EOL_Notice_HD_Phones

Acceptable Use Policy

 Privacy Policy

Terms and Conditions Virtual IP PBX

Federal Tax Charges

SMS Texting Terms and Conditions

Kari's Law Information

Return Policy

"IPitomy tests every system it produces to ensure products are of the highest quality."

1. Return Start Date

"Start Date" as used in this policy means (i) the date this product is shipped from IPitomy Communicaions, LLC, or (ii) in the case of resale by an authorized IPitomy Reseller, the date not more than ninety (90) days after original shipment of this product by IPitomy Communications,LLC or (iii) in the case of a pass through return policy made to an End-User pursuant to a Reseller Agreement between IPitomy and another Party, the date not more than ninety (90) days after original shipment of this product by IPitomy Communicaions, LLC to the other Party executing the Reseller Agreement.

2. Returns of Non-Defective Hardware

Unless Customer is subject to a stock rotation policy as part of a written agreement with IPitomy, IPitomy only accepts returns of unopened non-defective hardware if the return is made within thirty (30) days following the Start Date. Opened non-defective hardware returns shall be assessed a 25% restocking fee. IPitomy will accept no returns of non-defective hardware beyond thirty (30) days. All other returns of hardware products may only be made under IPitomy's Warranty Policy. Returns of non-defective hardware only apply to hardware purchased directly from IPitomy; customers who have purchased IPitomy hardware from a third party should contact that company to discuss their return policies.

3. Returns of Non-Defective Software

In IPitomy's discretion and on a case by case basis, software products that have not been activated may be returned within ten (10) days following the Start Date, and may, in IPitomy's discretion, be subject to a 25% restocking fee. All other returns of software products may only be made under IPitomy's Warranty Policy. IPitomy will not be obligated to accept returns of any Software that has been activated or otherwise used.

4. LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IPITOMY IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION OR DATA OR LOSS OF GOODWILL) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS RETURN POLICY, EVEN IF IPITOMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTIES IS REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE PRODUCT. THE MAXIMUM LIABILITY OF IPITOMY UNDER THIS DEFECTIVE OR NON-CONFORMING PRODUCT AGREEMENT IS LIMITED TO THE PURCHASE PRICE OF THE APPLICABLE PRODUCT AND ANY DAMAGES THAT MAY BE AWARDED IN A WRITTEN CONTRACT BETWEEN IPITOMY AND CUSTOMER. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY.

5. RMA (Return Material Authorization) Process for Defective Merchandise

Customers who wish to return defective hardware must contact IPitomy Technical Support for troubleshooting and approval of their return request. An IPitomy Technical Support technician will gather the appropriate account and product information and verify warranty status. All RMA approvals are subject to verification of in-warranty status upon receipt at IPitomy. Specifically, IPitomy will not repair or replace any IPitomy product that is not covered by a current, valid warranty. IPitomy IP Telephones, Gateways, Interface Cards and Appliance products have a 1-year warranty. The customer will be contacted by a representative from IPitomy's RMA Department if there is any question or concern about the status of the product warranty. IPitomy's warranty policy is available online.

Once the IPitomy Technical Support technician confirms that the hardware is defective and deems it necessary to replace the hardware, an RMA number will be assigned authorizing the customer to return the defective hardware to IPitomy. The RMA number must be included on the outside packaging of the returned hardware. Shipping costs incurred in connection with the return of a defective item to IPitomy shall be borne by customer, except in the case of a DOA (dead-on-arrival) return. For DOA's, IPitomy will cover both the return shipping costs and redelivery shipping costs (3-day domestic only). In the event the returned hardware is misrepresented as a DOA, IPitomy will charge the customer for return shipment costs plus a handling fee. When shipping an authorized return to IPitomy, please include only the hardware and/or accessories authorized along with a copy of Technical Support's authorization. IPitomy will not replace any hardware and/or accessories for which an authorization has not been issued.

By default, IPitomy will ship a replacement after receiving the defective hardware from the customer and verifying its warranty status. If the customer would like to expedite the RMA process, IPitomy can cross-ship a replacement product as soon as possible (typically same day or next day). Cross-ship orders require a valid credit card number or credit account to secure the IPitomy product. The customer's credit card or account will be credited if IPitomy receives the returned product within thirty (30) days of the date on which IPitomy ships the replacement product.

