Common use of Arbitration of Certain Disputes Clause in Contracts

Arbitration of Certain Disputes. On the first occasion that the legal entity in whose name 8x8 agrees to provide Services (“Customer”) performs any of the following acts, such entity thereby enters into a legally-binding contract with 8x8, Inc. (or the other entity specified in Customer’s initial Order, if applicable) (“8x8”), a Delaware corporation, that applies to and governs all sale, provision, acquisition, and/or use of Ordered Products (the “Agreement”): (a) entering into an agreement, order, or other document that incorporates these 8x8 UCaaS/CCaaS Service Terms or otherwise agreeing to or accepting these 8x8 UCaaS/CCaaS Service Terms or (b) accessing or using any SaaS Services after being notified that these 8x8 UCaaS/CCaaS Service Terms apply to such SaaS Services or to such accessing or use thereof. The Agreement shall consist of these 8x8 UCaaS/CCaaS Service Terms and all content expressly incorporated herein (these “Terms”) and all Orders, SOWs, and other documents entered into by or on behalf of Customer and 8x8 or its Affiliate in respect of Customer’s acquisition and/or use of Ordered Products. The individual who agrees to or accepts these Terms represents and warrants to 8x8 that he or she has the authority to bind Customer to the Agreement and enter into the Agreement on Customer’s behalf. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, THEN HE/SHE SHOULD NOT ACCEPT THESE TERMS, ENTER INTO ANY ORDER, OR ORDER, ACCESS, OR USE THE SaaS SERVICES OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO. These Terms apply with respect to all Orders, all SaaS and Project Services (“Services”), and all equipment ordered or provided under the Agreement (such equipment, “Ordered Equipment”; such Services and equipment together, “Ordered Products”). In the event of any conflict among the documents that comprise the Agreement, the following order of precedence shall apply:

Arbitration of Certain Disputes. On the first occasion that the legal entity in whose name 8x8 agrees to provide Services (“Customer”) performs any of the following acts, such entity thereby enters into a legally-binding contract with 8x8, Inc. (or the other entity specified in Customer’s initial Order, if applicable) (“8x8”), a Delaware corporation, that applies to and governs all sale, provision, acquisition, and/or use of Ordered Products (the “Agreement”): (a) entering into an agreement, order, or other document that incorporates these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms or otherwise agreeing to or accepting these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms or (b) accessing or using any SaaS Services after being notified that these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms apply to such SaaS Services or to such accessing or use thereof. The Agreement shall consist of these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms and all content expressly incorporated herein (these “Terms”) and all Orders, SOWs, and other documents entered into by or on behalf of Customer and 8x8 or its Affiliate in respect of Customer’s acquisition and/or use of Ordered Products. The individual who agrees to or accepts these Terms represents and warrants to 8x8 that he or she has the authority to bind Customer to the Agreement and enter into the Agreement on Customer’s Customer‘s behalf. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, THEN HE/SHE SHOULD NOT ACCEPT THESE TERMS, ENTER INTO ANY ORDER, OR ORDER, ACCESS, OR USE THE SaaS SERVICES OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO. These Terms apply with respect to all Orders, all SaaS and Project Services (“Services”), and all equipment ordered or provided under the Agreement (such equipment, “Ordered Equipment”; such Services and equipment together, “Ordered Products”). In the event of any conflict among the documents that comprise the Agreement, the following order of precedence shall apply:

