Fonality* is committed to providing our customers with a great user experience, the latest features and performance enhancements and responsive customer service. Therefore, we offer to all PBXtra* customers the option to purchase an annual Software and Support Agreement (the “Support Agreement”, or “SSA”). Only customers with a current, fully paid SSA will be entitled to receive the benefits outlined herein. An SSA may be purchased at any time; however, premium rates will apply for SSA purchases after the initial PBXtra system purchase.
This addendum to the Fonality Terms of Service and License Agreement for PBXtra (“Agreement”) is an addendum between Fonality and Customer and includes additional agreements and understandings between the parties. If any one or more of the provisions of this SSA shall for any reason be held to be contradictory to the Agreement, the terms of this SSA shall be considered the final understanding and agreement between Customer and Fonality regarding the contradictory terms. Terms and conditions of the Agreement not expressly amended by this SSA remain in full force and effect. Any terms used but not otherwise defined in this SSA will have the meaning given to them in the Agreement.
Important Features of this SSA:
1.1 During the term of the SSA, and as determined at Fonality’s sole discretion, the Customer is eligible to receive certain software updates, including critical bug fixes, security patches and other patches to be necessary for proper system operation.
1.2 While most updates will appear seamless to the Customer, some updates may require a software download, an equipment upgrade at Customer’s expense, a system reboot or other action on the part of the Customer.
1.3 Future Version Upgrades. From time to time, Fonality may release new software versions and or feature upgrades. These releases are paid upgrades and are not considered Software Maintenance.
1.4 Support of Non-current Versions. Fonality will provide Technical Support as described below for the current version, and for two prior versions. In some cases, resolution of a technical support issue may require upgrading to the current version at the Customer’s expense.
1.5 90 Day Grace Period. During the first 90 days after the purchase of a new PBXtra system, if Fonality releases any new software versions or feature upgrades, your system will be upgraded to most current version at no charge.
2. OBTAINING TECHNICAL SUPPORT
The following Technical Support options are available for your PBXtra System:
2.1 General Knowledge Base: http://help.fonality.com
The Fonality knowledgebase contains a wide range of information pertaining to installation, configuration, usage and maintenance of your PBXtra system. Customers are highly encouraged to see if their technical support issues are addressed in the Knowledgebase.
2.2 Email Form: http://support.fonality.com
Sending an Email via our support website at http://support.fonality.com is the best way to contact Technical Support. Every email message sent to Fonality support is assigned a ticket number, or updates an existing ticket. Customers with ticket numbers will be served before those who opt to use support by phone without a ticket number.
2.3 Telephone: 1-877-FONALITY
Telephone support is only available during our normal hours of operations (M-F 8am - 5 pm PST/PDT). For after-hours system down emergencies, Customers with a valid ticket number may leave a voicemail in the support voicemail mailbox, which will be dispatched to an on-call technician. Please refer to our response times below.
3. SCOPE OF SERVICE
The following services are generally included as part of the SSA. Section 4 below outlines services and issues specifically excluded from this SSA. Items outside of this scope of service may be provided at Fonality’s discretion by Fonality or other third party resources as consultation services at prevailing hourly rates. Fonality Support is provided on a reasonable basis via telephone, electronic mail, or web based utilities only.
3.1 System Installation and Set-up
3.2 System Configuration Service
3.4 Reliability/Performance Troubleshooting
Identification and reasonable efforts to correct the occurrence of the following:
3.5 Remote System Monitoring and Troubleshooting
3.6 General Technical Support Issues and Guidance
3.7 Equipment Troubleshooting and RMA
3.8 Response Time
Severity |
Description |
Response Time |
Critical |
Business totally unable to function, multiple employees impacted. |
1 Hour |
Serious |
Single employee unable to function, serious impact to business. |
2 Hours |
Normal |
All installation concerns, Problems that hinder productivity, adverse impact to business. |
4 Hours |
Low |
Questions or concerns that are an inconvenience or do not adversely impact Customer’s ability to conduct business. |
24 Hours |
4. SPECIFIC EXCLUSIONS. Fonality support services do not include the following:
4.1 Manual customization of the system software or system configurations. All configuration changes must be made via the Fonality administrative web interface.
