E.A.R. Teleconsulting, Inc.
SCOPE OF WORK
General Terms

The terms of this Scope of Work cover all activity associated with , including subsequent orders. In addition to these General Terms, other Scope of Work sections may apply, depending on the type of equipment being proposed. All sections combined shall be deemed a single document and will apply to this account.

1. Lead Times
The following lead times apply to all products & services offered and by EARTEL. See product specific and/or non-standard Scope of Work sections for lead time different from those identified below.

EARTEL will make a reasonable effort to meet the following lead times after customer provides a valid purchase order. A completed Customer Information Sheet shall be provided to EARTEL by the customer.

Lead times for installations, adds, moves and changes and repair for time and material service agreements:

Customer order of 1-20 units	3 working days prior to start of installation
Customer order of 21-50 units	5 working days prior to start of installation
Customer order of 51+ units	All lead times to be negotiated
Equipment Configuration Deadline	3 working days prior to start of installation
Hardware Change Deadline	3 working days prior to start of installation
Non-Hardware Change Deadline	3 working days prior to start of installation
Floor Plans	3 working days prior to start of installation
Database/Programming	3 working days prior to start of installation
Details Desi Sheets/Key Maps/Cut Sheets (1-20 units)	3 working days prior to start of installation
Desi Sheets/Key Maps/Cut Sheets (21-50 units)	5 working days prior to start of installation
Desi Sheets/Key Maps/Cut Sheets (51+ units)	10 working days prior to start of installation
Required Customer Improvements	Prior to start of installation
Repair Orders, Routine of 1-20 units	Within 8 business hours from repair order
Repair Orders, Routine of 21-50 units Emergency	Within 16 business hours from repair order
Repair orders	Within 4 business hours from repair order

2. Payment Terms

1. Customer Time and Material Accounts
The total invoice amount shall be due upon reciept of invoice.

2. Direct Customer Accounts
The total invoice amount shall be due upon 30 days of reciept of invoice..

3. Shipping Charges
Any order not requiring the installation of all products will receive a shipping charge. There will be an additional charge for orders requiring shipping methods other than UPS "standard ground".

4. Implementation
All quotes shall remain valid for 90 days from date of issue.

All work flow must be continuous. Separate orders must be issued for partial or phased work. Partial or phased work will not be accepted, unless otherwise specifically noted in this Scope of Work.

5. Geographic Areas of Service
1. Standard
Standard installation and service areas are those areas which are within 50 miles of the cities of San Francisco, Sacramento, San Jose, Los Angeles and San Diego.
2. Non-standard
Non-standard installation and service areas are those areas which are outside the areas listed above. All travel to and from non-standard service areas will be billed on a time and materials basis or as specified In the non-standard section of this Scope of Work.

6. Service Hours

1. Installation
Monday - Friday 8 AM - 5 PM excluding EARTEL holidays

2. Warranty and Maintenance
1. Emergency
Monday - Sunday 24 hours

2. Routine
Monday - Friday 8 AM - 5 PM excluding EARTEL holidays

2. Non-standard service hours
Non-standard installation and service hours will be provided at a premium or as noted in the non-standard section of this Scope of Work.

7. Job Change Orders
Either an additional order or an approved JCO form will be required for all work or products added to the scope of the original order. The order must be provided to EARTEL by the lead times identified in Section 1 of this Scope of Work. All lead time requirements associated with the original order will apply.

8. Expedites and Changes

1. Expedites
Orders placed which do not meet the lead time requirements of Section 1 will be considered on an individual basis and may be subject to expedite charges.

2. Schedule
Changes Installation schedule changes necessitated by the customer will be subject to re-schedule charges as follows.

New Orders or JCO's
More than 24 business hours prior to cutover
No charge Less than 24 business hours prior to cutover $85.00

Add, Move and Change Orders
More than 8 business hours prior to cutover
No charge Less than 8 business hours prior to cutover $85.00

9. Security

1. Access
The customer shall provide all EARTEL personnel associated with the account necessary access to the job site, including but not limited to security ID's and escorts. Any delays to access will be billed at current time and materials rate.

2. Equipment Storage
The customer shall provide a secure location for the delivery and storage of all EARTEL provided equipment. The location shall be sufficient in size to accommodate a working area for staging and preparation of equipment. The customer shall be liable for all equipment, once delivered to the job site.

10. Permits and Licenses
The customer shall be responsible for obtaining all required permits and licenses. Any participation by EARTEL in support of the customer will be billed at then current time and materials rate.

11. Credits and Returns
Canceled Orders
Standard equipment (stocked by EARTEL) orders will not be charged restocking if they are canceled, in writing, at least three days prior to the start of installation or shipping.

Standard equipment orders canceled after that date and up to the time of installation, will be charged 10% of the purchase price plus any shipping.