Arbitration of Certain Disputes. On the first occasion that the legal entity in whose name 8x8 agrees to provide Services (“Customer”) performs any of the following acts, such entity thereby enters into a legally-binding contract with 8x8, Inc. (or the other entity specified in Customer’s initial Order, if applicable) (“8x8”), a Delaware corporation, that applies to and governs all sale, provision, acquisition, and/or use of Ordered Products (the “Agreement”): (a) entering into an agreement, order, or other document that incorporates these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms or otherwise agreeing to or accepting these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms or (b) accessing or using any SaaS Services after being notified that these 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms apply to such SaaS Services or to such accessing or use thereof. The Agreement shall consist of these These 8x8 UCaaS/CCaaS Virtual Office and Virtual Contact Center Service Terms and all content expressly incorporated herein (these “Terms”) and all Orders, SOWs, and other documents entered into by or on behalf of Customer and 8x8 or its Affiliate in respect of Customer’s acquisition and/or use of Ordered Products. The individual who agrees to or accepts these Terms represents and warrants to 8x8 that he or she has the authority to bind Customer to the Agreement and enter into the Agreement on Customer’s Customer‘s behalf. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, THEN HE/SHE SHOULD NOT ACCEPT THESE TERMS, ENTER INTO ANY ORDER, OR ORDER, ACCESS, OR USE THE SaaS SERVICES OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO. These Terms apply with respect to all Orders, all SaaS and Project Services (“Services”), and all equipment ordered or provided under the Agreement (such equipment, “Ordered Equipment”; such Services and equipment together, “Ordered Products”). In the event of any conflict among the documents that comprise the Agreement, the following order of precedence shall apply:

Arbitration of Certain Disputes. On the first occasion that the legal entity in whose name 8x8 SIPspace agrees to provide Services (“Customer”) performs any of the following acts, such entity thereby enters into a legally-legally- binding contract with 8x8SIPspace, Inc. (or the other entity specified in Customer’s initial Order, if applicable) (“8x8SIPspace”), a Delaware corporation, that applies to and governs all sale, provision, acquisition, and/or use of Ordered Products (the “Agreement”): (a) entering into an agreement, order, or other document that incorporates these 8x8 SIPspace UCaaS/CCaaS Service Terms or otherwise agreeing to or accepting these 8x8 SIPspace UCaaS/CCaaS Service Terms or (b) accessing or using any SaaS Services after being notified that these 8x8 SIPspace UCaaS/CCaaS Service Terms apply to such SaaS Services or to such accessing or use thereof. The Agreement shall consist of these 8x8 SIPspace UCaaS/CCaaS Service Terms and all content expressly incorporated herein (these “Terms”) and all Orders, SOWs, and other documents entered into by or on behalf of Customer and 8x8 SIPspace or its Affiliate in respect of Customer’s acquisition and/or use of Ordered Products. The individual who agrees to or accepts these Terms represents and warrants to 8x8 SIPspace that he or she has the authority to bind Customer to the Agreement and enter into the Agreement on Customer’s behalf. IF SUCH INDIVIDUAL DOES NOT HAVE SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, THEN HE/SHE SHOULD NOT ACCEPT THESE TERMS, ENTER INTO ANY ORDER, OR ORDER, ACCESS, OR USE THE SaaS SERVICES OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO. These Terms apply with respect to all Orders, all SaaS and Project Services (“Services”), and all equipment ordered or provided under the Agreement (such equipment, “Ordered Equipment”; such Services and equipment together, “Ordered Products”). In the event of any conflict among the documents that comprise the Agreement, the following order of precedence shall apply:: (i) an Order (solely as to type, quantity, billing, and pricing of the Services or equipment ordered thereunder); (ii) an SOW (solely as to the performance of the Project Services ordered thereunder and the billing of amounts related thereto); (iii) these Terms; and (iv) Orders and SOWs (as to all other matters). In the event of any conflict among the components of these Terms, the following order of precedence shall apply: (1) the SIPspace UCaaS/CCaaS Regional Terms included at the end hereof (the “Regional Terms”) (which are incorporated herein), (2) the SIPspace UCaaS/CCaaS Use Policy (available at xxx.XXXxxxxx.xxx/xxxxx-xxx-xxxxxxxxxx/xxx-xxxxxx) (the “Use Policy”) (which is incorporated herein), and (3) the other components of these Terms. For the avoidance of doubt, any reference in an Order or other document or content to the “SIPspace Virtual Office and Virtual Contact Center Service Terms” or the “SIPspace Virtual Office and Virtual Contact Center Regional Terms” shall be deemed to refer to these Terms or the Regional Terms, respectively, which were formerly titled as such.