Metro-ASAP – Metro Communications Inc.

For the best post-warranty service and technical support for your Business Telephone System, we are proud to introduce Metro-ASAP, our Annual Service Assurance Plan designed to deliver prompt and effective technical support so that you can continue focussing on what you do best!

Metro-ASAP helps you to reduce your organisational costs, minimise the risk of downtime, loss of business and allows you to gain the convenience of a single point of contact for the support of your business Telephone System.

Your Telephone System is a critical business tool that is used extensively every working day of the year. Imagine the consequences of spending one day without incoming or outgoing calls.

Can your business afford to be without this assurance cover?

Competitively priced service solutions for your Telephone System

ü Your organisation can enjoy the benefits of discounted, customised pricing solutions that will last the lifetime of your telephone system.

A Single point of contact for your communications networks

ü Use our industry expertise and supplier relationships to gain a reliable single point of contact for your telephone system and communication network needs.

ü You can rely on our well trained, qualified technicians to provide consistent, reliable and efficient support for your telephone system.

METRO-ASAP Annual Service Assurance Plan Summary :

	On-site Service	Travel Charge	Remote MAC⁽³⁾	Remote Support	Phone Support	Parts	User Guides	Overtime Charges	Weekend Service
Regular Rates	$150 /hr	$75 /trip	$50 /15 min	$50 /15 min	$50 /15 min	At Actual	1 /install Electronic	1.5	No
Service Plan	$100 /hr	$50 charge⁽¹⁾	$30 /15 min	No charge⁽²⁾	No charge⁽²⁾	30% off List Price	Unlimited Electronic	N/A	Yes

METRO-ASAP Features :


On-Site Services:
Priority dispatch over non-plan customers on all service calls.
Business-Day Guaranteed 2-Hour Response Time on Emergency Service. Weekend Emergency support available on phone/remote. Labour Rates Billed at discount, travel/trip charge waived ⁽⁴⁾ Guarantee of “Inventory On Hand” for critical system components. ⁽⁵⁾ Replacement parts billed at 30% discount off list price ⁽⁵⁾
Non-Emergency Service Response of one business day or less.
Remote Service:
No-charge Remote support for basic troubleshooting and resolution.⁽⁶⁾ No-charge Phone support for basic troubleshooting, queries on features, how-to.⁽⁷⁾ Weekend Emergency support available on phone/remote.
Moves, Adds, & Changes (MAC):
Priority scheduling for adds, moves, and changes.
MAC Labor billed at 25% discount off list price.⁽²⁾
No-Trip charges for Non-Emergency On-site service request anytime between regular business hours.
Free assistance with Provider e.g. SHAW / TELUS coordination and diagnosis.
Additional Support: Additional electronic version of user guides and button strips.
Free consultation on telephone system design and programming.
Free assistance helping customer resolve problems and recovering costs from provider.
Assistance with resolving billing issues when over billed by dial tone provider.
Assistance with calling in trouble tickets to dial tone provider.
Cost savings recommendations, on local & long distance bills.

Footnotes: (1)Subject to regular service request anytime between 9-5pm Weekdays (2)Preliminary troubleshooting support for system or feature (3) MAC – Moves/ Adds/Changes to system or extension setup, if remote ADMIN access is available and working (4) Current labour rates: $75 trip charge, $1150 per hour billed by ½ hour with 1 hour minimum, and $50 per 15min for remote programming. (5) Battery backups, batteries, and fuse replacement are not covered as part of the above services. Plan does not include Free or Unlimited Onsite/Remote service, however discount apply for Trip charges, supplies/materials used, and priority scheduling. (6) Troubleshooting support during business hours, subject to system capability of being accessed and managed remotely and charges may apply at the discretion of tech delivering the service. (7) Troubleshooting support during business hours, subject to tech availability or call back, and charges may apply at the discretion of tech delivering the service.

