AT&T MOBILE BUSINESS AGREEMENT

AT&T MOBILE BUSINESS AGREEMENT
Version 14-A

This AT&T Mobile Business Agreement (“AMB”) between Customer and AT&T Mobility National Accounts LLC (“AT&T”), on behalf of itself and as agent for the Carriers, consists of (a) the AT&T Mobile Business Program Description set forth below (the “Program Description”), (b) the General Terms and Conditions in effect on the Effective Date and found at the Program Website (the “General Terms and Conditions”), including its provisions requiring that disputes be resolved by binding individual arbitration instead of jury trials or class actions and (c) all materials incorporated by reference in the General Terms and Conditions, such as applicable Sales Information and Attachments found at www.att.com/abs-addtl-terms, www.att.com/smallbusiness/wireless/ or such other site determined by AT&T found at the Program Website, and the AT&T Acceptable Use Policy found at www.att.com/legal/terms.aup.html (collectively, the “Agreement”).

Program Website: www.att.com/amb.

The Agreement is for an initial term beginning on the Effective Date and continuing for a period of three years. At the end of this initial term, the Agreement will automatically continue on a month-to-month basis unless one party gives notice to the other party of its intention to allow the Agreement to expire within thirty days prior to the expiration of the then current term. The “Effective Date” is the date on which the last party signs this Agreement.

PROGRAM DESCRIPTION

1. SERVICE

AT&T, through Carriers, will provide Service (as defined, along with other terms used herein, in the General Terms and Conditions) to Customer and its current W-2 employees and/or individuals who receive a K-1 form from Customer (collectively, “Employees”). Employees may receive Service either: (a) under Customer’s account (“Corporate Responsibility Users” or “CRUs”); or (b) under individual accounts in accordance with the terms of the Service Discount and AT&T Signature Program Attachment found at the Program Website (“Individual Responsibility Users” or “IRUs”). CRUs and IRUs are, at times, referred to collectively as “End Users”. Provided Customer and its End Users meet AT&T’s corresponding eligibility requirements, AT&T will provide Customer and qualified IRUs, as applicable, with a discount on the Monthly Service Charge of Qualifying Plan(s) (the “Service Discount”), as described in more detail in the Service Discount and AT&T Signature Program Attachment found at the Program Website.

2. AT&T MOBILE BUSINESS PROGRAM ELIGIBILITY REQUIREMENTS

3. FINANCIAL RESPONSIBILITY

Customer must pay for all amounts incurred under the Agreement, regardless of whether such amounts were incurred by and/or invoiced to Customer or its CRUs. Customer is not liable for any amounts incurred by and invoiced to IRUs under this Agreement or any IRU Service Agreement.

4. EQUIPMENT PURCHASE METHODS AND CANCELLATION FEE

* This purchase method is offered at AT&T’s sole discretion. If offered, the service commitment and any installment plan options may vary by device and may not be available in all sales channels.

** The applicable Cancellation Fee found at the above link may be changed by AT&T from time to time, and AT&T will provide to Customer notice of any such changes. Any such changes will apply to CRU lines of Service that are activated after the effective date of the changes.

The Cancellation Fee will not apply to service terminations within the first 30 days after activation so long as Customer returns the applicable Equipment and pays an applicable restocking fee. See www.att.com/smallbusiness/wireless/return-policy/CRU-equipment-ETF for more details.

5. RESALE AND OTHER PROHIBITED USES

Customer and its CRUs are not permitted to resell, reproduce, retransmit, or disseminate Service or any other program components to third parties whether directly or indirectly, including, without limitation, through machine-to-machine transmissions.

6. BINDING INDIVIDUAL ARBITRATION AND FORUM SELECTION

Notwithstanding anything to the contrary elsewhere in the Agreement, all disputes between the parties will be resolved in accordance with AT&T’s Informal Dispute Resolution and Binding Individual Arbitration provisions (including without limitation, the Forum Selection provision) contained in Section 9 of the General Terms and Conditions portion of the Agreement and can be found by typing www.business.att.com/content/dam/businesscenter/pdf/legal/att-small-business-GTCs.pdf. Arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted.

7. PROHIBITED NETWORK USES AND OTHER AT&T RIGHT TO CHANGE, SUSPEND OR TERINATE SERIVICE

If Customer engages in Prohibited Network Uses or other prohibited activities described elsewhere in the Agreement (for example, in the Additional Service and Equipment Related Terms or in other Sales Information for Customer’s selected Service), then in addition to its other rights under the Agreement, AT&T may undertake the applicable remedies set forth in such portion of the Agreement.

8. WI-FI CALLING AND 911 CALLS

Customer acknowledges that it has received and understands, and has informed its CRUs of, the information about 911 calls using Wi-Fi Calling as an AT&T wireless service customer contained in the Additional Service and Equipment Related Terms portion of the Agreement, which is a part of the Agreement and can be found by typing www.att.com/abs-addtl-terms, and Customer further agrees that if a CRU dials 911 on Equipment using Wi-Fi Calling, AT&T may treat the automatic location information transmitted by the Equipment as the temporarily updated Wi-Fi Calling Emergency Address.

By signing below on behalf of Customer, I am representing and warranting that:

I have reviewed, and agree on behalf of Customer to, all of the terms and conditions of the Agreement, including, without limitation, the General Terms and Conditions incorporated by reference and found at www.att.com/amb.

I understand Customer will not be able to participate in, or obtain wireless service under, the AT&T Mobile Business Program until I sign the Agreement via AT&T’s electronic AMB Agreement Acceptance process.