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IPitomy IP PBX

SOFTWARE AND SUPPORT ADDENDUM

IPitomy IP PBX

IPitomy 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 IPitomy IP PBX 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 IPitomy IP PBX system purchase.

This addendum to the IPitomy Terms of Service and License Agreement for IPitomy IP PBX(“Agreement”) is an addendum between IPitomy 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 Reseller and IPitomy 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:

• -- This SSA is non-transferable. Resale of any IPitomy IP PBX system will void any SSA in effect. The purchaser will be required to purchase a new SSA to receive the benefits outlined in this SSA.

• -- IPitomy may terminate this SSA and issue a pro-rated refund at its discretion due to issues identified in section 5 below.

• -- This SSA will automatically renew each year unless we receive notice from you of termination prior to renewal.

• --1. SOFTWARE MAINTENANCE

• -- During the term of the SSA, and as determined at IPitomy’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.

• -- While most updates will appear seamless to the Customer, some updates may require a software download, system reboot or other action on the part of the Customer.

• -- Future Version Upgrades. From time to time, IPitomy may release new software versions and or feature upgrades. These releases are paid upgrades and are not considered Software Maintenance.

• -- Support of Non-current Versions. IPitomy 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.

• -- 90 Day Grace Period. During the first 90 days after the purchase of a new IPitomy IP PBX System, if IPitomy 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 IPitomy IP PBX System:

2.1 General Knowledge Base: http://wiki.IPitomy.com

The IPitomy knowledgebase contains a wide range of information pertaining to installation, configuration, usage and maintenance of your IPitomy IP PBX System. Customers are highly encouraged to see if their technical support issues are addressed in the Knowledgebase.

2.2 Email Form: http://ticket.IPitomy.com

Sending an Email via our support website at http://ticket.IPitomy.com is the best way to contact Technical Support. Every email message sent to IPitomy 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: 1-941-306-2200 Option 2

Telephone support is only available during our normal hours of operations (M-F 8:30am - 6:30 pm EST/EDT) for Customers in eastern and Central time zones. Customers in Pacific and Mountain time zones hours are 8:30 am to 5:30 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 IPitomy’s discretion by IPitomy or other third party resources as consultation services at prevailing hourly rates. IPitomy Support is provided on a reasonable basis via telephone, electronic mail, or web based utilities only.

3.1 System Installation and Set-up

• -- IPitomy IP PBX systems have an install guide. You can browse the install guide at: http://wiki.IPitomy.com

• -- All Customers are encouraged to take advantage of up to one hour of installation support by appointment with an IPitomy technician within the first thirty (30) calendar days subsequent to receiving their IPitomy IP PBX System (or 35 days from the IPitomy ship date, whichever comes first).

• - IPitomy will work with supported Customers who are experiencing installation difficulties, provided the Customer obtains a valid ticket number as described above. IPitomy will use reasonable efforts to bring the Customer’s IPitomy IP PBX System into full working order.

3.2 System Configuration Service

• - Configuration of IP phones and system interoperability for products purchased from IPitomy.

• - Information and suitable documentation for addition/change/removal of extensions from the system.

• - Basic instructions for initial Customer setup, or one-time reconfiguration of existing equipment, for remote telecommuter applications.

• - Support for the maintenance of system configuration for proper interoperability with local phone service and approved SIP Providers.

• - IP phone firmware upgrade instructions. Firmware upgrades may be performed by IPitomy remotely when, in the opinion of IPitomy Technical Support, it is appropriate to solve basic interoperability problems (additional fees may apply).

• - Assistance in troubleshooting problems with IP phones and associated configuration.

• - Remote re-configuration of phones (when possible) to address basic function concerns (additional fees may apply).

• - Configuration for the correct Date/Time display on phones that have internal clocks.

• - Adjustment of signaling to be compatible with loopstart, groundstart, or kewlstart signaling on analog line ports in accordance with the specifications provided to Customer from the local telephone company or other carrier / service provider providing that proper electrical signaling is in place and tested at the IP PBX System. Customers are responsible for assuring that the local exchange carrier is providing trouble free service and that all specifications are adhered to.

3.4 Reliability/Performance Troubleshooting

Identification and reasonable efforts to correct the occurrence of the following:

• - Echo and/or degraded audio quality.

• - Slow system response.

• - System availability problems.

3.5 Remote System Monitoring and Troubleshooting

• - IPitomy will remotely monitor the system’s ability to place calls on a regular basis (When using IPitomy SIP Trunks or Cloud Router). This is an automated process that alerts IPitomy of most SIP Connectivity failures at the Customer location.

• - IPitomy will notify the appropriate people of failures received from the automated system, by sending a notification to installing technicians or appropriate IT resources, and will coordinate resolution with Customer when appropriate.

3.6 General Technical Support Issues and Guidance

• - Guidance on configurations or applications of the IPitomy IP PBX product for solutions the product was designed to address.

• - Suggestions for maximum performance, flexibility, and security as per standard IPitomy IP PBX installation, and suited to Customer requirements if possible.

3.7 Hardware Troubleshooting and RMA

• - Except as outlined in the Agreement and immediately below, replacement of IPitomy supplied equipment will be coordinated between the parties under the terms of the manufacturer’s warranty and utilizing an RMA.

• - Some third-party provided hardware (including, but not limited to, products supplied by Grandstream, Digium and Cisco/Linksys if not purchased from IPitomy) is covered by manufacturer’s warranty. The Customer is the owner of this warranty, and therefore any hardware defects in these products will be coordinated directly between the Customer and the respective manufacturer. IPitomy will provide support during this process as reasonably able only to products that are purchased through IPitomy.

