Resources
Updated May 22, 2024
InfoTech Enterprise Solution’s Lease Agreement (“InfoTech”) (“Lease Agreement”) is available to Customers who have entered into a written contract (Service Activation Form) for the purchase of InfoTech’s Hosted Fax, Cloud-based PBX, VoIP or SIP Services with a minimum Initial Term of at least thirty-six (36) months. For clarification, the Agreement must be co-terminous with InfoTech’s Service Activation Form for an Initial Term of at least thirty-six (36) months, and the Customer must enter into the Lease agreement at the same time as the Start Date of the Service Activation Form. This Lease Program is offered and available to United States residents only. This Agreement, when entered into, will be governed by InfoTech’s Service Activation Form.
Lease Services
This Agreement covers the use of InfoTech’s telecom services and the lease of certain telecom hardware (each a “Lease Device”) and will be collectively known as, the “Services”. InfoTech charges a Monthly Recurring Charge for this Service (collectively, the “MRC”). As a part of Customers recurring bill from InfoTech, Customer agrees to pay the MRC for all Lease Devices, using the same payment method and payment period as Customers payments for InfoTech’s Hosted Fax, Cloud-based PBX, VoIP or SIP Services. If applicable, InfoTech will pro-rate the MRC for any equipment that is leased, for the initial period from the start of the Lease period until the end of then-current billing period for InfoTech’s Services, and the start of the agreement will begin on the date a Lease Device is either installed by a member of the InfoTech technical team, upon activation of the system, or in plug-n-play cases, when recorded as delivered by a designated courier.
The Services with respect to a Lease Device shall commence on the Lease Start Date and terminate upon the earliest to occur when (a) either Party delivers written notice of termination of this Agreement to the other Party at least thirty (30) days prior to the applicable termination date (with such termination date being at the end of the billing period in which the end of such 30-day period occurs), or (b) the termination of the Service Activation Form. Notwithstanding the above, at any time within thirty (30) days after the Start Date, Customer may terminate the Lease Agreement with respect to a Lease Device immediately upon written notice from Customer to InfoTech, without paying any Lease Fees for such Lease Device.
If Customer wishes to upgrade a Lease Device, the replacement of the current Lease Device shall be deemed a termination of the Services with respect to the current Lease Device and be subject to the termination provisions hereof, including the return or purchase provisions for the Lease Device set forth in the Return or Purchase Rights section of this Lease Agreement; provided that the Services for the current Lease Device shall be deemed to terminate, and the Services of the replacement Lease Device shall commence, on the date the replacement Lease Device is either installed by a member of InfoTech, upon activation or upgrade of the system, or in certain cases recorded as delivered by a designated courier.
The MRC for the leased Services does not include additional services Customer may be liable for, taxes, fees, international usage, and other additional services. Sales tax varies by jurisdiction of purchase or Lease and may be calculated based on full retail price or InfoTech cost price, as determined by the tax laws in the jurisdiction of purchase or Lease.
If Customer decides to upgrade their devices, they will be sent the new devices upon ratification of a new Service Activation Form. If the Customer does not return the old Lease Device (subject to InfoTech’s inspection and acceptance of the returned Lease Device in its reasonable discretion) within thirty (30) days following the acceptance of the new Lease Services for such Lease Device, Customer will be deemed to have purchased the previous device at a purchase price equal to the then-current list price as shown on InfoTech’s website or other up-to-date official InfoTech documentation.
Lease Devices Ownership; Damage and Loss
InfoTech is (and will remain) the owner of each Lease Device unless title is conveyed to Customer in writing following InfoTech’s confirmation to Customer of its receipt of Customer’s payment in full of the purchase price for the Lease Device. If both parties agree upon a Rent-to-Own payment plan in the Service Activation Form, then InfoTech will remain the owner of each Lease Device until the Rent-to-Own program terms have been fulfilled. Customer will not grant any third party any right to use, possess, or control any Lease Device, sublease any Lease Device, attempt to dispose of any Lease Device, grant any interest or right in a Lease Device to any third party, or otherwise do anything that undermines InfoTech’s ownership of each Lease Device. InfoTech may, without notifying Customer, assign InfoTech’s interest in any Lease Device, and in that event, InfoTech’s assignee will have all of InfoTech’s rights in the Lease Device under this Agreement, but none of InfoTech’s obligations. Customer agrees not to assert any claims, offsets, or defenses against InfoTech’s assignee that Customer may have against InfoTech. Upon receipt of each Lease Device, Customer will examine each Lease Device, and unless Customer notifies InfoTech of any issue with a Lease Device within five business days of Customers receipt of a Lease Device, each Lease Device is deemed to be in good working order at the time of receipt. In the event that any Lease Device delivered to Customer is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, Customer will immediately notify InfoTech in writing and pay InfoTech a purchase price equal to 100% of the Lease Device’s then-current list price shown on InfoTech’s website or other up-to-date official InfoTech documentation.
