Please reach us at support@five9network.com if you cannot find an answer to your question.
PLEASE READ CAREFULLY : UNLESS YOU HAVE ANOTHER VALID WRITTEN AGREEMENT APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES FROM FIVE9 NETWORK SYSTEMS, THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN SUCH PURCHASES.
These terms and conditions (“Agreement”) apply to you (“you” or “Customer”) and your purchase of products and services from Five9 Network Systems, LLC (“Five9NS”). By placing your order for products or services, you accept and are bound to the terms and conditions of this Agreement.
(a) “Design Deliverables” refers to system designs and other deliverables provided to Customer by Five9NS pursuant to a Statement of Work.
(b) “Five9NS Design Services” refers to any custom engineering design services Five9NS provides for a fee to Customer pursuant to a Statement of Work.
(c) “Five9NS Products” refers to the hardware products, including firmware, components, and spare parts manufactured by Five9NS and available for sale which are listed on a Five9NS product price list or identified in Customer quote or purchase order as “Five9NS Products.”
(d) “Five9NS Support Services” refers to any support services Five9NS provides to its customers, including the Five9NS warranty services described below in Section 5 and in the Five9NS Limited Hardware Warranty , or any other support services mutually agreed to in writing by the parties.
(e) “Pre-Existing Five9NS IP” refers to any intellectual property created by Five9NS prior to or outside the scope of a design project described in a Statement of Work.
(f) "Products” refers to Five9NS Products, and Third Party Products, and Software collectively.
(g) “Software” refers to software licensed for use with Five9NS Products including, without limitation, the operating system, any third party software, or any other software added or reloaded to the Five9NS hardware products.
(h) “Statement of Work” refers to any statement of work for custom engineering design services agreed to in writing by Five9NS and Customer pursuant to this Agreement. Upon execution, each Statement of Work becomes part of this Agreement.
(i) “Third Party Products” refers to the products manufactured by third parties and sold with Five9NS Products under this Agreement, that are specifically identified by Five9NS as “Third Party Products.”
(a) Ordering Products and Services. To order Five9NS Products and Services, Customer will submit a written purchase order to Five9NS specifying, at a minimum, the following information: (i) type and quantity of Products ordered and/or description of Design and Support Services to be provided, (ii) location to which Products should be shipped, (iii) requested delivery date; and (iv) Five9NS quote number, if applicable (“Order”). The Order is binding on Customer (non-cancellable, non-returnable) as of the date Five9NS informs Customer in writing that it is accepting the Order. Five9NS reserves the right to accept or reject Orders in its sole discretion and agrees to notify Customer of such acceptance or rejection within 5 business days of receipt of such Order.
(b) Fulfillment of Orders. When Five9NS accepts an Order, Five9NS will provide Customer with an estimated ship date(s) for all Products ordered and will use commercially reasonable efforts to fill the order by the estimated ship date. Notwithstanding the foregoing, Five9NS will not be liable for any failure to deliver Products by any particular date. Five9NS may make Product substitutions and modifications that do not cause a material adverse effect in overall Product performance. Five9NS may make and invoice for partial deliveries. Customer may not make changes to an Order once it has been accepted, without Five9NS’ prior written consent.
(c) Shipment Terms. All Five9NS Products delivered pursuant to this Agreement will be suitably packed for shipment in standard shipping cartons, marked for shipment, and delivered to Customer FOB Five9NS’s manufacturing facility. Customer will pay all freight, insurance, and other shipping expenses. Customer will also bear all applicable taxes, duties and similar charges that may be assessed against the Five9NS Products after delivery to the carrier at Five9NS’s facilities. Five9NS will only ship Five9NS Products to Customer sites in the United States. Where permitted by law, Five9NS retains a security interest in products sold until full payment is received.
(a) Pricing. The prices applicable to an Order for Products or Services will be those set forth in Customer’s quote. Unless otherwise specified in writing by Five9NS, quoted prices remain in effect for 30 days. All prices are FOB origin and are exclusive of all taxes, duties, and fees (including shipping, handling, and insurance).