Any approved RMA should be considered provisional, based on verification of in-warranty status when the hardware is received at IPitomy. If IPitomy determines that the hardware is out of warranty, the customer will be notified. IPitomy will not cover any shipping, handling, or customs charges for hardware not authorized for return. At the customer's discretion, IPitomy will either scrap out-of-warranty hardware or return it to the customer provided the customer agrees to cover shipping costs. IPitomy anticipates receiving returns within 30 days of authorization. If for any reason the return shipment will not arrive at IPitomy within 30 days of the day the RMA was assigned, please contact IPitomy Technical Support so that the expected receive date may be updated or a new RMA number may be issued.

IPitomy resellers who wish to replace in-warranty or out-of-warranty products without an RMA should do so out of their own stock.  If the reseller has taken an in-warranty product out of service and finds it to be defective, they may return it to IPitomy by requesting an RMA.

6. Shipping

Returns are typically shipped via UPS ground within the US and via FedEx for international orders. If you have any questions, please contact a IPitomy RMA representative.

IPitomy accepts no responsibility for any unauthorized equipment sent to us. Please do not return any product without a valid RMA number, and only return the specific products approved for replacement. Prior to shipping, remove any hardware modules that were not approved for replacement. IPitomy reserves the right to deny replacement of product that was not approved for replacement prior to shipment.

7. Dispute Resolution By Arbitration

7.1
Any disputes that may arise solely between the customer and IPitomy in connection with, or related to, this Return Policy shall exclusively and finally be settled under arbitration in the state of Florida, Sarasota County, USA.

7.2
Any disputes that may arise solely between the customer and IPitomy hereto in connection with, or related to, this Return policy shall exclusively and finally be settled under the Rules for Commercial Dispute Resolution Procedures ("Rules") of the American Arbitration Association ("AAA") then in force on the date of commencement of the arbitration and the laws of the State of Florida, Sarasota County without regard to its choice of laws provisions.

7.3
Any Party may send the other Party written notice identifying the Matter and invoking the procedures of this Section 7. Within fourteen (14) days, the Parties, or representatives of the Parties, shall meet at a mutually agreed upon location, which may be on a telephone conference call at which all parties with authorization necessary to authorize a settlement are present, for the purpose of determining whether they can resolve the Matter themselves by agreement, and, if the parties have not been able to reach a mutually acceptable resolution on the Matter within fourteen (14) days after the initial meeting, then the parties shall resolve the matter in accordance with the Dispute Resolution Procedures of this Section 7 and the laws of the State of Florida, without regard to its choice of laws provisions. The parties agree to refrain from instituting any legal action, other than emergency relief under Section 7.8, during the fourteen day dispute resolution period.

7.4
Any dispute, controversy or claim arising under, out of or in connection with this Agreement, including any subsequent amendments, or the validity, enforceability, construction, performance or breach thereof, other than the IP Dispute exception provided in Section 7.5 (which shall be settled under the AAA's Patent Arbitration Rules), including any Matter which the parties do not resolve in accordance with Section 7.3 above ("Dispute"), shall be finally settled under the Rules for Commercial Dispute Resolution Procedures ("Rules") of the American Arbitration Association ("AAA") then in force on the date of commencement of the arbitration and such arbitration shall be conducted in the State of Florida.

7.5
Notwithstanding the foregoing, any and all disputes, controversies or claims relating to intellectual property rights or confidential information ("IP Dispute") arising out of or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Patent Arbitration Rules, and judgement on the award rendered by the arbitrators may be entered by any court having jurisdiction thereof.

7.6
Within fifteen (15) days after the commencement of arbitration, each party shall select one person, who shall have a minimum of three (3) years arbitration experience, to act as an arbitrator and the two (2) selected shall select a third arbitrator, also to have a minimum of three (3) years arbitration experience within ten (10) days after their appointment. If the arbitrators selected by the parties are unable to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The award rendered shall be final and binding on the parties. Judgement upon the award may be entered in any court having jurisdiction in Sarasota County, Florida. The award shall be in writing, shall be signed by a majority of the arbitrators, and shall include a statement setting for the reasons for the disposition of any claim. It is the intent of the Parties, barring extraordinary circumstances, arbitration proceedings will be concluded within sixty (60) days from the date the panel of arbitrators has been constituted. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing parties actual damages, except as required by statute; notwithstanding the foregoing, the arbitrator may award the "Costs and Fees" referenced in this section. In no event shall actual damages awarded in an arbitration, not including "Costs and Fees", initiated under this Section, exceed the amount set forth in the limitation of liability in Section 4 of this Return Policy. The Parties agree that they will not request, and the arbitrators shall have no authority to award, punitive or exemplary damages against either party. The arbitrators shall award to the prevailing party, if any, as determined by the arbitrators, all of the prevailing party's costs and fees. "Costs and Fees" means all reasonable pre-award expenses of the arbitration including the arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone costs, court costs, witness fees, and attorney's fees. No Dispute under this Agreement shall be referred to Arbitration under this Section until such Dispute has been presented to the respective presidents or senior executives of Distributor and IPitomy for their consideration and resolution pursuant to Section 7.3.