METRO-ASAP Exclusions :

-Additional On-site services such as System Upgrades, Expansion, Administrative or Physical Moves / Changes , Complex programming changes or troubleshooting, are deemed chargeable.

-Replacement parts/materials where the part or component has been damaged by normal wear & tear, out-of-warranty, user error, interference, mis-operation or has been subject to lightning damage or power surges (acts of god). Parts will be replaced & engineering services provided but this will usually be chargeable at discounted rates. Certain situations will allow you to claim under your business insurance and we will assist with this wherever possible.

-Fault reports resulting in an engineering visit which is proved to be external ie. (TELUS/SHAW or other service provider) will be chargeable. Telephone advice will be given to assess & educate as to when problems are likely to be external. In certain individual circumstances the visit charge may be waived at the discretion of Metro Communications Inc..

SERVICE PERIOD AND CHARGES

This agreement shall start on the commencement date and continue for the minimum term of 12 months and thereafter from year to year starting on the anniversary of the said commencement date until terminated by either party giving written notice to the other of a minimum period of 30 days from the anniversary of the commencement date next following the date on which such notice is received. Notice shall be deemed to be received within 7 days of being posted by recorded delivery to the last known address of the party to whom it is given.

The service assurance charge for the period of 12 months shall be the charge specified via quote/invoice. For each subsequent year during the continuation of this agreement the service assurance charge shall be fixed according to Metro Communications Inc. current charges at the beginning of that year for the equipment via quote/invoice. The service assurance charge for each year during which this agreement continues shall be paid for before the date on which that year begins together with the applicable rate of taxes.

Payment is due within 14 days of the invoice date. If payment in full is not received by Metro Communications Inc. upon the due date, Metro Communications Inc. may refuse to send a tech to site to repair or diagnose any faults until payment has been received. Metro Communications Inc. shall also be entitled to levy an interest charge on any unpaid overdue balance.

Payment of any service invoice sent by Metro Communications Inc. or any of our partners is acceptance of our service terms & conditions.

If service cancellation notice is given as above after the expiry date of the minimum term shown then payment is due up to the end of the current year of cover.

If notice is not given as above and the contract is still before the last year of the minimum term then payment is due for the sum of the annual amounts up to the expiry date of the minimum term.

SERVICE AND REPAIR

During the period of the agreement, in consideration of the payment of the service assurance charge, Metro Communications Inc. shall as soon as reasonably practicable after notification in accordance with service terms, carry out during its normal business hours any service of and repairs and replacements to the equipment that may be reasonably requested by the customer.
Any service repairs and replacements for customer visits caused other than by fair wear and tear arising from the proper operation of the equipment or telecommunications network may be carried out at the customers expense at applicable current charges. All service, repairs or replacements may be carried out at the premises where the equipment is installed or elsewhere at the option of Metro Communications Inc..
The agreement does not cover the following items unless they are specifically detailed in the equipment section overleaf.

(i) Overhead, underground or external cabling.

(ii) Computers/Smartphones/Tablets, Multifunction Printer, Fax Machines , Patch Panel, Network Switches & Routers.

(iii) Call loggers, battery back-up and other additional equipment.

ALTERATIONS TO EQUIPMENT AND EXTENSION WIRING

All alterations to apparatus and extensions to wiring or re-installations shall be carried out by Metro Communications Inc. or our partners.
Any alterations to equipment and wiring shall be notified to Metro Communcations Inc. within 14 working days of the commencement of the works.
Metro Communications Inc. may adjust the Service assurance Charge if the equipment is altered or added to at any time.
If any alternations are carried out on your equipment by another company, Metro Communications Inc. reserve the right to cancel any existing service agreement in writing and we may retain the Service assurance Charge.

THE CUSTOMER’S RESPONSIBILITIES AND LIABILITIES

The customer shall notify Metro Communications Inc. either orally or in writing as soon as possible of any fault in the equipment or of any work or service that may be necessary. The Metro Communications Inc. may, at its option repair at its current charges any faults or damage that have arisen because of the failure of the customer to notify Metro Communications Inc. promptly.