(b) Expenses. Unless a Statement of Work provides to the contrary, fees for Five9NS Design Services do not include taxes, travel expenses, time spent in meetings, shipping expenses, or other out-of-pocket expenses incurred in the provision of such Services, all of which Customer will reimburse or pay at Five9NS’ then-current time and materials rates. Customer will reimburse travel expenses at Five9NS’ cost plus 10%.
(c) Taxes, Other Fees. Except for taxes assessed on the net income of Five9NS, Customer agree to pay all sales, value added and other transactional taxes and fees, associated with Customer’s purchase of Products and Services.
(d) Invoicing and Payment. Five9NS will invoice Customer for Products at the time the Products are shipped. Five9NS will invoice for Design Services according to the payment schedule in the relevant Statement of Work. Payment terms will be net thirty days from the invoice date. All payments will be made in U.S. Dollars. For invoices not paid within thirty days of the invoice date, a late penalty charge of one percent (1.5%) per month (pro-rated daily) or the maximum rate allowed by applicable usury laws, whichever is greater, will be applied against overdue amounts.
(a) IP Ownership of Products. All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Products belong solely and exclusively to Five9NS, its suppliers and licensors. Customer may not copy, modify, decompile, or reverse-engineer any Products. Except as provided below in Subsection 4(b), no transfer of ownership of any intellectual property will occur under this Agreement.
(b) Assignment of Design Deliverables. Effective upon receipt of full payment pursuant to a Statement of Work, Five9NS will assign to Customer all right, title, and interest in and to all Design Deliverables delivered pursuant to that Statement of Work. Notwithstanding the foregoing, the rights assigned pursuant to the preceding sentence do not include any rights in Preexisting Five9NS IP, provided that effective on the date of assignment pursuant to the preceding sentence, Five9NS grants Customer a nonexclusive license to reproduce, distribute, modify, publicly perform, publicly display, and use any Preexisting Five9NS IP incorporated into a Design Deliverable, solely as an integrated component of such Deliverable, with the right to sublicense each and every such right.
(c) Software Licenses. Five9NS grants to Customer a non-exclusive and non-transferable license to use the Software, including firmware embedded in the Five9NS Hardware Products, provided to Customer hereunder for its internal use only, subject to any restrictions set forth in an Order confirmation; and to any supplemental license terms accompanying the Software. Software is confidential and copyrighted. All rights therein not expressly granted to Customer are reserved to Five9NS and its suppliers and licensors.
(d) Injunctive Relief. Customer acknowledges that any breach or threatened breach of any license involving unauthorized use of Five9NS's intellectual property will result in irreparable harm to Five9NS for which damages may not be an adequate remedy. In addition to the rights and remedies otherwise available at law, Five9NS is entitled to equitable relief, including injunction, in the event of such breach.
(e) Proprietary Rights Notices. Customer may not alter or obscure any proprietary rights notice appearing on any Five9NS Products or Five9NS-supplied materials, and must include such notices on any copies.
(a) One Year Return to Depot Limited Warranty. All Five9NS Products carry the Five9NS Limited Hardware Warranty . The limited warranty period will begin on the date the Five9NS Products are shipped from Five9NS’ manufacturing location to the location designated by Customer.
(b) Repairs for Products. Five9NS will complete warranty repairs for Five9NS Products according to the Five9NS Limited Hardware Warranty. Except in the event Customer has purchased additional Support Services, Five9NS assumes no obligation to repair non-warranted defects in Products or to repair Products after the warranty period has expired. Five9NS’ ability to deliver warranty services will depend on Customer’s reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the services.
(c) No Software Warranty. Products sold hereunder may include Software. All such Software is provided to Customer subject to specific Software licensing arrangements and is provided “AS IS” without any warranties of any kind.
(d) High Risk Applications. Five9NS has not tested or certified any Products for use in high risk applications including medical life support, nuclear power, mass and air transportation control or any other potentially life critical uses. Customer understands and agrees that Five9NS makes no assurances that the Products are suitable for any high-risk uses. FIVE9NS WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPON SYSTEMS.
