Last Updated: January 5, 2021
VI-1. APPLICABILITY AND CONFLICT. These Supplemental Video Interaction Service Terms (these “VI Service Terms”) apply with respect to all 8x8 Video Interaction services (“VI Services”) ordered, accessed, or used by, or provided to, Customer (“Ordered VI Services”). In addition to these VI Service Terms, the 8x8 UCaaS/CCaaS Service Terms (or other version of service/business terms that apply to 8x8 UCaaS services (such as 8x8 Virtual Office/8x8 Work) and/or 8x8 CCaaS services (such as 8x8 Virtual Contact Center/8x8 Contact Center)) (including without limitation any use policy or terms incorporated therein) referenced in the agreement or order document through which Customer subscribed to such services (the “UCaaS/CCaaS Service Terms”) shall – except to the extent otherwise provided in these VI Service Terms – apply with respect to all Ordered VI Services (and the VI Services shall be considered “SaaS Services” or “Subscription Services” (as applicable) and the Ordered VI Services shall be considered “Ordered SaaS Services” under the UCaaS/CCaaS Service Terms), provided that in the event of any conflict between these VI Service Terms and the UCaaS/CCaaS Service Terms, these VI Service Terms shall take precedence and control. Capitalized terms used and not defined herein shall have the meanings assigned to them in the UCaaS/CCaaS Service Terms.
VI-2. PRIOR AGREEMENT / TERMS. If Customer has, in connection with the order of VI Services, entered into an agreement with 8x8 or its Affiliate (including without limitation 8x8 International Pte Ltd. or any Wavecell entity) and/or has agreed to any “Terms of Use” or other service terms, then the Agreement (as defined in the UCaaS/CCaaS Service Terms) supersedes and replaces such agreement and/or service terms, as of the effective date of the Agreement or, if these VI Service Terms are added to the Agreement subsequent to such date, the date that these VI Service Terms are added to the Agreement.
VI-3. VI USAGE. In respect of the Ordered VI Services, the following shall apply in lieu of Section 2.3.2 (Usage) (or the terms of the UCaaS/CCaaS related to the calculation of usage charges, if the UCaaS/CCaaS Service Terms include no such section) of the UCaaS/CCaaS Service Terms (which shall not apply in respect of Ordered VI Services): Customer shall be responsible for, and shall pay in accordance with the payment terms of the UCaaS/CCaaS Service Terms, any charges for SMS usage or any other usage that applies to VI Services set forth at https://www.8x8.com/products/apis, which charges shall be incurred at the rates set forth at such web page at the time of the applicable usage.
VI-4. NON-APPLICABLE UCaaS/CCaaS TERMS. None of the following shall apply to or in respect of the Ordered VI Services (or the billing or Billed Amounts related thereto):
- (a) any terms of the Agreement that provide for the delay or scheduling of the commencement of billing of Billed Amounts, periods of time during which Service Fees will not be charged, or “free months”;
- (b) any terms of the Agreement providing for a Customer right to reduce in quantity or downgrade Ordered SaaS Services in the middle of a Term (i.e., other than for a Term that begins in the future) or any similar mid-Term service “downturn”/reduction right;
- (c) any option of Customer under the UCaaS/CCaaS Service Terms to continue the Agreement on a month-to-month basis at the end of a Term (for avoidance of doubt, any election by Customer in accordance with the terms relating to such option to continue the Agreement on such basis shall be deemed and treated as a Customer notice to Reduce all Ordered SaaS Services other than the Ordered VI Services (and any other Ordered SaaS Services to which a provision similar to this clause (c) applies));
- (d) any service level agreement or similar document/terms, or any 8x8-side obligation/commitment related to any service level or any uptime/downtime, outages/interruptions, etc.;
- (e) clause (f) of Section 12.1 (Exclusive Termination Rights) of the UCaaS/CCaaS Service Terms or any other trial-based Customer termination right; and
- (f) the provisions of the UCaaS/CCaaS Service Terms related to the porting of telephone numbers and/or emergency calling labels.