SOFTWARE AND SUPPORT ADDENDUM – trixbox Pro
This addendum to the Fonality* Terms of Service and Licence Agreement for trixbox* Pro (“Agreement”) is a software and support addendum between Fonality and Customer and includes additional agreements and understandings between the parties (“SSA”). 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.
Fonality provides, on a fee-paid basis, Technical Support for the following products (the "Products"):
- trixbox Pro / SE - Standard Edition
- trixbox Pro / EE - Enterprise Edition
- trixbox Pro / CCE - Call Center Edition
Each Product has a different scope of coverage under this SSA, and certain features or coverage available with one version may no longer be covered if you switch to a different Product. Additionally, your coverage will differ based on the type of Technical Support purchased (Hourly or Annual), and may be limited by the hardware used in your installation. Support coverage is not available for all hardware configurations, and in some instances, you may be requested to modify your hardware configuration to affect a resolution of certain performance issues.
Please Note the Following Important Features of this SSA:
- Only customers with a fully paid and current SSA will be entitled to receive the benefits outlined herein.
- Full utilization of services under this SSA may require the installation, configuration, and operation of the trixbox Pro support utility as described in section A below.
- Fonality may terminate this SSA, and issue a pro-rated refund solely at its own discretion, for any reason, including but not limited to issues itemized in section C (11) below.
- Annual SSAs will automatically renew for another 12 month term unless written notice is received by Fonality within the 30 day period prior to the term anniversary (refer to Notices: section C (19) below for notification address).
SCOPE OF THE SSA
A. Qualifying for Technical Support
In order to utilize support under this SSA, the customer must download, install, and configure the trixbox support utility appropriate for the Product being supported. Using the trixbox support utility, the customer must register their configuration with Fonality Support, and will receive a unique trixbox SystemID upon successful registration. Each SystemID requires a unique SSA. The trixbox support utility must remain installed, configured, and operable for the duration of a support ticket in order to receive support under this SSA. If the customer chooses to disable, unload, or otherwise restrict access to, or operation of, the trixbox support utility from time to time for whatever reason, certain support options and coverage may become unavailable at Fonality's sole discretion, even though they may be described in the SSA.
B. Obtaining Technical Support
The following Technical Support options are available for your trixbox system;
- General Knowledge Base:
trixbox Pro (all editions):http://help.trixbox.com
The trixbox knowledge bases are available 24 hours per day, seven days per week, and should always be the first source of support information. The knowledge bases contain a wide range of information pertaining to installation, configuration, and general and technical use of your trixbox Pro system.
- Email Form:
trixbox Pro (all editions): http://cp.fonality.com/support
Sending an Email via the trixbox support web form (the Supportal) is the most expedient way to contact trixbox Technical Support. Every email message sent via the trixbox Supportal is assigned a unique ticket number, or linked to a currently open ticket. In order to utilize the Supportal, you must know your trixbox System ID (assigned by the Support Utility), enter your valid administrative email address for that SystemID, and select a trouble symptom from our pull-down menu. All tickets submitted via the Supportal will receive an electronic acknowledgement via email to the address provided during the submission process. Service Levels and Response times are noted in section C (12) below. Email support is offered only in English.
- Telephone based Technical Support
toll free: 1-888-trixbox (888-874-9269) option 7
international: +1 310-861-4322 option 7
General Technical Support via telephone is only available during local business hours, defined as 8:30AM to 7PM AEST. Customers calling after local Business hours, or with non-urgent issues, have the option to leave a voicemail message which will be noted and associated with the support ticket. Service Levels and Response times are noted in section C (12) below. Telephone Support is offered only in English.
- Emergency Hotline Technical Support (trixbox Pro EE/CCE Only)
After-hours Emergency Hotline Technical Support is available 24 hours per day, 7 days per week for EE and CCE Customers. Customers calling the Technical Support or Emergency Hotline will be prompted for their SystemID and a valid ticket number. If reporting a new issue, the Customer will be assigned a new ticket number via the Fonality Interactive Voice Response System and then placed into queue for the next available agent during coverage hours.
C. Scope of Service
The following services are generally included as part of the 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 will employ reasonably commercial efforts to provide Technical Support (hardware or software) via telephone, electronic mail, or web based utilities.
- General Coverage is defined here: http://www.fonality.com/trixbox
- Hardware Levels are defined here: http://www.fonality.com/trixbox
- Initial System Installation and Set-up
a) The latest downloadable install guide can be found at http://www.fonality.com/software-download.
b). Fonality will work with all Qualified Customers (as defined in section A above) who have a valid SSA with credit remaining at the time of contact. Customers that are unqualified, or without a valid SSA (no SSA, SSA not current, or no remaining hourly credits) will be instructed by the automated phone system to reinstate their SSA and/or purchase a minimum of two hours of hourly Technical Support, at which time they can re-contact the Technical Support team.
