Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:22:30

@Michael Brunet @Nicholas McFadden @Nick Ward @deleted-U04HFGHL4RW still seeing 12 month term, and termination provision doesnt line up with what we agree to. We need to be able to cancel if this doesnt work for out company.I also see an order term of 38 months which is not what we agreed to. Please help me understand what exactly you guys pshed back on and what exactly they agreed to, then we need to make sure it is referenced in the order, and termination clause.

Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:22:42
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Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:23:33
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Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:24:05

im not signing anything with a 38 month term, that we can cancel at anytime if the product does not work for our company

Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:24:34

unless the termination clause is modified with language consistent with what we discussed.

Michael Brunet (michaelbrunet@tortintakeprofessionals.com)
2024-06-24 21:26:42

Maybe that’s the wrong version 6 month cancellation is here

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Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:29:25

can you guys please ask them to check and resend, I dont see it and this is the latest one I hvae recevied

Nick Ward (nicholas@tortintakeprofessionals.com)
2024-06-24 21:39:37

I'll reach out to the Five9 team now to make sure what they are presenting is the latest. Since I/we can't see the final, I'll request a doc version to be sent as well as it seems their counsel hasn't shared it either (she and Michael's to-and-fro in the last call included her making the live updates in the doc to clear up the red-lines). The key terms that we changed were... • reduction to 140 seats from original 200 person quote • 10% reduction in usage of licenses without penalty increased to 15% • term reduced from 72 (+2 month implementation) to 38 months, then down to 6 months (+2 for implementation) • plus outside and Michael's counsel and verbiage adjustments We elected not to include any AI transcription or SMS at this time since we can do that ad hoc later and not burn cash for no reason up front.

Nicholas McFadden (nickmcfadden@shield-legal.com)
2024-06-24 21:43:34

@Michael Brunet correct me if I am wrong but my understanding from the contract is that they are giving us a 6 month opt out but if we do not exit before 6 months then we are in 38 month term. This gives us a chance to try it out and get out if we can't get it to work for us but have to make the decision before 6 months is over.

Michael Brunet (michaelbrunet@tortintakeprofessionals.com)
2024-06-24 21:44:14

You are correct Nick.

Nicholas McFadden (nickmcfadden@shield-legal.com)
2024-06-24 21:49:57

I believe that we will know whether or not we want to stay by the end of the 6 months. We are ~4 months into Connex and obviously we have known its not really working for us already.

Nicholas McFadden (nickmcfadden@shield-legal.com)
2024-06-24 21:53:06

@Cameron Rentch is this acceptable?

Cameron Rentch (cameron@internetthings.com)
2024-06-24 21:56:28

The documents just need to reflect this. What I reviewed does not.

Nicholas McFadden (nickmcfadden@shield-legal.com)
2024-06-24 21:58:48

Ok we will get them to send out the correct version.

Cameron Rentch (cameron@internetthings.com)
2024-06-24 22:00:48

Ty

👍 Nicholas McFadden
Nick Ward (nicholas@tortintakeprofessionals.com)
2024-06-25 13:50:51

Hi @Cameron Rentch, Michael, Nick and I met with Five9 this morning and the Docusign has now been updated to include an initial entry from you on the paragraph including the early termination clause.

Also, you may see that they have added the rest of us as viewers of the documents, but not as required signees. If this call to attention with the clause isn't sufficient, let us know. Thanks for sticking with this.

Nick Ward (nicholas@tortintakeprofessionals.com)
2024-06-25 13:54:10
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Cameron Rentch (cameron@internetthings.com)
2024-06-25 13:59:14

@Nick Ward see my email, the document still dos not say antyhing about being able to cancel after 6 months without cause.

Michael Brunet (michaelbrunet@tortintakeprofessionals.com)
2024-06-25 14:05:04

They would not agree to refunds

This is the language they would agree to in the Service Order:

Should the Services fail to meet Customer's requirements during the six (6) month period (the “Early Termination Period”) that starts on Service Order Date, Customer may cancel this Service Order by providing written notice to Five9 before the end of the Early Termination Period. Upon such cancellation, Customer will only have payment obligation for Services used through the effective date of cancellation.