The customer shall not allow the equipment to be moved, interfered with or tampered with and shall at all times comply with all reasonable advice given by the Metro Communications Inc. in relation to the operation and care of equipment. Metro Communications Inc. may at its option repair at its current charges, faults or damage that have been caused by such moving, interference, tampering or by any failure by the customer to comply with Metro Communications Inc. directions.
Should any service, repair, replacement, alteration or addition be made to the equipment other than by Metro Communications Inc. , Metro Communications Inc. may terminate the agreement with immediate effect by giving the customer written notice and may retain the Service assurance Charge.
The customer shall at its expense comply with all statutory requirements, obligations, regulations, recommendations, bylaws or instructions relating to the use or testing of the equipment. The customer shall obtain and pay for any such licenses, way leaves, suitable private wires, jack sockets or any other items necessary for the operation of the equipment. Suitable electric supplies where needed shall be provided and maintained by the customer at its expense.
The customer shall give Metro Communications Inc. and its representatives unhindered access to the equipment and shall at its expense make available mains electric supply and any other facilities and co-operation as may be necessary for the proper and prompt service of the equipment under this agreement.
The customer shall maintain an environment suitable to support efficient operation of the equipment under this agreement.
Equipment damage caused by acts of god such as storm damage and flooding are not covered in any service agreement offered by Metro Communications Inc.. We may however offer a discount on replacement equipment and engineering resource.
If the customer fails to observe the provisions of this agreement, Metro Communications Inc. and its representatives may terminate it with immediate effect by giving the customer written notice and may retain the Service assurance Charge.

LIMITATIONS OF LIABILITY

The Metro Communications Inc. and/or its Authorised Representative will indemnify the customer :

(i) (Where the laws of the Province of British Columbia, Canada applies to this Agreement) against liability for personal injury or death directly attributable to the negligence of the Metro Communications Inc.and/or Authorised Representative and

(ii) Against physical damage caused by the customers tangible property directly arising from the negligence of the equipment.

The Metro Communications Inc.and/or Authorised Representative ‘s total liability to the customer under the indemnities contained in the paragraph 5 shall not exceed five times the Service assurance Charge for one or more related claims arising in any one twelve month period.
Metro Communications Inc.and/or Authorised Representative shall not be liable to the customer for any loss, expense or damage of any kind (direct, indirect or consequential and whether arising from negligence or otherwise) in connection with the Metro Communications Inc.and/or Authorised Representative ‘s service of the equipment or otherwise.

GENERAL

Governing Law

The Agreement and the relationship between you and Metro Communications Inc. shall be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You and Metro Communications Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the Province or British Columbia, Canada. The failure of Metro Communications Inc. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred

Construction

The construction of the agreement is not to be affected by any heading. Reference to the plural shall include the singular and vice versa.

Entire Agreement

This agreement constitutes the entire agreement between the parties and there are no agreements or understandings between them other than those set herein.

Variations

Any variations to this agreement shall only be binding if it is recorded in a document signed by an authorised representative of Metro Communications Inc..

Waiver

Failure by Metro Communications Inc. to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights.

Any expressed or implied waiver by Metro Communications Inc. of any term or condition of this agreement or of any breach or default by the customer may be terminated by Metro Communications Inc. at any time. No such waiver shall constitute a continuing waiver nor shall it prevent Metro Communications Inc. from acting upon that or any subsequent breach or default or from enforcing any term or condition of this agreement.

Force Majeure

Metro Communications Inc. shall not be liable in any way for loss, damage or delay consequent upon any circumstances beyond its reasonable control.

Assignment and Transfer

The customer may not assign the benefit of this agreement without prior written consent of Metro Communications Inc..

IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures:

_____________________________________ _______________________________________

Customer Signature Authorised Signatory – METRO-ASAP

Metro Communications Inc.

_____________________________________ _______________________________________

Company Name Vendor

_____________________________________ _______________________________________

Date Date