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trixbox Technical Support Agreement

INTRODUCTION

Fonality provides, on a fee-paid basis, Technical Support for the following products (the "Products"):

  • trixbox / CE - Community Edition
  • 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 agreement, and certain features or coverages available with one version may no longer be covered if you switch to a different Product.

Additionally, coverages may differ based on the type of Technical Support purchased (Hourly or Annual), and may also be limited by the specific hardware used in your installation. Coverage is not available for all hardware configurations, and in some instances, you may be requested to modify your hardware configuration to effect a resolution of some performance issues.

Please Note the Following Important Features of this Agreement:
    1. Only customers with a fully paid and current trixbox Technical Support Agreement will be entitled to receive the benefits outlined herein.
    2. Trixbox Technical Support is offered via Hourly Support Credits ("Hourly Support") or Annual Technical Support Agreements ("Annual Agreements"). Note that not all configurations and components are supported under Annual Agreements, and some configurations and components may require an additional purchase of Hourly Support to supplement an Annual Agreement.
    3. Full utilization of services under this agreement may require the installation, configuration, and operation of the trixbox Pro support utility as described in Section 2 below.
    4. Fonality may terminate this Agreement, and issue a pro-rated refund solely at its own discretion, for any reason, including but not limited to issues itemized in Section 5 below.
    5. Annual Agreements 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 8 (g) below for notification address).
    6. Hourly support is consumed in 30 minute increments.

SCOPE OF THE AGREEMENT

  1. Qualifying for Technical Support
    1. In order to utilize support under this Agreement, the customer must download, install, and configure the trixbox support utility appropriate for the Product being supported.
    2. Using the trixbox support utility, the customer must register their configuration with Fonality Support, and will receive a unique trixbox SystemID upon successful registration.
    3. Each SystemID requires a unique Technical Support Agreement.
    4. The trixbox support utility must remain installed, configured, and operable for the duration of a support ticket in order to receive support under this Agreement.
    5. 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 Agreement.
  2. Obtaining Technical Support

    The following Technical Support options are available for your trixbox system;

    1. General Knowledge Base:

      trixbox Pro (all editions): click here

      trixbox CE: click here

      The trixbox knowledgebases are available 24 hours per day, seven days per week, and should always be the first source of support information. The knowledgebases contains a wide range of information pertaining to installation, configuration, and general and technical use of your trixbox Pro system.

    2. Email Form:

      trixbox Pro (all editions): click here

      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 7 below. Email support is offered only in English.

    3. Telephone based Technical Support

      General Technical Support via telephone is only available during local business hours, defined as 8AM to 5PM for European and North American customers. 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 7 below. Telephone Support is offered only in English.

    4. 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.

  3. Scope of Service

    The following services are generally included as part of the Agreement. This section identifies services and issues that are specifically excluded from this Agreement. Items outside of this scope of service may be provided at Fonality's sole discretion, and Fonality reserves the right to refer customers to other third party resources at the Customer's expense. Fonality Technical Support is provided on a best commercial effort basis via telephone, electronic mail, or web based ticketing only.

    1. General Coverage: The following chart outlines the general coverage available for each Product and Coverage type. Please note that not all hardware components and configurations are supported, and that some configurations are only available under Hourly Support Agreements:


    1. Hardware Levels are defined here: Certified Hardware
    2. Initial System Installation and Set-up
      1. All versions of trixbox have a downloadable install guide. The latest versions can be found at
      2. Fonality will work with all Qualified Customers (as defined in Section 2 above) who have a valid Technical Support Agreement with credit remaining at the time of contact. Customers that are unqualified, or without a valid Technical Support Agreement (no Agreement, Agreement not current, or no remaining hourly credits) will be instructed by the automated phone system to reinstate their Technical Support Agreement and/or purchase a minimum of two hours of hourly Technical Support, at which time they can re-contact the Technical Support team. Fonality will use its best commercial efforts to support the customer's trixbox system.
    3. Covered System Configuration Items
      1. Information and suitable documentation for addition / change / removal of extensions from the system.
      2. Basic instructions for initial customer setup, or one-time reconfiguration of existing equipment, for remote telecommuter applications.
      3. Support for the maintenance of system and phone dial plan configuration required for proper interoperability with local phone service dial plans.
      4. Assistance in troubleshooting problems with IP phones and associated configuration options for Fonality Certified and Uncertified devices (additional fees may apply).
      5. Remote re-configuration of phones (if possible) to address basic functional concerns (additional fees may apply).
      6. Configuration for the correct Date / Time display on phones that have internal clocks.
      7. Adjustment of signaling to be compatible with loop-start, ground-start, or kewl-start signaling on analog ports in accordance with the specifications provided to Customer from the local telephone company or other carrier / service provider.
      8. Configuration of IP phones and system interoperability is provided for products currently Certified by Fonality. Firmware or device driver version restrictions may apply, and additional fees may apply. Support of Uncertified or other IP Phones and devices may be offered on a Best Effort basis, at Fonality's discretion.
      9. All hardware support is "best efforts" and no warrantee of any hardware is given or implied.
    4. Reliability / Performance Troubleshooting
      1. Identification and reasonable commercial efforts to mitigate the occurrence of the following.
        • Echo and / or degraded audio quality.
        • Slow system response.
        • System availability
    5. Remote System Monitoring and Troubleshooting
      1. For systems compliant with Section 2 above, automated software agents remotely monitor select system parameters on a regular basis. This is an automated process that can be used to alert both Fonality Technical Support, and customer system administrators or support technicians, of potential service degredation based upon threshold settings, as well as provide early warning indications of potential system failures.
      2. For Products identified in section 3a as eligible for "proactive" response, Fonality Technical Support will take proactive measures or other actions upon receipt of automated server alerts.
      3. Depending upon the Product Version, Fonality will investigate alerts received from this automated system, using our private VPN facility to directly access the trixbox Pro system, or utilizing other diagnostic tools as required, and will coordinate incident resolution with designated customer server administrators when appropriate.
    6. General Technical Support issues and Guidance
      1. Guidance on configurations or applications of the trixbox product for solutions that the product was designed to address (as defined in the product release notes available on http://www.trixbox.com and/or www.trixbox.org)
      2. Suggestions for maximum performance, flexibility, and security as per standard trixbox installation, and suited to customer requirements if possible.
    7. Hardware Troubleshooting
      1. For the purposes of Technical Support Program Coverage, Hardware is categorized as follows;
      2. Software & Platinum Certified Hardware - Includes Reference Hardware and components. Fonality will provide Technical Support to the best of its abilities, and using best commercial efforts with no further guaranty given or implied. At Fonality's sole discretion, an Hourly Technical Support Agreement may be required for extensive troubleshooting.
      3. Software & Gold Certified Hardware - Includes Reference Hardware and components. Fonality will provide Technical Support to the best of its abilities, and using best commercial efforts with no further guaranty given or implied. Hardware upgrades from Gold Certified to Platinum Certified Hardware may be required to resolve technical or performance issues. Coverage for incidents involving Gold Certified Hardware may be limited in duration as referenced in Section 3a. At Fonality's sole discretion, an Hourly Technical Support Agreement may be required for extensive troubleshooting.
      4. Software & Uncertified Hardware - For all other hardware not covered in (ii) or (iii) above, Fonality will provide Technical Support to the best of its abilities, and using best commercial efforts with no further guaranty given or implied on an hourly fee basis only. Hardware upgrades to Certified Hardware may be required to resolve technical or performance issues. Coverage for incidents involving Uncertified Hardware may be limited in duration as referenced in Section 3a. At Fonality's sole discretion, an Hourly Technical Support Agreement may be required for extensive troubleshooting. Annual Agreements are not available for trixbox Pro for Unknown Hardware not found in the PLatinum Certified (ii) or Gold Certified (iii) categories.
  4. 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.

  5. Specific Exclusions

    Trixbox Technical Support services do not include coverage for the following:

    1. Application of the system for any purpose that it was not designed for or intended to address.
    2. Troubleshooting of unsupported network hardware, routing, or firewall equipment, or configurations that deviate from the supported examples provided by Fonality.
    3. Troubleshooting or resolution of issues related to Internet access quality, bandwidth, or other issues related to Customer's internet or VoIP service providers.
    4. Troubleshooting or resolution of issues related to local telephone service configuration or termination, and associated customer premise wiring and data / network cabling.
  6. Grounds For Contract Termination By Fonality

    In addition to any material breach of the terms and conditions of this Agreement, Fonality reserves the right to terminate the contract under the following conditions;

    1. If the customer makes modifications to the system that compromises Fonality's ability to remotely access or support the system.
    2. The requirement of extensive Hardware troubleshooting related to the use, pre-qualification, or third-party certification of unsupported hardware configurations, firmware versions, or software device drivers (unsupported as defined by Fonality and at Fonality's sole discretion).
    3. If the customer uses tools, commands or other methods of system configuration not specifically provided by Fonality and as directed by trixbox Technical Support.
    4. If the VPN connection to the trixbox web system is disconnected or otherwise made unavailable.
    5. 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.
    6. Modification of the ssh configuration of the trixbox system. RSA key files and authorization rules must remain unchanged.
    7. At Fonality'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 unsupportable by Fonality.
  7. Service Level / Response Time

    Compliance with Sections 2 and 3 above is required for all Technical Support Contacts.
    Fonality will use all 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.