(e) Warranty Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION 5, FIVE9NS AND IT SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Neither Five9NS nor its suppliers warrant that the Products or Design Deliverables will perform without error or that they will run without immaterial interruption.
(a) By Five9NS. Five9NS will indemnify Customer, including Customer’s officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, from any third party claim, demand, cause of action, debt or liability (including attorney’s fees and expenses) that the Five9NS Products, excluding any Software or Third Party Products embedded therein, infringe any patent, copyright, trademark or other intellectual property rights of a third party in the United States (a “Five9NS Indemnified Claim”). Five9NS will not indemnify Customer or bear any responsibility for any claim, demand, cause of action, debt or liability based, in whole or part, (i) upon Five9NS’ compliance with the designs or specifications provided by Customer; (ii) upon Customer’s modification of the Five9NS Products; or (iii) from any combination, operation or use of the Five9NS Products with other products or services if such claim would not have arisen but for such combination. Five9NS’ duty to indemnify under this Subsection 6(a) is contingent upon Five9NS receiving prompt notice of a Five9NS Indemnified Claim and Five9NS’ right to solely control resolution of such Claim. Customer’s sole remedy for a Five9NS Indemnified Claim is as follows: Five9NS will, at its expense and in its discretion, either (a) resolve the Five9NS Indemnified Claim in a way that permits continued ownership and use of the affected Five9NS Product; (b) provide a comparable non-infringing replacement Five9NS Product at no cost to Customer; or (c) accept return of the Five9NS Product freight collect and provide a reasonable depreciated refund for such Product. This Subsection 6(a) is an exclusive statement of Five9NS’ liability and responsibility for Indemnified Claims and nothing in this Agreement or elsewhere will obligate Five9NS to provide any greater indemnity to Customer.
(b) By Customer. Customer will indemnify, defend and hold Five9NS, including Five9NS’ officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from any claim, demand, cause of action, debt or liability: (i) that Customer’s modifications of and/or additions to the Products infringe on, misappropriate or otherwise violate the intellectual property of a third party; (ii) that the Design Deliverables infringe on the intellectual property rights of a third party; or (iii) that the Products sold to Customer under this Agreement damage a third party to the extent such Claim is based on (A) Customer’s misuse or abuse of the Products, negligence or breach of any provision in this Agreement; (B) failure of Customer to abide by all applicable laws, rules, regulations and orders that affect the Products; or (C) Customer causing intentional harm to any person or property. Customer’s duty to indemnify, defend and hold harmless under this Subsection 6(b) is contingent upon Customer receiving prompt notice of any claim, demand, cause of action, debt or liability for which Customer must indemnify Five9NS and Customer’s right to solely control the defense of all matters for which Customer is liable under this Section.
(a) Limitations. Except as provided below in Subsection 7(b): (i) IN NO EVENT WILL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE OF FEES PAYABLE TO FIVE9NS PURSUANT TO THIS AGREEMENT (INCLUDING FEES BOTH PAID AND DUE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING NOTICE OF THE EVENT GIVING RISE TO THE LIABILITY UP TO A MAXIMUM OF $1,000,000; AND (ii) IN NO EVENT WILL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SUBSECTION 7(a) APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF THE PARTY TO BE CHARGED IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF THE OTHER PARTY’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 7(a), each party’s liability will be limited to the maximum extent permissible.
(b) Exclusions. Subsection 7(a) above does not apply to (i) claims pursuant to Section 6 (Indemnity); (ii) claims for attorneys’ fees and other litigation costs either party becomes entitled to recover as a prevailing party in any action; or (iii) Customer’s obligation to make payments to Five9NS pursuant to Section 3 above; or (iv) Customer’s breach of Five9NS’ intellectual property rights.