7.7
Within thirty (30) days of receipt of any award (which shall not be binding if an appeal is taken) any party may notify the AAA of an intention to appeal to a second arbitral tribunal, constituted in the same manner as the original tribunal. The appeal tribunal shall be entitled to adopt the initial award as its own, modify the initial award or substitute its own award for the initial award. The appeal tribunal shall not modify or replace the initial award except for clear errors of law or because of clear and convincing factual errors. The award of the appeal tribunal shall be final and binding, and judgment may be entered by a court having jurisdiction thereof.

7.8
If a party is in need of emergency relief prior to the constitution of the arbitration panel, that party shall notify AAA and request that the Option Rules for Emergency Measures of Protection be utilized, in lieu of seeking a court injunction. The party requesting emergency relief shall notify the AAA and all other parties in writing of the nature of the relief sought and the reasons why such relief is required on an emergency basis. The application shall also set forth the reasons why the party is entitled to such relief. Such notice may be given by facsimile transmission, or other reliable means, but must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties.

7.9
All aspects of the Matter, of the Dispute, and of its arbitration shall be treated as Confidential Information. Neither the Parties nor the Arbitrator may disclose any information about the Matter, the existence, content, or results of the arbitration, except as necessary to enforce award or to comply with legal or regulatory requirements. Before making any such disclosure, the Party intending to make the disclosure shall give the non-disclosing Party at least twenty (20) days prior written notice of such intention to afford the non-disclosing Party a reasonable opportunity to protect its interests.

1(800)IPitomy

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

© 2017 IPitomy, Inc. All rights reserved. Unauthorized duplication is a violation of applicable laws.

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

© 2017 IPitomy, LLC. IPitomy

Warranty Policy

IPitomy tests every system it produces to ensure products are of the highest quality.

1. Warranty Start Date:

"Start Date" as used in this policy means (i) the date this product is shipped from IPitomy Communications, LLC., or (ii) in the case of resale by an authorized IPitomy Reseller, the date not more than ninety (90) days after original shipment of this product by IPitomy Communications, LLC, or (iii) in the case of a pass through warranty to an End-User made pursuant to an Reseller Agreement between IPitomy and another Party, the date not more than ninety (90) days after original shipment of this product by IPitomy Communications, LLC. to the other Party executing the Reseller Agreement.

2. Hardware Warranty:

IPitomy Communications, LLC. warrants that for a period of one (1) year for IPitomy Appliances, Telephones, Gateways and Interface Cards, or ninety (90) days for accessories and hardware products not manufactured by IPitomy including cables, patch panels, rail kits, etc., from the Start Date, purchased by customer shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. In the event of a product non-conformance, IPitomy reserves the right to repair or replace the defective product with a replacement part which is either new or in like new condition. If IPitomy is unable to provide a replacement part or otherwise remedy the defective product after making commercially reasonable efforts, IPitomy reserves the right to refund a pro-rated calculation of the purchase price of the product as its exclusive warranty remedy. The pro-rated refund shall be based upon current Manufacturer's Suggested Retail Price or Reseller price whichever was paid to IPitomy, of product and will be calculated by multiplying this amount by the fractional portion of the remaining duration of the warranty period of the purchased product.

3. Software Warranty:

IPitomy warrants that the Software will substantially conform to IPitomy's specifications as set forth in the applicable documentation, at and from the date of original retail purchase of the Software for a period of ninety (90) days provided that the Software is properly installed and used as contemplated in its documentation. IPitomy's sole obligation and your sole remedy for a breach of the foregoing warranty shall be to replace the non-conforming Software with software substantially conforming to IPitomy's specifications or to refund fees as described below. IPitomy further warrants that the media on which IPitomy delivers the Software will be free of physical defects for a period of ninety (90) days or will be replaced by IPitomy. Except as otherwise agreed by IPitomy in writing, the replacement Software is subject to the terms and conditions of this Policy. If IPitomy determines in its sole discretion that a material non-conformance cannot be corrected, or that it is not practical to replace the nonconforming Software, the price paid to IPitomy by the original licensee or reseller for the Software will be refunded by IPitomy to you and the license grant automatically terminated, in which case you will promptly return to IPitomy or destroy the Software and any copies in your possession.

