Equipment / Products

The equipment, hardware, software, phones or other products used by Customer in connection with NEXOGY ’S Services (collectively “equipment” or “products”) must be compatible with and comply with NEXOGY ’S Services before use with NEXOGY 'S Services.

Any equipment or product provided by Customer must be compatible with the minimum requirements required by NEXOGY , including compatible firmware and software and those set forth on the Website, in order for NEXOGY  to provide its Services to Customer because certain equipment and products may use different equipment, products, software and firmware versions not compatible with NEXOGY ’S Services.

Any equipment or product provided by Customer and any third party service provider in connection with said equipment or product must be listed and registered in the “BYOE Equipment Registration” form attached hereto as Exhibit “B” and all equipment or products, including those provided by Customer, as well as third party service providers must be approved by NEXOGY  in writing, which approval or denial shall be in NEXOGY ’s sole discretion.

In addition, Customer shall not reconfigure any equipment or products used in connection with NEXOGY ’S Services without NEXOGY ’S prior written authorization. In the event any equipment or product fails to properly function subsequent to Customer’s execution of this Agreement, Customer shall not have any right to terminate this Agreement with NEXOGY . In the event Customer’s equipment or product fails to function properly, Customer shall, within three (3) days of the equipment or product failing to function:

1) Provide its own alternate equipment or product, for NEXOGY  approval, which may be approved or denied in NEXOGY ’s sole discretion, to replace the non-functioning equipment or product or

2) Purchase new equipment or products directly from NEXOGY .

CUSTOMER MUST IMMEDIATELY CHANGE ITS (1) PHONE CONFIGURATION PASSWORD AND WEB PORTAL PASSWORD WHICH ARE THE SAME AND (2) PASSWORD ON EACH PHONE AND EXTENSION VOICEMAIL TO A PASSWORD THAT IS NOT SEQUENTIAL (I.E. 1,2,3,4) OR A SINGLE NUMBER (I.E. 1,1,1,1) OR CONTINUOUS PAIRS (I.E. 3,3,6,6,8,8) IN ORDER TO MINIMIZE THE RISK OF THIRD PARTY FRAUD OR WRONGFUL CONDUCT AGAINST CUSTOMER’S ACCOUNT AND VOICEMAIL SYSTEM WHICH MAY LEAD TO COMMUNICATION CHARGES BILLED TO CUSTOMER AND/OR VIOLATE THE RESPECTIVE USER’S PRIVACY RIGHTS. ALTHOUGH THE PHONE CONFIGURATION AND WEB PORTAL PASSWORD ARE THE SAME, THAT PASSWORD MUST BE DIFFERENT THAN THE PHONE AND EXTENSION PASSWORD. IN THE EVENT THE PHONE CONFIGURATION PASSWORD AND WEB PORTAL PASSWORD ARE TO BE DIFFERENT AT A LATER POINT IN TIME, ALL THREE PASSWORDS MUST ALSO BE DIFFERENT.

 NEXOGY  does not provide any warranty of suitability, fitness for a particular purpose or merchantability or any other express or implied warranty concerning the equipment, hardware, software or other products used in connection with providing the Services and expressly disclaims any warranty.

Customer must deal directly with the manufacturer of the equipment concerning any defects, deficiencies, problems, including malfunction, or other matters concerning the equipment. Customer may purchase a repair or replacement plan for equipment purchased from NEXOGY  (“Plan”) which must be executed by NEXOGY  and Customer in order to be effective and which shall be considered a part of this Agreement as an exhibit hereto. If the Plan is offered by NEXOGY  and purchased by Customer at a period in time subsequent to the execution of this Agreement, the Plan shall be considered an amendment to this Agreement. NEXOGY DOES NOT REPRESENT OR WARRANT THAT THE EQUIPMENT AND PRODUCTS, INCLUDING SOFTWARE, WILL BE ERROR-FREE OR UNINTERRUPTED.