3.8 Response Time

• - IPitomy will use reasonable efforts to respond to support inquiries, under normal business conditions, in accordance with the response time chart below. Severity will be assigned in good faith by the IPitomy support team.

• - Response times apply between 8:30 AM and 6:30 PM Eastern Time for Central and Eastern time zones and between 8:30 and 5:30 for Pacific and Mountain time zones , Monday through Friday. Emergency support is available during other times only for critical, system-down issues on a fee basis. Response times apply within published IPitomy Business Hours for all non-critical issues for customers in the time zone covered. After hours requests require payment in advance and will be responded to once notification of paid support has been received in a reasonable time. 

• - “Response” is defined as acknowledgement of the support request, either via email or telephone, assignment of the request to an appropriate resource and, in the case of after-hours Critical issues, provision of an expected timeframe for further communication. Customers must obtain a valid ticket number through email, web, or from an IPitomy customer service agent.

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

IPitomy support services do not include the following:

• - Manual customization of the system software or system configurations. All configuration changes must be made via the IPitomy administrative web interface.

• - Customization of IP Phone configurations or functionality

• - Application of the system for any purpose that it was not designed for or intended to address.

• - Software Phone or “Softphone” configuration or troubleshooting for softphones not provided through IPitomy.

• - Configuration or troubleshooting for any IP or Analog phone not provided by IPitomy, or configured remotely by IPitomy, as part of the original system purchase.

• - Configuration or troubleshooting of Customer supplied equipment, including, but not limited to: channel banks, switches, firewalls or routers.

• - Troubleshooting of remote telecommuter configurations that use unsupported networking hardware, firewalls, or connectivity equipment (hotel based shared DSL or internet connections, low bandwidth DSL-modems, shared cable-TV or satellite based internet connections).

• - Troubleshooting of unsupported network hardware or firewalls, or configurations that deviate from the supported examples provided by IPitomy.

• - Troubleshooting or resolution of issues related to Internet access quality, bandwidth, or other issues related to Customer’s internet service providers.

• - Troubleshooting 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 IPitomy. 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.

• - The term of this SSA is one year, beginning from the date of purchase or your system is provisioned by IPitomy, whichever is later; or other pro-rated term as separately agreed upon and identified in your invoice. This term shall be subject to automatic renewal periods, each one (1) year in duration, unless (a) a notice of an intent not to renew the SSA is provided by either party more than thirty (30) days prior to the expiration of the then-current term; or (b) this SSA is terminated for cause as described below.

• - Unless otherwise instructed by the Customer, and if a valid credit card is on file with IPitomy, IPitomy will charge the Customer’s credit card on file within thirty (30) days of such term expiration for the amount of SSA renewal. If no credit card is on file with us, an invoice for the renewal of this SSA will be sent to the email address on file for the account and will be due upon receipt.

5.3 Grounds for Contract Termination by IPitomy

In addition to any breach of the terms and conditions of this SSA, IPitomy reserves the right to terminate the SSA on the following grounds:

• - If the Customer makes modifications to the system that compromises IPitomy’s ability to support the system.

• - If the Customer uses tools, commands or other methods of system configuration not specifically provided by IPitomy and as directed by IPitomy Technical Support.

• - If the Access connection to the IPitomy system is closed down.

• - If the Customer makes changes to any software included with the system, including, but not limited to altering the versions of Linux, Asterisk, Apache, Perl or any other supporting libraries or packages.

• - If the Customer has intentionally attempted to add devices to the system without using the IPitomy IP PBX admin web interface.

• - Modification of the ssh configuration of the IPitomy IP PBX System. RSA key files and authorization rules must remain unchanged.

• - Addition of additional kernel modules or alternations to the operating system.

• - Installation of other custom applications, third-party products, or utilities upon the IPitomy supported Hardware for any reason unless explicitly directed to do so by IPitomy Technical Support.

• - At IPitomy’s discretion, if the Customer or their representative(s) act in an abusive or otherwise un-businesslike manner, or if the Customer’s technical environment is considered otherwise unsupportive.

5.4 Remedies for Breach:

• - By IPitomy: If IPitomy shall be in breach of this SSA, Buyer may cancel the undelivered portion of purchase orders upon thirty (30) days written notice unless IPitomy cures such breach with such notice period. Any money paid in advance by Buyer to IPitomy for goods not shipped or services not rendered will be promptly reimbursed. The foregoing shall be the exclusive remedy of Buyer for any IPitomy breach of this SSA.

• - By Buyer: If Buyer shall be in material breach of this SSA and fails to cure said breach within thirty (30) days of written notice thereof from IPitomy, IPitomy 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 Buyer remaining liable for damages. Further, if Buyer 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, IPitomy shall have the right to recover, in addition to the purchase price of such goods, all costs incurred by IPitomy to collect the same.

• -6. MODIFICATIONS

IPITOMY RESERVES THE RIGHT, AT IPITOMY’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.IPITOMY.COM/ (THE “WEBSITE”). SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. YOUR 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: This email address is being protected from spambots. You need JavaScript enabled to view it. .

Annual Software Maintenance and Support Pricing

With IPitomy IP PBX Systems, peace of mind comes at a reasonable expense. Our professional support plan is priced per user extension, per year, and varies depending on the total number of users.

We highly recommend purchasing an annual support plan so that we can help with any issues or questions, whenever they arise. All support plans are paid in advance. 

Users (phones) Per User Annual Fee

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IPitomy is a registered trade-mark(s) of IPitomy, Inc. or its subsidiaries.

© 2017 IPitomy, LLC. IPitomy