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48 Park Avenue, East 21st Street, Apt. 304
London NY 10016
Email: youremail@site.com
Phone: +1 408 996 1010
Fax: +1 408 996 1010
Epygi Technologies LLC owns and operate this EPYGICLOUD.COM WEB site (“Website”). This document governs your relationship with the Website. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Services. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. If you are not willing to be bound by these terms on their entirety do not proceed.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other WEB sites (the “Linked Sites”), which are not operated by Epygi. Epygi has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. We may at any time, without notice to you and in our sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of our websites after any such amendments signifies your acceptance thereof.
We respect your right to privacy. We will only collect personal identifiable information (such as name, title, company name, address, telephone number, or e-mail address) that you voluntarily provide through our Website or e-mail. We will collect general information (such as the type of browser you use, the files you request, performance affecting PBX usage data, and the domain name and country from which you request information) to improve our Services and better satisfy your needs.
Also the Website uses cookies for security and authentication purposes, and also for tracking activities, such as downloads and page views. This information is used exclusively to assist our Website’s visitors in gathering the information they seek, and to improve the overall experience of visiting our website. You can adjust your browser’s Cookie settings for handling of cookies.
We do not share this information with third parties.
When we collect personal information directly from you, we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. There is no 100% safe way of transmission over the Internet, or method of electronic storage. So we cannot guarantee its absolute security.
You must not misuse this Website or the Services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or the Services. Breaching this provision would constitute a criminal offense and Epygi will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 911 CALLS MAY NOT FUNCTION WHEN USING THE SERVICES AND THAT EPYGI OR ANY AFFILIATES (AGENTS) SUBSIDIARIES, PARTNERS OR EMPLOYEES ARE NOT LIABLE OR RESPONSIBLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO SUCH CALLS. IF YOU ARE NOT COMFORTABLE WITH THIS YOU SHOULD MAKE ARRANGEMENTS FOR AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES OR DISCONTINUE USING THE SERVICES. YOU UNDERSTAND THAT ADDITIONAL ARRANGEMENTS SHOULD BE MADE TO ACCESS EMERGENCY SERVICES. TO ACCESS EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, WITH A THIRD-PARTY SEPARATELY FROM EPYGI, TRADITIONAL WIRELESS OR WIRELINE TELEPHONE SERVICE THAT OFFERS ACCESS TO EMERGENCY SERVICES.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Epygi or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Epygi and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
By placing an order you are offering to purchase Services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Services include ecMON, ecDS, ecQX and other services that may be added in the future. All the services require activation and payment.
Epygi retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit card or PAYPAL account used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
When you place an order, you will click on the Website the button accepting these Terms of Service, and you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Services which you ordered have been dispatched to you. Only those Services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. For Services where PAYPAL is used to pay for the transaction the PAYPAL Terms and Conditions apply as you will complete PAYPAL transaction thru their WEB site. The monies received upon the debiting of your card shall be treated as a deposit against the value of the Services you wish to purchase.
You have 30 days from order confirmation to cancel the Service for a full refund. You must notify us via EMAIL of your intent to do so before the thirty day expiration.
The Services may require you to upload your data or to configure values in the Website or the Services. We will take precautions to protect and to save your data but we cannot guarantee any loss of your data. You agree that the data you have provided could be lost or destroyed. You are responsible for having your data backed up elsewhere to avoid any loss.
The Services require that you have a login account with a username and password. We will provide you a password during initial setup of the account but you are responsible for updating and safeguarding the password to avoid unauthorized access or use of the Services.
If we host the Services we will use care in providing quality and reliable service. However, we cannot guarantee a loss of the Service at any given time. We will use industry standard methods to restore and insure continuity of the Service. You are entitled to a refund for any loss of service based on pro rata usage. We will not be liable for any consequential, incidental, direct, indirect, special, punitive or other damages, including, without limitation, loss of data, loss of phone calls, loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use or inability to use the Services.
Some Services, including ecQX, are ordered and paid via PAYPAL on the Website on a monthly basis and can be ordered or cancelled at any time. These Services will be billed after order confirmation on a pro rata basis from the day it was ordered until the end of the current month. Then they will automatically renew through PAYPAL for a full month on the 1st day of the following month and will repeat every month thereafter. Any cancellation of these Services will be effective at the end of the current month. No refunds are given for partial month Service usage.