Upon conclusion of the Lease Agreement, should Customer wish to continue with our Services after the terms of the initial agreement have been fulfilled, the Customer then has the ability to continue the Service on a month-to-month basis and keep their current telecom equipment, or upgrade the existing devices and enter into a new Agreement regarding those items. If the Customer does not wish to continue the Service, Customer must return the devices currently in their possession, (including all InfoTech accessories and materials that were provided with the primary hardware device) consistent with InfoTech’s written instructions and in accordance with the Return or Purchase Rights section of this Lease Agreement, and that Lease Device will no longer be considered a Lease Device upon the completion of the Lease Agreement, but rather, the Customer’s property.
Replacement Policy of Lease Device
InfoTech’s Lease Program and Lease Agreement (“Lease Agreement”) covers parts replacement and/or refurbishment in the event of hardware failure due to mechanical defects and normal wear and tear. The replacement Lease Device will be preprogrammed, per availability, and shipped to Customer at their business location unless otherwise specified. Customer will send defective device back to InfoTech per designated courier call tag within 10 days of receipt of new device. Failure to return the defective Lease Device will result in a Non-Device Return Fee, which includes a purchase price equal to 100% of the Lease Device’s then-current list price shown on InfoTech’s website. InfoTech’s Lease Program and Lease Agreement (“Lease Agreement”) does not cover damage by an ‘Act of God’ (i.e.- floods, storms and lightning), fire damage, misuse and abuse including liquid damage, and disposable items such as batteries and headsets, or add-ons such as phone cameras or wall mounts. Should an ‘Act of God’ or similar occur within 12 months of the Device Lease Start Date, InfoTech will contact the Device manufacturer directly, on a case-by-case basis, to determine replacement coverage options, and should the Device manufacturer accept the return of the damaged device then no Device chargeback will occur.
Lease Device Usage
Customer will ensure that: (a) each Lease Device will only be used in a careful and proper manner and in accordance with the written instructions provided by InfoTech, as may be updated by InfoTech or the manufacturer of the Lease Device from time to time; (b) each Lease Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, local law or regulation; (c) each Lease Device must remain within the United States and may not be exported or re-exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Lease Device may not be removed, defaced, or otherwise obstructed; and (e) each Lease Device will only be repaired subject to InfoTech’s express written authorization and in accordance with InfoTech’s instructions and requirements.
Return or Purchase Rights Returns
When Customer returns a Lease Device, Customer agrees to return a fully functional and non-damaged Lease Device to InfoTech, at Customers risk and cost, and Customer agrees that, to the extent that Customer does not do so, Customer will be obligated to pay InfoTech a thirty-five-dollar ($35.00) re-stocking fee. Customer agrees to pay all shipping and handling charges related to any Lease Device and related hardware returns. All Lease Devices and related hardware must be fully functional, include all components, peripheral devices, and all other accessories that were originally shipped with the Lease Device. At our discretion, we may decline Customers return or charge Customer an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is damaged or not in good working condition, plus the full replacement cost of the missing, damaged, or faulty item. Before returning any Lease Device or hardware that has data in its memory, Customer must transfer all files Customer wishes to retain to another file source. Once the hardware is returned, Customer files cannot be recovered and Customer releases InfoTech of any liability for any lost, damaged, or destroyed files, data, or other information.
Purchases
Customer may purchase a Lease Device at any time following 12 months from the date Customer received the Lease Device. Customer agrees to purchase the Lease Device for 80% of the Lease Device’s then-current list price shown on InfoTech’s website.
Other Remedies
If Customer is obligated to return or purchase a Lease Device subject to this Return or Purchase Rights section of this Lease Agreement, and Customer has not returned a Lease Device or Customer has defaulted in any obligation to pay the purchase price due for a Lease Device to be purchased, InfoTech may, in addition to those remedies available at law, in equity, or as otherwise set forth in this Agreement, take possession of any or all Lease Devices without demand, notice, or legal process, wherever each Lease Device may be located, and Customer hereby waives any and all damages occasioned by that taking of possession.
Warranty Disclaimer
EACH LEASE DEVICE AND ANY TELEPHONE HARDWARE PURCHASED IN CONNECTION WITH THIS LEASE AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND InfoTech MAKES NO WARRANTIES, (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. InfoTech MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY LEASE DEVICE WILL BE DELIVERED TO CUSTOMER BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY LEASE DEVICE SHALL BE BORNE SOLELY BY CUSTOMER. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CUSTOMER. TO THE EXTENT THAT InfoTech CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
General Terms
Customer authorizes InfoTech to collect any payment owed by Customer hereunder from Customer’s payment method, as provided in Customer’s signed Service Activation Form. This Service Activation Form constitutes the complete, final, and exclusive embodiment of the entire agreement between InfoTech and the Customer regarding the Lease Services. In signing the Service Activation Form, the undersigned represents to InfoTech that the undersigned has full power and authority to perform all of its obligations hereunder. This Service Activation Form is the binding obligation of the undersigned, enforceable against the undersigned in accordance with its terms. InfoTech may, in its discretion, update or change the terms and conditions of this Lease Agreement, and the version of this Lease Agreement applicable to each Lease Device, shall be the version referenced by Customer’s signed Service Activation Form then in effect at the start of the Lease for that Device, including the start of the Lease for an upgraded Lease Device. This Lease Program is offered and available to United States residents only. Customer must agree to a Service Commitment Period with InfoTech with an Initial Term of at least thirty-six (36) months to be eligible to participate in the Lease Program.