(a) Confidential Information. “Confidential Information” refers to the following items one party to this Agreement (the “Disclosing Party”) discloses to the other (the “Receiving Party”): (i) any document the Disclosing Party marks “Confidential”; and (ii) any information the Disclosing Party orally designates as “Confidential” at the time of disclosure, provided the Disclosing Party confirms such designation in writing within 30 business days. Notwithstanding the foregoing, Confidential Information does not include information that: (A) is in the Receiving Party’s possession at the time of disclosure; (B) is independently developed by the Receiving Party without use of or reference to Confidential Information; (C) becomes known publicly, before or after disclosure, other than as a result of the Receiving Party’s improper action or inaction; or (D) is approved for release in writing by the Disclosing Party.
(b) Nondisclosure Obligations. The Receiving Party will not use Confidential Information for any purpose other than to facilitate the transactions set forth in this Agreement (the “Purpose”). The Receiving Party: (i) will not disclose Confidential Information to any employee or contractor of the Receiving Party unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with the Receiving Party with terms no less restrictive than those of this Section 8; and (ii) will not disclose Confidential Information to any other third party without the Disclosing Party’s prior written consent. Without limiting the generality of the foregoing, the Receiving Party will protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. The Receiving Party will promptly notify the Disclosing Party of any misuse or misappropriation of Confidential Information that comes to the Receiving Party’s attention. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. The Receiving Party will give the Disclosing Party prompt notice of any such legal or governmental demand and reasonably cooperate with the Disclosing Party in any effort to seek a protective order or otherwise to contest such required disclosure, at the Disclosing Party’s expense.
(c) Injunction. The Receiving Party agrees that breach of this Section 8 might cause the Disclosing Party irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, the Disclosing Party will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
(d) Termination and Return. The obligations of Subsection 8(b) above will terminate 3 years after disclosure of the item of Confidential Information in question. Upon termination of this Agreement, the Receiving Party will return all copies of Confidential Information to the Disclosing Party or certify, in writing, the destruction thereof.
(e) Retention of Rights. This Section 8 does not transfer ownership of Confidential Information or grant a license thereto. Except to the extent that another section of this Agreement specifically provides to the contrary, the Disclosing Party will retain all right, title, and interest in and to all Confidential Information.
(a) Termination for Breach. Either party may terminate this Agreement for material breach by written notice, effective in 30 days unless the other party first cures such breach.
(b)Termination for Bankruptcy. Either party may terminate this Agreement for cause by written notice, without opportunity to cure, in the event that: (i) the other party fails to function as a going concern; (ii) a receiver, trustee, or other custodian for the other party or its assets is appointed, applied for, or consented to; (iii) the other party becomes insolvent or unable to pay its debts as they mature in the ordinary course; (iv) the other party makes an assignment for the benefit of creditors; or (e) the other party is liquidated or dissolved, or any proceedings are commenced by or against it under any bankruptcy, insolvency or debtor’s relief law.
(c) Effect of Termination. The following provisions will survive termination of this Agreement: Sections 3 through 8, Sections 10 through 14, and any other provision of this Agreement that must survive termination to fulfill its essential purpose.
(a) General Regulatory Compliance. Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with this Agreement. Each party will furnish to the other any information required to enable the other party to comply with applicable laws and regulations related to the Products.
(b) Import/Export Compliance. Customer will not, directly or indirectly, export, re-export or transship Products in violation of any applicable export control laws and regulations of any country having jurisdiction over the Products or the parties to this Agreement (“Export Laws”), including without limitation, the U.S. Export Administration Regulations, the Enhanced Proliferation Control Initiative (EPCI) Regulations, the Foreign Asset Control Regulations and any economic sanctions imposed by the United State Government upon any foreign country. Customer represents and warrants that the Products will not be destined for a prohibited chemical, biological or nuclear weapons or missile use. Customer agrees, at Customer’s own expense, to comply with all applicable Export Laws and will, in accordance with the indemnification provisions of this agreement, indemnify, defend and hold Five9NS harmless from any claim against Five9NS due to Customer’s violation or alleged violation of the Export Laws.