4. Services Warranty:

IPitomy warrants that it will perform services in a manner consistent with generally accepted industry standards. As your sole remedy and as IPitomy's sole liability for breach of the foregoing warranty, IPitomy will re-perform or remedy at no charge to you any non-conforming performance reported by you within ten (10) days of completion of services by IPitomy. IPitomy shall include technical support for the Products in accordance with the policies, terms and conditions set forth on IPitomy's web site, www.IPitomy.com, for the Products you purchase. You may elect to renew your support from IPitomy at IPitomy's then current rates unless such Products and associated Services are discontinued at IPitomy's sole discretion.

5. Restrictions on Hardware and Software Warranties:

No warranty shall apply if the hardware or software has not been installed, operated, repaired, or maintained in accordance with instructions supplied by IPitomy Communications, LLC. in the enclosed documentation. The limited warranties provided by IPitomy do not cover (i) Products that have been subjected to misuse, tampering, modification, experimentation, alteration, negligence, faulty installation, acts of terrorism, or acts of God; (ii) Products with the model or serial number altered, tampered with, or removed; (iii) Initial installation, installation and removal of the Product for repair, and shipping costs; (iv) Configuration of the Product; (v) Damage that occurs in shipment due to act of God, failures due to power surge, and cosmetic damage; (vi) Any hardware, software, firmware or other materials or services provided by anyone other than IPitomy; or (vii) Repair by anyone other than IPitomy or IPitomy's authorized representative. Unless under a current Services contract with IPitomy, you shall not upgrade or update Product using software of any origin except commercial versions of the Software released to you by IPitomy or its authorized distributors and/or Resellers from time to time. This warranty extends only to the original end user customer and is not transferable.

6. Enhanced Hardware and Software Warranties:

IPitomy, in its discretion, may provide enhanced warranties to certain parties via written agreements to extend warranty coverage and duration. The standard warranty contained herein shall always apply unless such a written agreement exists.

6.1 Four-Year Extended Hardware Warranty:

For certain products, IPitomy makes available a Four(4) Year Extended Hardware Warranty. For those products and for customers who have purchased the Four-Year Extended Hardware Warranty, IPitomy will, for a period of five(5) years from the Start Date, which is a period of four(4) additional years beyond the Standard Appliance Hardware Warranty of one (1) year, warrant that the product purchased by customer shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions.

6.2 Advanced Hardware Replacement Warranty:

For certain products, IPitomy makes available an Advanced Hardware Replacement Warranty. For those products and for those customers who have purchased the Advanced Hardware Replacement Warranty, IPitomy will, for a period of one (1) year from the Start Date, warrant that IPitomy, upon acceptance by its Support department of a valid RMA case opened by the customer, issue a replacement of the Product by advance cross-shipping. Advance Hardware Replacement includes express shipping FOB IPitomy. Customers who open a Support issue with IPitomy's Support department requesting Advanced Hardware Replacement will be required to provide a credit card purchase or credit account until the defective Product is returned to IPitomy. Customers who do not return their defective Product to IPitomy within fifteen (15) business days will be not be credited for the replacement Product.

7. Returns:

If returning a Product under warranty, returns must be made in accordance with IPitomy's Return Policy, a copy of which is available for viewing at www.IPitomy.com. All terms contained in the referenced IPitomy Return Policy shall be incorporated herein by this reference and shall be binding as if contained fully in the text of this Agreement.

Returns of all defective or malfunctioning Products by IPitomy will be made at a location determined solely by IPitomy. Return authorization and an RMA number must be obtained from IPitomy prior to return of any items.

8. LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IPITOMY IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION OR DATA OR LOSS OF GOODWILL) RESULTING FRM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS AGREEMENT, EVEN IF IPITOMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTIES IS REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE PRODUCT. THE MAXIMUM LIABILITY OF IPITOMY UNDER THIS DEFECTIVE OR NON-CONFORMING PRODUCT AGREEMENT IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT(S) WHICH IS THE SUBJECT OF THE DISPUTE. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY.

9. Dispute Resolution By Arbitration:

9.1 Any disputes that may arise solely between you and IPitomy in connection with, or related to, this Warranty Policy shall exclusively and finally be settled under arbitration in the state of Florida, USA.

9.2 Any disputes that may arise solely between you and IPitomy hereto in connection with, or related to, this Return policy shall exclusively and finally be settled under the Rules for Commercial Dispute Resolution Procedures ("Rules") of the American Arbitration Association ("AAA") then in force on the date of commencement of the arbitration and the laws of the State of Florida, without regard to its choice of laws provisions.