    Severity Description Response
    Critical Business totally unable to function, multiple employees impacted. 1 Business Hour
    Serious Single employee unable to function, serious impact to business. 2 Business Hours
    Normal All installation concerns. Problems that hinder productivity, adverse impact to business 4 Business Hours
    Low Questions or concerns that are an inconvenience or do not adversely impact Customer's ability to conduct business. 24 Business Hours
  8. Terms and Conditions
    1. Limited Warranty. FONALITY shall use commercially reasonable efforts, under the circumstances, to remedy any trouble, delays, interruptions, omissions, mistakes, accidents or errors in the Services and restore such Services to comply with the terms hereof. All warranties for hardware are supplied by the hardware manufacturer. FONALITY MAKES NO WARRANTY WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FONALITY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER.
    2. Force Majeure. Neither Party shall have any claim or right against the other Party for any failure of performance due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Service Provider or of any department, agency, commission, bureau, corporation, or other instrumentality of any federal, state, or local government, or of any civil or military authority; national emergencies; unavailability of materials or rights-of-way; insurrections; riots; wars; fiber-cuts or strikes, lock-outs, work stoppages, or other labor difficulties.
    3. Confidentiality. Customer understands and agrees that this Agreement, the terms and conditions hereof, all documents referenced herein (including invoices to Customer for Services provided hereunder) and any intellectual property (including passwords) delivered hereunder are confidential as between Customer and FONALITY and shall not be disclosed by Customer to any party other than the directors, officers, and employees of Customer, or agents of Customer, who specifically agree to non-disclosure of the terms and conditions hereof. Customer further agrees that any Customer generated press release, advertisement or publication regarding this Agreement, Services provided hereunder or in which FONALITY mentioned, will be submitted to FONALITY for its written approval prior to publication. It is agreed that a violation of the provisions of this Confidentiality provision will cause irreparable harm and injury to the non-violating Party and that Party shall be entitled, in addition to any other rights and remedies it may have at law or in equity, to injunctive relief without the necessity of proving actual damages. Violation by Customer of this provision shall also entitle FONALITY, at its option, to discontinue Services to Customer.
    4. Term, Automatic Renewal and Payments.

      1. Annual Agreements - The term of this Agreement is one year, beginning from the date your Technical Support key is provisioned by Fonality, 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 Agreement is provided by either party more than thirty (30) days prior to the expiration of the then-current term; or (b) this Agreement is terminated for cause as described in Section 5.

        Payment for Annual Agreements for trixbox Pro installations will be made monthly, and will be automatically charged to the credit card on file. Payment for Annual Agreements for trixbox CE installations must be paid in full upfront. Non-payment, including expired or declined credit cards, must be resolved within 10 days of the attempted charge, or the entire remaining balance for the Annual Agreement will immediately become due. Non-payment will result in termination of any responsibilities Fonality may otherwise have under this Agreement.

      2. Hourly Agreements - The term of this Agreement is six months from the date of purchase. Hours purchased are decremented in 30 minute increments, beginning from the time you access the Fonality Technical Support Organization via any means, and provide a valid Technical Support key. Unused Hourly credits will expire 6 (six) months from the issue date of the associated Technical Support key unless otherwise agreed in writing by Fonality more than thirty (30) days prior to the expiration of the then-current term; or (b) this Agreement is terminated for cause as described in Section 5.
    5. 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 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.
    6. Remedies for Breach:
      1. By Fonality: If Fonality shall be in material breach of this Agreement, Buyer may cancel the undelivered portion of purchase orders, upon 30 days written notice, unless Fonality cures such breach within such notice period. Any money paid in advance, by Buyer to Fonality, for goods not shipped will be promptly reimbursed. The foregoing shall be the exclusive remedy of Buyer for any Fonality breach of this Agreement.
      2. By Buyer: If Buyer shall be in material breach of this Agreement and fails to cure said breach within 30 days of written notice thereof from Fonality, Fonality 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 Agreement, (2) defer shipment hereunder until such default, breach or repudiation is removed, and/or (3) cancel the undelivered portion of this Agreement 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, Fonality shall have the right to recover, in addition to the purchase price of such goods, all costs incurred by Fonality to collect the same.
      3. Delayed Enforcement: No delay or omission to exercise any right, power, or remedy upon a breach or default under this Agreement shall impair any such right, power, or remedy of the non-defaulting party or be construed as a waiver of any such breach or default.
    7. Notices: 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 set forth in this order. Notice 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.
    8. Entire Agreement: This Agreement contains the entire agreement between Buyer 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 Buyer shall apply to the products delivered under this Agreement nor shall they be binding on Fonality. In the event that any provisions in this Agreement, for any reason, shall be held void or unenforceable, the remaining provisions shall remain in full force and effect and shall control.
    9. Governing Law: This Agreement and all orders hereunder shall be governed by and construed under the laws of the State of California, and shall be subject to the exclusive jurisdiction of the courts in Los Angeles County, California. In any action brought to enforce this agreement, the prevailing party shall be entitled to also recover the cost of enforcement, including attorney fees related thereto.