive dialer or other auto-dialing application, employing the service for outbound telesales applications or is otherwise abusing INTREPID’s local or long distance calling plans, unless Customer has specifically purchased an INTREPID product designated for predictive dialer/call center applications. If ten percent (10%) or more of INTREPID’s completed calls are equal to or less than six (6) seconds in length (“Short Duration Calls”) during any calendar month, INTREPID reserves the right to charge and Customer shall pay a surcharge of $0.01 per Short Duration Call, which surcharge shall be in addition to the rates and charges for the Services and all other applicable surcharges and taxes. If more than forty percent (40%) of Customer’s total call attempts are uncompleted during any given month, per trunk group and DS0 circuit, INTREPID reserves the right to disconnect the affected circuit or to charge Customer $10 per DS0 per month per trunk group. If applicable, the same metrics will be applied on a session (or DS0 equivalent) basis for SIP based termination Services.

7.4 Call Detail Retention. Call detail records are retained for up to 12 months for operational and billing purposes. Aggregated billing records may be retained longer to meet legal and accounting requirements.

8. E911

E911 Availability. Customer acknowledges that E911 calling capability associated with the Services:

  1. may not be available during an electrical power outage affecting the Service location;
  2. will not be available if Customer's connection service has been disrupted and not restored;
  3. will not be available if Service has been discontinued for any reason, including Customer's nonpayment;
  4. may not be available at certain locations;
  5. may not be available or may be routed to emergency personnel unable to respond if Customer has disabled or otherwise damaged the Services;
  6. may be delayed or unavailable due to network configuration or other problems affecting the network; or
  7. may not be available if Customer has failed or delayed in updating its information with INTREPID.

Customer also acknowledges that 911 dialing is not automatic with VoIP service and it must keep 911 addresses accurate in order for emergency personnel to know where Customer locations are. To change an existing 911 address or add a new one, Customer must provide notice to INTREPID and confirm the change. If a new 911 dialing address is not confirmed, emergency personnel may not be able to send assistance to the proper address promptly.

Customer acknowledges and agrees that 911 services shall only be available in the Rate Center, or corresponding geographic area associated with the particular DID/DOD assigned to it. Customer further acknowledges and agrees that 911 services will not be available, and INTREPID shall have no liability to Customer or any third party for failure to provide 911 services, in the event that (i) DID/DOD is assigned to a Customer location outside of the Rate Center associated with such DID/DOD or (ii) the telephone device to which a DID/DOD has been assigned is moved outside of the Rate Center associated with such DID/DOD.

Customer’s signature on the MSA and relevant service orders is its acknowledgement that INTREPID has advised Customer of these limitations and that Customer accepts the Services with these limitations.

8.1 Critical Communications. This service may not be used in any life support, emergency response, or other critical communications which may cause loss of life, injury, or property damage. Customer acknowledges that the service may be interrupted on nights and weekends for routine maintenance.

9. Quality of Service and Customer Network Requirements

9.1 Scope. The Service Level Specifications in Section 4 address the availability of INTREPID’s network and facilities. They do not address, and INTREPID makes no representation or warranty regarding, the quality of any individual voice call (including without limitation audio clarity, latency, jitter, packet loss, echo, one-way audio, or dropped calls) where such quality is affected by any network, equipment, environment, or condition outside INTREPID’s facilities. This Section 9 sets forth the additional terms governing voice quality and the conditions under which INTREPID will support Customer’s use of the Service.

9.2 Minimum Network Requirements. As a condition of receiving and using the Service, Customer shall provide and maintain, at each location where the Service is used, a data network that meets or exceeds the following minimum specifications, measured end-to-end between the Customer endpoint and INTREPID’s network edge:

  1. Available bandwidth of not less than one hundred (100) kilobits per second, in each direction, per concurrent voice call, with sufficient additional headroom to accommodate any non-voice traffic sharing the connection;
  2. One-way network latency of not more than one hundred fifty (150) milliseconds;
  3. Jitter of not more than thirty (30) milliseconds;
  4. Packet loss of not more than one percent (1%);
  5. Quality of Service ("QoS") prioritization of voice traffic (DSCP EF / Class of Service 5, or equivalent) across all Customer-controlled local area network ("LAN") and wide area network ("WAN") equipment carrying the Service;
  6. Symmetric NAT traversal, SIP ALG disabled, and any firewalls, routers, or session border controllers configured to permit the signaling and media ports required by INTREPID.