9.3 Any Party may send the other Party written notice identifying the Matter and invoking the procedures of this Section 9. Within fourteen (14) days, the Parties, or representatives of the Parties, shall meet at a mutually agreed upon location, which may be via a telephone conference call at which all parties necessary to authorize final decision are present, for the purpose of determining whether they can resolve the Matter themselves by agreement, and, if the parties have not been able to reach a mutually acceptable resolution on the Matter within fourteen (14) days after the initial meeting, then the parties shall resolve the matter in accordance with the Dispute Resolution Procedures of this Section 8 and the laws of the State of Florida, without regard to its choice of laws provisions.

9.4 Any dispute, controversy or claim arising under, out of or in connection with this Agreement, including any subsequent amendments, or the validity, enforceability, construction, performance or breach thereof, other than the IP Dispute exception provided in Section 9.5 (which shall be settled under the AAA's Patent Arbitration Rules), including any Matter which the parties do not resolve in accordance with Section 9.3 above ("Dispute"), shall be finally settled under the Rules for Commercial Dispute Resolution Procedures ("Rules") of the American Arbitration Association ("AAA") then in force on the date of commencement of the arbitration and such arbitration shall be conducted in the State of Florida.

9.5 Notwithstanding the foregoing, any and all disputes, controversies or claims relating to intellectual property rights or confidential information ("IP Dispute") arising out of or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Patent Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction thereof.

9.6 Within fifteen (15) days after the commencement of arbitration, each party shall select one person, who shall have a minimum of three (3) years arbitration experience, to act as an arbitrator and the two (2) selected shall select a third arbitrator, also to have a minimum of three (3) years arbitration experience within ten (10) days after their appointment. If the arbitrators selected by the parties are unable to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The award rendered shall be final and binding on the parties. Judgment upon the award may be entered in any court having jurisdiction. The award shall be in writing, shall be signed by a majority of the arbitrators, and shall include a statement setting for the reasons for the disposition of any claim. It is the intent of the Parties, barring extraordinary circumstances, arbitration proceedings will be concluded within sixty (60) days from the date the panel of arbitrators has been constituted. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing parties actual damages, except as required by statute; notwithstanding the foregoing, the arbitrator may award the "Costs and Fees" referenced in this section. In no event shall actual damages awarded in an arbitration, not including "Costs and Fees", initiated under this Section, exceed the purchase price of the product(s) which is the subject of the dispute by customer to IPitomy or total fees owed by customer to IPitomy under this Agreement. The Parties agree that they will not request, and the arbitrators shall have no authority to award, punitive or exemplary damages against either party. The arbitrators shall award to the prevailing party, if any, as determined by the arbitrators, all of the prevailing party's costs and fees. "Costs and Fees" means all reasonable pre-award expenses of the arbitration including the arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone costs, court costs, witness fees, and attorney's fees. No Dispute under this Agreement shall be referred to Arbitration under this Section until such Dispute has been presented to the respective presidents or senior executives of customer and IPitomy for their consideration and resolution pursuant to Section 9.3.

9.7 Within thirty (30) days of receipt of any award (which shall not be binding if an appeal is taken) any party may notify the AAA of an intention to appeal to a second arbitral tribunal, constituted in the same manner as the original tribunal. The appeal tribunal shall be entitled to adopt the initial award as its own, modify the initial award or substitute its own award for the initial award. The appeal tribunal shall not modify or replace the initial award except for clear errors of law or because of clear and convincing factual errors. The award of the appeal tribunal shall be final and binding, and judgment may be entered by a court having jurisdiction thereof.

9.8 If a party is in need of emergency relief prior to the constitution of the arbitration panel, that party shall notify AAA and request that the Option Rules for Emergency Measures of Protection be utilized, in lieu of seeking a court injunction. The party requesting emergency relief shall notify the AAA and all other parties in writing of the nature of the relief sought and the reasons why such relief is required on an emergency basis. The application shall also set forth the reasons why the party is entitled to such relief. Such notice may be given by facsimile transmission, or other reliable means, but must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties.

9.9 All aspects of the Matter, of the Dispute, and of its arbitration shall be treated as Confidential Information. Neither the Parties nor the Arbitrator may disclose any information about the Matter, the existence, content, or results of the arbitration, except as necessary to enforce an award or to comply with legal or regulatory requirements. Before making any such disclosure, the Party intending to make the disclosure shall give the non-disclosing Party at least twenty (20) days prior written notice of such intention to afford the non-disclosing Party a reasonable opportunity to protect its interests.

IPitomy Warranty Policy 20091219.1