Notice of Certain Terms for Zoom

(Connection – Mandatory Pass-Through Notice)

Your purchase of products and services provided by Zoom Video Communications, Inc. (“Zoom”) is governed by Zoom’s applicable terms and conditions, including the Zoom Terms of Service available at https://zoom.us/docs/en-us/EULA-terms-of-service.html (as may be updated by Zoom from time to time), together with Connection’s applicable quote, order confirmation, and any additional Zoom documentation incorporated by reference (collectively, the “Agreement”).

Subscription Terms

• Zoom subscriptions are offered for a minimum initial term of one (1) year.
• Zoom subscriptions automatically renew for successive one-year renewal terms and are non-cancellable and non-refundable, unless you provide Connection with notice of non-renewal at least ninety (90) days prior to the start of the applicable renewal term. Any notice of non-renewal must be in writing, signed by an authorized representative of Customer, and delivered by email to both your designated Connection account manager and legal@connection.com within the timeframe stated above.
• You remain responsible for all fees for products or services that Zoom does not permit to be cancelled or refunded. Returns or cancellations are permitted only if Zoom agrees to accept them, releases Connection from its corresponding payment obligation, and refunds Connection for amounts paid on your behalf. If Zoom does not approve a return or cancellation, you remain responsible for all charges under the applicable order.
  
  

Billing Disputes

If you believe an invoice is incorrect, you must notify Connection in writing no later than twenty-five (25) calendar days after the invoice date. Any notice of dispute must identify the specific amount(s) in question to be eligible for review.

Any adjustment or credit, if applicable, will be determined by Zoom, in Zoom’s reasonable discretion, following review of the relevant information. Disputes received after the twenty-five (25) day period will not be considered, and the invoice will be deemed accepted.

Notices

All notices to Connection must be in writing and sent by email to both your designated Connection account manager and legal@connection.com to be valid.

ADDITIONAL TERMS APPLICABLE TO ZOOM PHONE NATIVE SERVICES CUSTOMERS

These Mandatory Flow-Down Terms (“Flow-Down Terms”) apply to Customer’s purchase, activation, access, or use of Zoom Phone Native Services procured by PC Connection, Inc. and/or its applicable affiliates (“Connection”) on Customer’s behalf. These Flow-Down Terms are incorporated by reference into, and form part of, the applicable quote, order form, or customer agreement between Connection and Customer (the “Customer Agreement”).

1. Customer Mandate for Zoom Phone Native Services (Confidential Information). Customer acknowledges and agrees to the following, stated verbatim as required by Zoom:
   1. Customer has directed and mandated Connection to procure the single supply of Zoom Phone Native Service on Customer’s behalf, for the benefit of Customer and its end users (the “Mandate”).
   2. Connection has entered into an agreement with Zoom pursuant to the Mandate, whereby Connection matches the Customer to Zoom, and requests Zoom to provide Zoom Phone Native Service for Customer’s benefit and use. 
   3. Pursuant to the Mandate, Connection is responsible for all contracting, billing, and payment collection on behalf of Zoom and related document administration for and from Customer. 
   4. Per telecommunications regulations, Zoom is the provider of the Zoom Phone Native Services to Customer.
2. Zoom Phone Native Service – Applicable Terms and Policies. Customer’s use of Zoom Phone Native Services is subject to the following mandatory Zoom terms and policies, which are incorporated herein by reference:
   1. Zoom Phone Numbering Policy. Customer’s use of Zoom Phone Native Services is subject to the Zoom Phone Numbering Policy, available at: https://explore.zoom.us/docs/doc/Zoom-Phone-Numbering-Policy.pdf (or any successor URL designated by Zoom).
   2. Zoom Terms and Policies. Customer’s use of Zoom Phone Native Services is subject to all applicable Zoom Notices & Policies published at: https://zoom.us/legal and the Zoom Reseller Customer Terms of Service published at: https://zoom.us/docs/en-us/EULA-terms-of-service.html Notwithstanding the title of such Reseller Customer Terms of Service, they also apply to Customers of partners acting under Mandate.
   3. Emergency Services. All applicable emergency calling notices and terms published on Zoom’s website at https://zoom.us/legal apply to Customer’s use of Zoom Phone Native Services.
3. Emergency Services – Limitation of Liability

   EMERGENCY SERVICES LIMITATION OF LIABILITY. NOTHING IN THIS CUSTOMER AGREEMENT IS INTENDED TO IMPLY OR CREATE LIABILITY FOR ZOOM FOR:

   1. ANY FAILURE OF EMERGENCY SERVICES, OR INABILITY TO REACH OR USE EMERGENCY SERVICES INCLUDING WITHOUT LIMITATION DUE TO AN OUTAGE OF ZOOM SERVICES; OR THE INABILITY TO PLACE OR COMPLETE EMERGENCY CALLS FROM ANY ZOOM-ENABLED DEVICE, CUSTOMER LINE, OR CUSTOMER PREMISES, OR INABILITY TO ACCESS EMERGENCY PERSONNEL;
   2. ANY FAILURE OF ANY EMERGENCY RESPONDERS TO RESPOND, OR TO RESPOND TO THE CORRECT LOCATION WHERE THE EQUIPMENT, CUSTOMER, OR CALLER IS PHYSICALLY PRESENT OR WHERE SUCH EMERGENCY SERVICES ARE REQUIRED; AND
   3. ANY FAILURE OF EMERGENCY SERVICES, OR INABILITY TO REACH OR USE EMERGENCY SERVICES DUE TO CIRCUMSTANCES OUTSIDE OF ZOOM’S CONTROL INCLUDING BUT NOT LIMITED TO: (A) LOSS OF ELECTRICAL POWER; (B) LOSS OF INTERNET CONNECTIVITY; (C) DEFECTIVE OR MISCONFIGURED EQUIPMENT; (D) NETWORK CONGESTION; (E) DELAYS ASSOCIATED WITH UPDATING THE REGISTERED SERVICE LOCATION; (F) RESTRICTIONS CREATED BY NON-VOICE EQUIPMENT; (G) RELOCATED EQUIPMENT, INCLUDING OUTSIDE OF THE TERRITORY; (H) THE SIMULTANEOUS USE OF ONE LINE WITH MULTIPLE PIECES OF EQUIPMENT; (I) FAILURE OF EMERGENCY RESPONSE CENTERS TO ANSWER AN EMERGENCY CALL; (J) FAILURES OF ANY THIRD PARTIES RESPONSIBLE FOR ROUTING EMERGENCY CALLS; (K) THE USE OF NON-NATIVE TELEPHONE NUMBERS; (L) FAILURE OF EMERGENCY SERVICE PERSONNEL TO CALL BACK DIRECTLY TO THE NUMBER FROM WHICH AN EMERGENCY CALL WAS MADE OR FAILURE OF EQUIPMENT TO RECEIVE CALLBACKS FROM EMERGENCY SERVICE PERSONNEL; OR (M) NATURAL DISASTERS, FIRES, FLOODS, STORMS, EARTHQUAKES, ACCIDENTS, WAR, TERRORIST ACTS OR OTHER ACTS OF INSURRECTION, LABOR DISPUTES WITH REGIONAL IMPACT, OR MALFUNCTION OF UTILITY, COMMUNICATION, OR TRANSPORTATION SYSTEMS.
4. Acknowledgment

   By placing an order for, activating, accessing, or using Zoom Phone Native Services, Customer acknowledges that it has read, understands, and agrees to be legally bound by these Flow-Down Terms and the incorporated Zoom terms and policies.