TELEGO ONSITE TERMS
1. CUSTOMER RESPONSIBILITIES:
• Onsite installation assistance (placement of phones and server, user training)
• Cat 5e or better cabling to each IP telephone
• Ample, grounded power for each server
• UPS (Uninterruptible Power Supply) and fault protection is highly recommended
• Internet or Wide Area Network (WAN) to support desired remote or interoffice VoIP, including appropriate firewall configuration and Quality of Service mechanisms
2. TELEGO SUPPORT DESCRIPTION:
• 30 days of extended care post installation
• One (1) year of technical support for products sold or installed by TELEGO
• Includes one (1) Digium Silver Subscription for each telephone and analog station port
• Administrator or IT support (some technical capability required)
• Remote, email, web, and business hour telephone support (business hours are Monday through Friday from 9:00 AM to 5:00 PM EST)
• Onsite time and materials labor is $125.00 /per hour plus travel expenses
TeleGo hereby agrees to support the equipment as listed. This contract is subject to the following terms and conditions:
1) Duration: shall be effective from the date of installation and shall remain in effect for one (1) year or until terminated as set forth in this agreement.
2) Performance: TeleGo agrees to exercise Digium and other TeleGo manufacturers’ (hereafter Manufacturers) warranties in order to maintain telephone system in good working order when system subjected to normal use and service, as long as customer shall not be in default of any provision of this agreement between the parties. TeleGo agrees to repair or replace equipment which has become defective through normal wear and usage. This TeleGo Care Agreement does not include labor and material costs for relocation, rearrangement, addition to or removal of equipment, for which the customer agrees to pay additional charges in accordance with TeleGo current rates for such services. Hourly Rate – Per Call: TeleGo will provide support during our regular business hours (9:00 am to 5:00 pm, Monday to Friday excluding Holidays). The hourly labor rate is $125.00 /per hour (or current rate) minimum two (2) hour charge, does not include a minimum of one (1) hour for travel time, see travel time rate below. Overtime Rate: Per Call / Hourly Rate: TeleGo will provide support after normal business hours (9:00 am – 5:00 pm, Monday through Friday excluding Holidays) upon customers' request. The hourly labor rate is $187.50 /per hour (or current rates) with a minimum of two (2) hour charge, does not include a minimum of one (1) hour for travel time, see travel time rate hereafter. Travel Time Rate – Per Call / Hourly Rate: TeleGo travel rate is $45.00 /per hour and shall not be billed when servicing systems remotely. Travel fees, such as airfare, will require additional charges.
3) Exclusions: This agreement does not cover parts damaged due to lightning, water, flood, storm or any other force of nature, power surges or brownouts, accident, negligence, vandalism, abuse, misuse, theft, work performed on or modifications made to equipment by any person not employed by TeleGo Customer’s failure to maintain the environmental and/or electrical conditions for the equipment set forth in the manufacturer’s specifications, damage or diminution caused by any Host System to which the equipment is attached, or damage or diminution caused by peripheral devices attached to the equipment. Any damage to, or destruction of the equipment or any portion thereof, occurring to the fault, negligence or omission of the customer shall void this contract and shall be the responsibility of the customer, to be covered under TeleGo Standard Hourly Rates.
4) TeleGo, a New York company, agrees to assist with Manufacturers’ warranties to replace standard parts and to supply properly trained technicians to service the customers’ telecommunications systems. Customer agrees that express shipping (next day delivery) will be billed to the customer’s account should next day replacement be desired and a part not be available in stock. TeleGo will exhaust all TeleGo distribution channels in an effort to replace parts.
5) Equipment Failure defined: TeleGo will respond to an emergency service call (defined as no incoming or outgoing telephone service or primary answering position out of service), and for regular maintenance services (non-emergency) during normal business hours (9:00am to 5:00pm Monday through Friday, except weekends and holidays). Non-Emergency service outside of normal business hours will be provided (at customer’s request) during the warranty period at TeleGo current rates for such services. Target response time is within four business hours.
6) Time and Place of Maintenance Work: Maintenance work shall be performed remotely using TeleGo approved remote access technology. At the sole discretion of TeleGo work may be performed at the location of the equipment (or at a TeleGo location) and customer shall furnish air conditioning, heat, light and power at these locations. TeleGo regular business hours are 9:00am to 5:00pm, Monday through Friday New York time excluding holidays. Services performed due to customers operational requirements, outside the aforementioned normal working hours will be invoiced in accordance with rates indicated in the above agreement.