During the term of any Addendum and for a period of 1 year after completion of performance pursuant to any Addendum, neither party will directly solicit for employment any then-current employee of the other.
Subject to Customer’s prior approval, which shall not be unreasonably withheld, Five9NS may use Customer’s name in promotional materials, including press releases, presentations, and customer references regarding the sale of Products or Services.
Any Software licensed hereunder is provided with Restricted Rights. Use, duplication, or disclosure for or by the government of the United States, including without limitation any of its agencies or instrumentalities, is subject to restrictions set forth, as applicable: (i) in subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19; (ii) in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013; or (iii) in similar clauses in other federal regulations, including the NASA FAR supplement. The contractor or manufacturer is Five9 Network Systems, LLC.
(a) Notices. Notices pursuant to this Agreement will be sent to Five9NS at 3600 West Bayshore Rd., Suite 101, Palo Alto, CA 94303, Attn: Souheil Saliba, CEO, and to the Customer address set forth on a Customer purchase order or such other address as Customer may provide in writing. Such notices will be deemed received at such addresses upon the earlier of (i) actual receipt or (ii) delivery in person, by fax with written confirmation of receipt, or by certified mail return receipt requested.
(b) Updates. Five9NS reserves the right to update this Agreement at any time, effective upon posting an updated version at www.five9network.com ; however, Customer’s rights and obligations shall be as provided in the version of this Agreement executed by Customer or available to Customer at the time of Customer purchase of the Products and Services provided hereunder.
(c) Assignment. Customer may not assign this Agreement or any of its rights and obligations hereunder without Five9NS’ express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
(d) Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
(e) Entire Agreement. This Agreement (with attachments) is the entire agreement between Five9NS and Customer with respect to its subject matter and supersedes all prior verbal and written understandings, communications or agreements between Five9NS and Customer. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives of both parties.
(f) Severability. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated.
(g) Force Majeure. Neither party will be liable for any delays resulting from circumstances or causes beyond the party’s reasonable control, except for payment obligations.
(h) Conflicts among Attachments. In the event of any conflict between the terms of this main body of this Agreement and those of any attachment, the terms of this main body will govern.
(i) Construction. The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason of authorship.
(j) Governing Law. The laws of the State of California govern this Agreement, excluding its conflicts of laws rules and excluding the United Nationals Convention on the International Sale of Goods. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Santa Clara, California.
______________________________________________________________________
Five9 Networks Systems, LLC
Effective Date: December 15, 2014
Welcome to the Five9 Network Systems, LLC (" Five9NS") website at www.five9network.com (the "Site"). Five9NS designs, manufactures, and supports server and storage solutions for OEM and ISV customers. This privacy policy (‘Privacy Policy’) describes how Five9NS collects, uses and shares personal information of customers and online users of the Site ("you").
Any email messages and associated information that you send to addresses on this Site are not governed by this Privacy Policy.
The Five9NS Site may provide links to third party websites, products, applications, and services for your convenience and information. If you access these links, you will leave the Five9NS Site and the use of your personal information will be governed by the privacy policies applicable to those third party sites and not by this Privacy Policy.
We collect information about you in a variety of ways.
Information You Give Us. We collect your name¸ company name¸ postal address¸ email address¸ phone number¸ fax number as well as other information you directly give us on our Site.
Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.
Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.
Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
You may use our Site without disclosing to us any personal information, however, if you choose to disclose your personal information to us, we will use that information as follows:
We may share personal information as follows:
We may also share aggregated and/or anonymized data with others for their own uses.
Except as described above, we will not disclose your personal information to third parties for their own marketing purposes without your consent.
We may employ administrative, physical and technological measures that are reasonably designed to help protect your personally information from loss, unauthorized access, disclosure, alteration or destruction. We may use firewalls to help prevent unauthorized access to your personally information.
We take children's privacy seriously. We do not knowingly collect personal information from children under the age of 13 through our Site. If you are under 13 years of age, please do not submit any personal information through our Site without the express consent and participation of a parent or guardian.