Standard equipment orders which have been "specially ordered" by EARTEL may be canceled up to the time of installation and will incur a restocking charge of 10% of the purchase price, plus any shipping.

Non-standard equipment orders may be canceled up to the time of installation and will incur restocking charges equal to those charges incurred by EARTEL for returning the equipment, plus any shipping.

Equipment that has been unpacked for installation will not be accepted for restocking.

Headsets which have been delivered to the customer will not be accepted for restocking.

12. Cabling

1. Standard
Standard station cable provided by EARTEL will be a minimum of 4 pair, level 3, inside wire with a maximum length of 150 cable feet. The sheath material will be determined by NEC and/or local building code. Each station cable will be terminated at the station end on a RJ45 type jack and at the MDF/IDF end on a 66 type block.

EARTEL will supply and install cross connects only when providing end to end cabling, as well as terminal and terminating devices.

2. Non-standard
Non-standard cable types, blocks, jacks and lengths will be billed on a time and materials basis or as specified in the non-standard section of this Scope of Work.

3. Feeder Cable
Quoted price does not include any new feeder cable, unless otherwise specifically noted in the non-standard section of this Scope of Work.

4. Required Customer Preparation
All cable path access, including but not limited to conduits, trays, concrete bores and any ceiling other than drop tile (T-Bar), shall be provided by the customer and include clear labeled passageway. Customer to provide for free and clear access to all work areas. All items including but not limited to furniture, desks, file cabinets, boxes, machines and machinery must be moved by the customer prior to start of work by EARTEL.

13. Asbestos and Hazardous Materials
The customer shall notify EARTEL, in writing, of any known asbestos and/or hazardous materials within the boundaries of this Scope of Work. Any costs associated with the identification, protection and/or removal of asbestos or other hazardous materials, including areas not previously identified, shall be at the expense of the customer.

14. Cut-over Coverage and Training
Cut-over coverage will be provided for 1 hour per customer site. Time and location shall be specified by the customer. Training and feature testing for Pacific Bell JMO accounts will be provided by Pacific Bell. All other training will be as specified in the product specific or non-standard sections of this Scope of Work.

15. Service Response
EARTEL will make reasonable effort to meet the following response times from receipt of service call to EARTEL service center.

Installations, adds, moves and changes -------See Lead Times, Section 1
Warranty and Maintenance Emergency------ See Lead Times, Section 1
Routine --------------------------------------See Lead Times, Section 1

Service conditions shall be defined as follows:
An emergency condition exists when a primary answering position is unable to make or receive any calls or when 50% of the major stations are unable to make or receive any calls.

A routine condition is any non-emergency.

16. Toll Fraud
EARTEL disclaims any express or implied warranty or condition that the product is technically immune from or prevents fraudulent intrusions into and/or unauthorized use of the product (including its interconnection to the long distance network). Purchaser is hereby warned that fraudulent use of the system, including but not limited to DISA, auto-attendant, voice mail, RMATS, 800 and 900 service, as well as 10XXX, is possible and purchaser assumes the risk of such. EARTEL also disclaims any express or implied warranty or condition that the product is technically immune from or prevents unlawful and/or unauthorized utilization of the product that may result in invasion of purchaser's or any third party's right to privacy. EARTEL hereby warns the purchaser that such is possible, and the purchaser assumes the risk of such.

17. Post Installation Services

1. Warranty Service
EARTEL will maintain standard products for a period of one year from date of install. All request for maintenance during this period must be made by calling the EARTEL service center at 800-363-6882. Requests for service which are later identified as either customer caused or due to products or services other than those provided by EARTEL will be billed at then current rates.

Any standard products drop shipped (without EARTEL installation) will receive depot express maintenance for a period of one year from date of delivery. The defective product must be shipped to the EARTEL service center and must include an RA (return authorization) number. An RA number can be received by calling the EARTEL service center at 800-363-6882

Any optional warranty terms or conditions shall be as specified in the product specific or non-standard sections of this Scope of Work.

2. Minimum Charges
EARTEL will charge a minimum of 2 hours of labor (1 hour minimum travel, 1 hour minimum on-site) on all orders requiring a site visit. This minimum shall apply to each site visit. Requests for site visits outside EARTEL's standard service hours will be charged a minimum of 4 hours of labor at premium rates. All travel outside of EARTEL's standard service areas will be billed on a time and materials basis.

18. Charges

1. Time and Material Charges

Monday - Friday 8:00 AM to 5:00PM	$ 85.00 per hour
Monday - Friday After 5:00PM	$127.50 per hour
Saturday & Sunday	$170.00 per hour
Holiday's	$170.00 per hour

 

2. Direct Service Agreement Charges

For Labor Only	$1.25 per port
For Parts Only	$1.50 per port
For Labor and Parts	$2.00 per port

Direct Service Agreements are billed quarterly and can be one, two, three, four or five year agreements.