- Covered System Configuration Items
- Reliability / Performance Troubleshooting
Identification to mitigate Echo and/or degraded audio quality; Slow system response; or System availability;
- Remote System Monitoring and Troubleshooting
- General Technical Support issues and Guidance
- Hardware Troubleshooting
- Customer Participation
In order to provide Technical Support, you must participate with Fonality's Technical Support staff in resolving problems related your trixbox installation, including assisting with any issues related to fault isolation, problem duplication, network diagnosis, electrical power, and any third-party hardware and software (supported or unsupported). In addition, you may be required to provide information, data, access, and support, reasonably required by Fonality to support your trixbox installation, including remote and secure root access to any associated servers via a VPN or secure internet connection.
10. Specific Exclusions
trixbox Technical Support services do not include coverage for the following:
Compliance with Customer responsibilities outlined in this SSA is required for all Technical Support Contacts. Fonality will use reasonable commercial efforts to respond to Technical Support inquiries, under normal business conditions, during published coverage hours, in accordance with the response time chart below. Emergency Hotline Technical support is available in English, 24x7, for trixbox Pro EE and CCE installations for critical, system-down emergencies. Non-Emergency calls to the Hotline (as defined below) will be referred to General Technical Support for response during coverage hours.
"Response" is defined as acknowledgment of a Technical Support request, either via email or telephone, assignment of the request to an appropriate Technical Support team resource, and in the case of Critical Severity items, providing an expected timeframe for further communication.
Business totally unable to function, multiple employees impacted.
1 Business Hour
Single employee unable to function, serious impact to business.
2 Business Hours
All installation concerns. Problems that hinder productivity, adverse impact to business
4 Business Hours
Questions or concerns that are an inconvenience or do not adversely impact Customer's ability to conduct business.
24 Business Hours
13. WARRANTY, DISCLAIMERS AND LIMITATION OF LIABILITY
Fonality will not be liable for delay or failure to furnish the SSA services contemplated by this SSA when the delay or failure is caused by circumstances that are not reasonably within Fonality’s control, including an act of God, strike or lockout or other labor dispute, act of the public enemy, war (declared or undeclared), blockade, revolution, civil commotion, lightning, fire, storm, flood, earthquake, explosion, governmental restraint, embargo, inability to obtain or delay in obtaining governmental approvals, permits, or licences.
15. Term, Automatic Renewal and Payments
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.
17. Remedies for Breach
Any notice required or permitted to be sent under this Agreement shall be delivered by first class mail, return receipt requested, or via an international courier service (e.g. FedEx, DHL, UPS, etc.) to the addresses of the parties. If to Customer, the address Customer provided to Fonality in the Order. If to Fonality, Level 9, 56 Berry Street. North Sydney NSW, 2060. Notice(s) so sent will be deemed effective three days following deposit in the mail, proper postage prepaid or one day following delivery to an international courier, prepaid for overnight delivery. Additionally, and in respect to Customer only, Notice may be sent by email to any email address Customer advises on the Order or otherwise. Notice(s) sent by email will be deemed effective at the time sent, unless Fonality is notified the email was not successfully sent.
19. Entire Agreement
This SSA contains the entire agreement between Customer and Fonality and supersedes any prior or contemporaneous oral or written agreements or communications between them relating to the subject matter hereof. No printed terms in any document of Customer shall apply to the products delivered under this SSA nor shall they be binding on Fonality. In the event that any provisions in this SSA, for any reason, shall be held void or unenforceable, the remaining provisions shall remain in full force and effect and shall control.
20. Governing Law
This SSA shall be governed by and construed under the laws in force in New South Wales. To the extent permitted by law, the parties disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods and any successor thereto is disclaimed. Customer hereby irrevocably submits to the jurisdiction of the courts of New South Wales with respect to any proceeding under this SSA or relating to the Product or any SSA service. Customer will not prosecute any action, suit, proceeding or claim arising under or by reason of this SSA except in such courts.
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.AU/LEGAL (THE “WEBSITE”) AND CUSTOMER MUST CHECK THE WEBSITE FOR ANY ALTERATIONS TO THIS SSA ON A REGULAR BASIS. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. IF YOU DO NOT AGREE TO THE POSTED, REVISED SSA TERMS AND CONDITIONS, YOUR SOLE RECOURSE IS TO TERMINATE THIS SSA, SUBJECT TO SECTIONS 15 AND 18 HEREIN. CONTINUED USE OF THE PRODUCT FOLLOWING THE POSTING OF MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED SSA TERMS AND CONDITIONS. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT: INFO@FONALITY.COM.
© 2014 Fonality, Inc. All rights reserved. Unauthorized duplication is a violation of applicable US, Australian and international laws.
*Unregistered or registered trade-mark(s) of Fonality, Inc. or its subsidiaries.