Customer acknowledges that voice service is highly sensitive to network conditions and that failure to meet any of the foregoing specifications will degrade call quality, regardless of the performance of INTREPID’s network.

9.3 Service Location and Supported Endpoints. The Service is provided to, and supported at, the service address(es) identified in the applicable Service Order (each, a “Service Location”) and is intended for use on Customer’s business-grade, Customer-managed network at such Service Location.

  1. Use of any endpoint (including, without limitation, IP desk phones, analog adapters, softphones, mobile applications, or web clients) from a location other than a Service Location, or over a network not owned and managed by Customer, is provided on a best-effort basis only.
  2. Without limiting the foregoing, the following use cases are expressly not covered by the Service Level Specifications in Section 4, are not eligible for Service Outage Credits, and are not supported under any maintenance, support, or managed-service obligation of INTREPID:
    1. Use of any endpoint over a residential internet connection or residential Wi-Fi network;
    2. Use of any endpoint over a public, guest, hotel, conference, coffee shop, airport, or similar shared or untrusted network;
    3. Use of any endpoint over a cellular data connection, cellular hotspot, or mobile tethering;
    4. Use of any endpoint over a virtual private network ("VPN"), remote-access tunnel, secure web gateway, cloud-delivered firewall, Secure Access Service Edge ("SASE"), Security Service Edge ("SSE"), or any other product or service that proxies, inspects, tunnels, or otherwise redirects Customer's endpoint traffic through a third-party network (including, by way of example and not limitation, Zscaler ZIA/ZPA, Netskope, Palo Alto Prisma Access, Cisco Umbrella SIG, Cato Networks, and Cloudflare One/WARP) that has not been specifically designed, provisioned, and tested by INTREPID for voice transport;
    5. Use of any wireless endpoint over a Wi-Fi network that has not been designed, configured, and tuned for voice (including, at a minimum, WMM/WMM-PS, voice-grade access point density, roaming configuration, and traffic prioritization).
  3. INTREPID may, in its sole discretion and as a commercial accommodation, attempt to troubleshoot quality issues falling within paragraph (b); any such efforts shall not be deemed to create any obligation, warranty, or service level on INTREPID's part, and INTREPID may charge for such efforts at its then-current time-and-materials rates.

9.4 Customer’s Network Responsibilities. Customer is solely responsible for the design, implementation, operation, maintenance, monitoring, security, and performance of all networks, cabling, electrical service, internet connectivity, routers, switches, firewalls, wireless access points, and other equipment between INTREPID’s demarcation point and any Customer endpoint using the Service, except to the extent any such equipment is expressly provided and managed by INTREPID under a separate, written managed-service agreement. Customer further acknowledges that Customer’s failure to provide a network meeting the requirements of Section 9.2, or Customer’s use of the Service in a manner described in Section 9.3(b), constitutes an “act or omission of Customer” within the meaning of Section 4.2(b)(ii) of this Supplement and an exclusion under Sections 4.2(b)(vi), (vii), and (viii) and Section 4.4.

9.5 Quality-Related Remedies. To the maximum extent permitted by applicable law, the remedies set forth in Section 4 constitute Customer’s sole and exclusive remedy, and INTREPID’s sole and exclusive obligation, with respect to any claim relating to voice quality, call clarity, or call performance of any nature. Without limiting the generality of the foregoing, INTREPID shall have no liability for, and Customer shall not be entitled to any credit, refund, or other remedy on account of, any voice quality issue arising in whole or in part from any condition described in Section 9.2 or Section 9.3(b).