Our marketing emails tell you how to ”opt-out”. If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update or delete your personal information.
You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.
We do not track customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals.
Our computer systems are currently based in the United States, so your personal information will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you use the Site as a visitor from outside the United States, by using the Site, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.
We welcome your comments or questions about this Privacy Policy. All emails should be addressed to support@five9network.com. You may also contact us by mail at our address:
Five9 Network Systems, LLC
368-A Calcaterra Place
Palo Alto, California 94306
We may change this Privacy Policy by posting a new version on this page or on a successor page. The new version will become effective on the date it′s posted, which will be listed at the top of the page as the new Effective Date.
This Privacy Policy was last revised on June 11, 2015.
Unless otherwise specified in a quote or purchase order, all Five9NS hardware products are covered by a 1 year Return-To-Depot (RTD) Limited Warranty. For an additional fee, you may also purchase extended hardware warranties, on-site warranty support services, and software warranties and support. Any Five9NS extended hardware warranty you purchase is subject to all the same terms and conditions of this Five9NS Limited Hardware Warranty. This Limited Warranty extends only to the original purchaser of Five9NS products and is not transferable to any subsequent purchasers unless agreed to in writing by Five9 Network Systems.
Five9NS warrants to you that the hardware products listed on the Five9NS product price list, including parts, accessories, upgrades, components purchased as Customer Replaceable Units (“CRUs”), and components purchased as Field Replaceable Units (“FRUs”) (collectively, "Five9NS Hardware Products") will be free from material
defects in materials and workmanship for one (1) year, unless otherwise set forth in the quote or invoice for your specific Five9NS Hardware Product.
The limited warranty on Five9NS Hardware Products, including components purchased as CRUs, begins on the date the Product is shipped to you as indicated on the invoice. For components purchased as FRUs, the term of the warranty begins on the date the FRU is installed by Five9NS or by an authorized Five9NS installation partner. The original warranty period is not extended if Five9NS repairs or replaces a warranted Hardware Product or any part thereof.
The Five9NS Limited Hardware Warranty does not cover:
o Software, including, without limitation, the operating system, firmware, any third party software, or any other software added or reloaded to the Five9NS hardware products
o Third party (i.e. non-Five9NS) products and accessories Problems that result from:
o External causes such as accident, abuse, misuse or problems with electrical power
o Servicing not performed by or authorized by Five9NS
o Usage that is not in accordance with product instructions
o Failure to follow the product instructions or failure to perform preventive maintenance
o Installing additional hardware, software, accessories, parts or components not supplied by Five9NS
o Force majeure events
o Products with missing or altered serial numbers
o Products for which Five9NS has not received payment
o Normal wear and tear
Any attempt to repair or replace Five9NS Hardware Products that is not performed by or authorized in writing by Five9NS, or any tampering that is detected with the Five9NS Hardware Products will result in the voiding of your warranty. CRUs may only be installed by your employees or subcontractors who have been trained and authorized to do so by Five9NS, otherwise the warranty will be void.
FIVE9NS'S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE FOR FIVE9NS PRODUCTS, FIVE9NS PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION
(1) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO ANY THIRD PARTY PRODUCT OR SOFTWARE; OR (3) REGARDING THE RESULTS TO BE OBTAINED FROM ANY FIVE9NS OR THIRD PARTY PRODUCTS OR SOFTWARE. FIVE9NS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. FIVE9NS DOES NOT WARRANT THAT THE OPERATION OF ANY FIVE9NS PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.