Some Services, including ecDS and ecMON, are ordered and paid via PAYPAL on the Website on a yearly basis and can be ordered at any time. These Services will be billed to PAYPAL after order confirmation. Before the year expires, a reminder EMAIL will be sent to you to alert that the Service will renew automatically and will be billed through PAYPAL. If you want to cancel the renewal you must reply back to us at sales@epygi.com indicating you want to cancel the renewal.
Services that are billed and paid with alternate methods will be billed in advance.
Services that are hosted by a 3rd party platform will be billed by alternate methods.
If you cancel any Service that required us to use your data we will destroy that data once the Service is cancelled. It is your responsibility to keep a backup of the data if necessary.
The Services require a reliable and constant network connection between the Service platform and the Service endpoints such as telephones or QX appliances. This network is beyond our control and could be subject to outages. You must insure you have adequate Internet connection at the location where the Service endpoints will be installed. We are not responsible for the loss of Service due to network outage.
Some Services require connection to 3rd party services such as SIP trunk providers. These 3rd party services have to be connected through an Internet connection from our hosted servers. This network is beyond our control and could be subject to outages. We are not responsible for the loss of Service due to network outage.
You are responsible for paying any local, state or jurisdiction tax or service fee for the use of the Services.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Epygi and its suppliers, content providers and advertisers hereby expressly exclude all conditions warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Services, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Epygi and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Epygi.
You agree to indemnify, defend and hold harmless Epygi, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Epygi shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Epygi. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Epygi.
Copyright © 2003-2019 Epygi Technologies. All Rights Reserved. Epygi, Quadro and QX are registered trademarks of Epygi Technologies. Microsoft, Windows and the Windows logo are
registered trademarks of Microsoft Corporation. All other trademarks and brand names are the property of their respective proprietors.
THIS IS A CONTRACT. CAREFULLY READ ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. USE OF THE EPYGI QUADRO APPLIANCES, QX APPLIANCES AND EPYGI CLOUD SERVICES (COLLECTIVELY “EPYGI PRODUCTS”) INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, SIMPLY DO NOT USE THE EPYGI PRODUCTS.
1. License. Epygi Technologies, (the “Licensor”), hereby grants to you a non-exclusive right to use the Epygi Products and associated documentation and such revisions of the same as the Licensor may make available to you from time to time (collectively, the “Licensed Materials”). You may not use, copy, modify or transfer the Licensed Materials, in whole or in part, except as expressly provided for by this Agreement.
2. Ownership. By paying the purchase price for the Licensed Materials, you are entitled to use the Licensed Materials according to the terms of this Agreement. The Licensor, however, retains sole and exclusive title to, and ownership of, the Licensed Materials, regardless of the form or media in or on which the original Licensed Materials and other copies may exist. You acknowledge that the Licensed Materials are not your property and understand that any and all use and/or transfer of the Licensed Materials is subject to the terms of this Agreement.
3. Term. This license is effective until terminated. This license will terminate if you fail to comply with any terms or conditions of this Agreement or you transfer possession of the Licensed Materials to a third party in violation of this Agreement. You agree that upon such termination, you will return the Licensed Materials to the Licensor, at its request.
4. No Unauthorized Copying or Modification. The Licensed Materials are copyrighted and contain proprietary information and trade secrets of the Licensor. Unauthorized copying, modification or reproduction of the Licensed Materials is expressly forbidden. Further, you may not reverse engineer, decompile, disassemble or electronically transfer the Licensed Materials, or translate the Licensed Materials into another language.
5. Transfer. You may sell your license rights in the Licensed Materials to another party that also acquires your Epygi Products. If you sell your license rights in the Licensed Materials you must at the same time transfer the documentation to the acquirer. Also, you cannot sell your license rights in the Licensed Materials to another party unless that party also agrees to the terms and conditions of this Agreement. Except as expressly permitted by this section, you may not transfer the Licensed Materials to a third party.