4.2 Customization of IP Phone configurations or functionality (button programming, logos, etc.).
4.3 Application of the system for any purpose that it was not designed for or intended to address.
4.4 Software Phone or “Softphone” configuration or troubleshooting for softphones not provided through Fonality.
4.5 Configuration or troubleshooting for any IP or Analog phone not provided by Fonality, or configured remotely by Fonality, as part of the original system purchase.
4.6 Configuration or troubleshooting of Customer supplied equipment, including, but not limited to: channel banks, switches, firewalls or routers.
4.7 Troubleshooting of remote telecommuter configurations that use unsupported networking equipment, firewalls, or connectivity equipment (hotel based shared DSL or internet connections, low bandwidth DSL-modems, shared cable-TV or satellite based internet connections).
4.8 Troubleshooting of unsupported network equipment or firewalls, or configurations that deviate from the supported examples provided by Fonality.
4.9 Troubleshooting or resolution of issues related to Internet access quality, bandwidth, or other issues related to Customer’s internet service providers.
4.10Troubleshooting or resolution of issues related to local telephone service configuration or termination, and associated Customer premise wiring and data / network cabling.
5. ADDITONAL TERMS AND CONDITIONS
5.1 Access Protection
Customer is responsible for protecting all account passwords and for any use, authorized or unauthorized, made of Customer’s account. Customer agrees to comply with the rules appropriate to any network to which Customer may gain access via the services of Fonality. Customer acknowledges the risks associated with transmitting or making available any proprietary, confidential, or otherwise valuable information that Customer desires to keep confidential over any part of the Internet without encryption, nor reside without firewall protection on computers connected to the Internet.
5.2 Term, Automatic Renewal and Payments.
5.3 Grounds for Contract Termination by Fonality
In addition to any breach of the terms and conditions of this SSA, Fonality reserves the right to terminate the SSA on the following grounds:
5.4 Remedies for Breach:
By Fonality: If Fonality shall be in breach of this SSA, Customer may cancel the undelivered portion of purchase orders upon thirty (30) days written notice unless Fonality cures such breach with such notice period. Any money paid in advance by Customer to Fonality for goods not shipped or services not rendered will be promptly reimbursed. The foregoing shall be the exclusive remedy of Customer for any Fonality breach of this SSA.
By Customer: If Customer shall be in material breach of this SSA and fails to cure said breach within thirty (30) days of written notice thereof from Fonality, Fonality shall thereupon have the right without further notice to (1) bill and declare due and payable the aggregate purchase price for all undelivered products under this SSA, (2) defer shipment hereunder until such default, breach or repudiation is removed, and/or (3) cancel the undelivered portion of this SSA in whole or in part, with Customer remaining liable for damages. Further, if Customer fails to pay any amount hereunder as it becomes due or wrongfully rejects goods hereunder, in addition to any other remedies it may have in law or equity or hereunder, Fonality shall have the right to recover, in addition to the purchase price of such goods, all costs incurred by Fonality to collect the same.
6. MODIFICATIONS
FONALITY RESERVES THE RIGHT, AT FONALITY’S SOLE DISCRETION, TO CHANGE, MODIFY OR OTHERWISE ALTER THIS SSA AT ANY TIME. YOU CAN FIND THE MOST RECENT VERSION OF THIS SSA AT WWW.FONALITY.COM/LEGAL (THE “WEBSITE”). SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. CONTINUED USE OF SUPPORT SERVICES FOLLOWING THE POSTING OF MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED SSA TERMS. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT: INFO@FONALITY.COM.
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*Unregistered or registered trade-mark(s) of Fonality, Inc. or its subsidiaries.