7) Reporting trouble: Trouble issues may be reported by email to email@example.com or by telephone to 212-477-1000.
8) Customer Assistance: Customer agrees to furnish the TeleGo personnel or authorized representatives all pertinent information related to the reported malfunction and to afford them at their personal request, access to the equipment as required for the performance of this agreement. Customer agrees to provide remote access to the maintained equipment.
9) Unauthorized Maintenance: If other than TeleGo authorized representatives perform any repair or maintenance service on the equipment while the equipment is under the terms of this agreement, which in the opinion of TeleGo increases the maintenance of the covered system, TeleGo will notify the customer and will adjust the monetary terms of this agreement at TeleGo its own discretion. TeleGo at its option, may terminate this agreement at any time.
10) Limitation of Liability: TeleGo shall be excused from performance of its obligations under this contract to the extent that it is prevented, hindered, delayed or otherwise made impracticable by reason of acts of God, acts of Government, acts of omissions of third parties, flood, storm, riot, vandalism, fire, lightning, strike, non availability or backorder of parts, explosion, war, civil strife or any other cause beyond reasonable control of TeleGo. During the term of the contract, TeleGo will maintain any part supplied under this contract on the same terms and conditions as the equipment. TeleGo disclaims all other warranties and conditions, expressed implied, statutory of any nature whatsoever, concerning the services and materials provided in liability, negligence or otherwise for any punitive, special, indirect, incidental or consequential damages for loss; damage or expense directly or indirectly arising from use of or inability to use the equipment either separately or in combination with any other equipment or from any other cause whether or not TeleGo has received notice of the possibility or certainty of such damages or losses, including but not limited to loss of profit and/or loss of use.
11) Payment: The annual service maintenance charges set forth in the attached quote shall be due and payable for this Support Agreement to be valid. Unless otherwise specified, payments shall be sent to TeleGo, 240 52nd Street, Brooklyn, NY 11220.
12) Toll Fraud Disclaimer/Warning: TeleGo agrees to assist customer with manufacturer recommendations and TeleGo will assist in implementation of theft and security counter measures and recommendations that if followed by the customer, will help minimize the risk to toll fraud, but TeleGo cannot insure that toll fraud will not occur. TeleGo makes no representations, claims, guarantees, or express or implied warranties that it can configure, program, or maintain equipment in a manner so as to make it immune from fraudulent intrusions into and/or unauthorized use of the system, including but not limited to DISA, Auto Attendant, Voice Mail, RMATS, 800 and 900 services, as well as 10XXX numbers as possible. Customer hereby assumes all risk of such fraudulent or unauthorized use or intrusion. TeleGo makes no representations, claims, guarantees expressed or implied that it can maintain this equipment in a manner so as to make it immune from, or prevent unlawful and/or unauthorized utilization of the equipment that may result in the invasion of one’s rights to privacy. TeleGo hereby advises customer that such unlawful and/or unauthorized use is possible and customer assumes the risk of such usage.
13) Local Service Provider, WAN service problems: TeleGo will not charge customer for the diagnosis of a local service provider (e.g. Qwest) related call if the problem originates with the local service provider, and the diagnosis takes one hour or less in duration. TeleGo will contact the local service provider or their authorized agent to schedule the local service provider’s repair service to correct problem. If diagnosis is in excess of one hour for a local service provider problem, TeleGo will provide service at an agreed upon discounted rate not to exceed 85% of our regular rates.
14) Modifications, Additions, or Changes (MAC): of customers equipment may be made by mutual agreement of the parties named above, and the Support Agreement may be amended accordingly. Since this Support Agreement is governed by the laws of the State of New York all amendments must be in writing and be signed, both parties. 15) Authority to Sign: The person signing this Agreement on behalf of the Customer hereby warrants that they have full and complete authority from said corporation, proprietorship, or partnership, to sign this Agreement and to obligate the corporation, proprietorship, or partnership hereunder. Said Party shall be liable for all sums that may be due and owing to TeleGo hereunder, including attorney’s fees and costs. This constitutes the entire agreement between the parties.