6. Protection and Security. Except as permitted under Section 5 of this Agreement, you agree not to deliver or otherwise make available the Licensed Materials or any part thereof to any person other than the Licensor or its employees, without the prior written consent of the Licensor. You agree to use your best efforts and take all reasonable steps to safeguard the Licensed Materials to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution thereof, in whole or in part, in any form, shall be made.
7. WARRANTY. THE LICENSED MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE LICENSED MATERIALS ARE, OR WILL BE, FREE FROM ERRORS, DEFECTS, OMISSIONS, INACCURACIES, FAILURES, DELAYS OR INTERRUPTIONS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED MATERIALS REMAINS WITH YOU.
8. LIMITATION OF LIABILITY AND REMEDIES. IN NO EVENT SHALL THE LICENSOR OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED
MATERIALS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PHONE CALLS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF THE LICENSOR OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR EXCLUSIVE REMEDIES, AND THE LICENSOR’S OR SUCH OTHER PARTY’S ENTIRE LIABILITY WITH RESPECT TO THE LICENSED MATERIALS, SHALL BE AS SET FORTH HEREIN, AND IN NO EVENT SHALL THE LICENSOR’S OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR EXCEED THE LICENSE FEE PAID FOR THE LICENSE MATERIALS.
THE FOREGOING LIMITATION, EXCLUSION AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Emergency 911 Calls. YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 911 CALLS MAY NOT FUNCTION WHEN USING THE EPYGI PRODUCTS AND THAT EPYGI TECHNOLOGIES, LLC. OR ANY AFFILIATES (AGENTS) SUBSIDIARIES, PARTNERS OR EMPLOYEES ARE NOT LIABLE FOR SUCH CALLS. IF YOU ARE NOT COMFORTABLE WITH THIS LIMITATION YOU SHOULD MAKE ARRANGEMENTS FOR AN ALTERNATE MEANS OF ACCESSING 911 SERVICE OR DISCONTINUE USE OF THE SERVICE.
10. Music on Hold Copyright. The default Music on Hold on the Epygi Products is a 22 second fragment from Chopin’s Nocturne Op.9 #2 performed by Marina Vardanyan and kindly provided to Epygi Technologies, LLC. The recording is royalty free.
11. Compliance with Laws. You may not use the Licensed Materials for any illegal purpose or in any manner that violates applicable domestic or foreign law. You are responsible for compliance with all domestic and foreign laws governing Voice over Internet Protocol (VoIP) calls.
12. Export Control Laws. The Licensed Materials are controlled by the export laws and regulations of the United States as they may be amended from time to time. You are responsible for full compliance with these laws as applicable.
13. Entire Agreement. It is understood that this Agreement constitutes the complete and exclusive agreement between you and the Licensor and supersede any proposal or prior agreement or license, oral or written, and any other communications related to the subject matter hereof. If one or more of the provisions of this Agreement is found to be illegal or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect.
14. No Waiver. Failure by either you or the Licensor to enforce any of the provisions of this Agreement or any rights with respect hereto shall in no way be considered to be a waiver of such provisions or rights, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected.
15. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the state of Florida, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
16. Attorneys’ Fees. In the event of any litigation or other dispute arising as a result of or by reason of this Agreement, the prevailing party in any such litigation or other dispute shall be entitled to, in addition to any other damages assessed, its reasonable attorneys’ fees, and all other costs and expenses incurred in connection with settling or resolving such dispute.
17. Free Software. Certain software utilized in the Epygi products is free software in its original form or in its modified form. Both types of free software are available to you free of charge for redistribution or modification under certain conditions. Permission is granted to copy, distribute and or/modify any free software you wish to download, whether in its original or modified forms, under the GNU General Public License or Free Documentation License, Version 1.1 or any later version published by the Free Software Foundation. BECAUSE THE FREE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS ABSOLUTELY NO WARRANTY. Please make sure you download the GNU license from www.gnu.org. For a list of free software go to www.epygi.com/about/free-software-list.
If you have any questions about this Agreement, please write to
Epygi Technologies
561 Maitland Avenue
Altamonte Springs, Florida, 32701
or call Epygi at 972-692-1166.
www.epygi.com