Terms and Conditions
A. Ownership remains with Digitcom until paid in full
i. System Passwords will be released with final payment
B. Contingencies: Digitcom shall not be responsible for any failure to perform under this agreement due to cause beyond Digitcom’s control. Digitcom may defer installation for a period of time equal to the delay caused by such an unforeseen or uncontrollable contingency.
C. Installation will include:
i. Physical installation of phone system at “”Purchaser”” location: wall mount
ii. Connection of phone system to existing voice cable: any additional cable runs to be paid by “Purchaser”
iii. Physical installation of phones at users’ desks, disconnection of old equipment
iv. Configuration of phone system with auto attendants, users, extensions, voicemail to email
v. Programming of phones (standard setup for all users, any additional customization will be completed by “”Purchaser””)
vi. Removal and disposal of old equipment (If “”Purchaser”” desires)
vii. One training seminar on use of phones for users at “Purchaser” site
viii. Administration training provided for phone system at Digitcom’s office
D. e911: In the event that Digitcom is providing VoIP, SIP trunking, or HostedPBX services to the customer, the customer understands the limits and liabilities of Digitcom’s e911 services which can be found at: https://digitcom.ca/911-services/
E. Digitcom warrants to Purchaser that its products will be free from defects in materials and workmanship for 90 days after the installation at Purchaser’s site. Digitcom’s obligations under this warranty will be limited to repairing or replacing, at Digitcom’s option, acting reasonably, the part or the parts of the products which prove defective in material or workmanship. All warranty parts, or labour covered by this clause will be done at no charge to Purchaser.
F. Exclusions: The warranty is not applicable to Products which have been altered or repaired outside of the warrantor’ factory or subjected to misuse, abuse, neglect, or accident, not caused by Digitcom.
G. Warranty Disclaimer: Except as otherwise stated herein Digitcom disclaims all warranties with regard to the service and products to be supplied by the company hereunder, including all warranties of the merchantability and fitness for a particular purpose, and all obligations or liabilities on the part of the company for consequential exemplary and punitive damages arising out of or in connection with services and products to be supplied by the company hereunder, whether or not it has been advised of the possibilities of such damages, including, without limitation, liability for damage of losses incurred by the third parties arising for customer’s use of the services or products.
H. If Digitcom is providing hosted PBX, PRI, SIP Trunks, Internet (MPLS), analog lines or long distance then this clause and clause I and J apply: The initial term of this AGREEMENT shall be applicable for the duration of the term agreed upon at the time of the original sale. If CUSTOMER terminates the Services prior to the expiry of the Term, CUSTOMER shall pay to DIGITCOM in one lump sum a deficiency fee equal to 100% of the Monthly Rate for such services times the number of months remaining in the Term. CUSTOMER shall be liable for all costs incurred by DIGITCOM arising from Early termination of any connectivity ordered BY CUSTOMER from DIGITCOM. DIGITCOM shall have the right to apply any deposits, advance payments, or other credit balances attributable to CUSTOMER in satisfaction of any termination or other Fees arising under this AGREEMENT.
I. Renewal: This AGREEMENT shall automatically be renewed for successive one-year terms on the expiration of any term unless, at least 30 days prior to the expiration, DIGITCOM or CUSTOMER delivers a cancellation and non-renewal notice to the other party, in which event this AGREEMENT shall terminate at 11:59 p.m. on the day of expiration
J. Termination by Either Party: Either party may terminate this AGREEMENT upon written notice to the other in the event that the other party (i) is in material breach of a provision hereof and such breach is not cured within thirty (30) days after written notice of such breach (and for purposes of this clause, late or non-payment by CUSTOMER constitutes a material breach), or (ii) CUSTOMER becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors, if such proceedings are not dismissed within sixty (60) days after commencement.
To review our Master Service Agreement, click here.