FIVE9NS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED HARDWARE WARRANTY, AND FIVE9NS DOES NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED DATA OR SOFTWARE, EVEN IF FIVE9NS IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FIVE9NS SHALL HAVE NO LIABILITY
OR OBLIGATION FOR ANY DAMAGES THAT ARISE FROM THE USE OF HARDWARE AS PART OF OR IN COMBINATION WITH ANY DEVICES, PARTS OR THIRD PARTY PRODUCTS THAT ARE NOT PROVIDED BY FIVE9NS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC HARDWARE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH FIVE9NS IS RESPONSIBLE. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you encounter a problem and need warranty service, please contact us by phone at (585) 200-5010, or by email at support@five9network.com. Our service personnel will ask you to complete a Customer Failure Report Form and submit it to us by email at support@five9network.com. This Form is the first step in our warranty support process. It must be received by Five9NS prior to expiration of your Product warranty period for your Product to be considered in "warranty.” Five9NS will make commercially reasonable efforts to respond to receipt of a Failure Report Form or any service-related email or call within 4-hours of receipt or the next business day if the 4 hour window goes beyond our daily service hours.
Our normal warranty service hours are from 9am to 5pm EST, Monday through Friday, excluding holidays. Unless you purchase On-Site Warranty Service through a Five9NS-approved third party service provider,
Five9NS is the only party authorized to perform warranty service on Five9NS Hardware Products.
Upon receipt of your Customer Failure Report Form, our technical support personnel will work with you remotely to help determine the cause of your issue. If we determine that your issue is the result of a defect in materials or workmanship, but the issue is not able to be resolved remotely, Five9NS, at its sole discretion, may dispatch a CRU to you, arrange for you to send your product or defective part back to Five9NS's repair depot, or replace the product with a comparable product that may be new or refurbished. If you have purchased On-Site Warranty Service, Five9NS may also elect to dispatch a service technician to your location to perform the repair according to the terms of your On-Site Warranty Service.
If we determine that the problem is not covered under this Limited Hardware Warranty, we may be able to offer you service alternatives on a time and materials basis.
In the event that Five9NS determines that a defective Hardware Product should be replaced, we will ask you to return the Hardware Product to Five9NS. Before returning a Hardware Product to us, you should contact us to request a Return Material Authorization Number, which you must include with your return, along with a copy of your Customer Failure Report Form. You must return the Products to us in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk if the Product is lost or damaged in shipment. We will make commercially reasonable efforts to ship the repaired or replacement Products to you as soon as possible, subject to commercial availability of necessary components and parts. Under no circumstances, will we be liable for any failure to deliver a repaired or replacement Product to you by any particular date. We will pay to ship the repaired or replaced Products to you if you use an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, we will ship the Product to you freight collect.
It is your responsibility toback up all data on any hard drives or storage devices before returning defective Hardware Products to Five9NS. Five9NS is not responsible for any data lost or damaged as part of the Warranty return or repair process nor for any associated data restoration. Further, it is your responsibility to ensure that no confidential, proprietary, or personal information remains on any Hardware Product before returning it to Five9NS.
In the event that a firmware or software update or upgrade is required in order to address your issue, Five9NS will provide you with instructions for obtaining the update or upgrade, which may include agreement to additional licensing terms or payment of additional license fees. Unless otherwise designated on your Quote, you are responsible for performing and paying for all necessary software updates or upgrades.
Five9NS reserves the right in its sole discretion to terminate warranty service for any particular Hardware Product, upon 30 days' written notice, in the event it becomes commercially unreasonable to support the Product due to interruptions or cancellations in the supply of critical parts or components, and no commercially reasonable substitute is available. In the event of such termination during the first 12 months after shipment, your sole and exclusive remedy will be for Five9NS to refund to you the costs of the specific Hardware Product and any related extended warranty costs. If such termination occurs during an extended warranty period (13 months or more after shipment), your sole and exclusive remedy will be for Five9NS to refund the pro rata cost of your extended warranty.
2019-09-24
Disclaimer
Five9NS does not make any promises that the offers appearing on its website will be available to you. Any offer for products or services on this website is restricted to potential Five9NS customers who meet the qualification criteria as defined solely by Five9NS, including, without limitation, credit checks. Five9NS reserves the right, in its sole discretion, to reject any application for any such offers at any time, for any reason or no reason, without incurring any liability to you, our website users, any customers or potential customers, or any other third parties. All offers listed on our website may be discontinued at any time without notice and without any further obligation or liability to you, our website users, any customers or potential customers, or any other third parties.
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