FUSION® Network Access Gateway Warranty Policy

This End User Warranty Policy sets forth the terms under which Hotel Internet Services, (HIS) upon Customers payment of applicable fees and successful installation, will provide Warranty and hardware repair and/or replacement services to Customer for the FUSION Network Access Gateway (FUSION), either directly or indirectly through FUSION authorized service representatives. Hotel Internet Services, at its sole discretion, may change this policy at any time.

End User Warranty Terms and Conditions

1. Limited Warranty.

a. Limited Warranty; Warranty Period. Unless otherwise expressly required by applicable law,

Hotel Internet Services warrants to you, the original end user, that from the date you purchase the Hardware: (i) the Software will be free from material defects and will perform in substantial compliance with the Documentation for a period of ninety (90) days; and (ii) the Hardware will be free from material defects and will perform in substantial compliance with the Documentation accompanying the Hardware for a period of one (1) year [two (2) years for countries that are members of the European Union]. Upon confirmation by Hotel Internet Services of a warranty defect during the warranty period applicable under Section 1.a(i) or (ii) above (in each case, the “Warranty Period“), Hotel Internet Services, at its sole option, will either repair or replace the defective Hardware or Software or refund the amount you paid for the Product.

Replacement products or repaired items may be new or with functionally equivalent refurbished items. Repair, replacement, or refund is the sole and exclusive obligation of Hotel Internet Services and is the only remedy available to you from Hotel Internet Services for defective Products. These warranty rights extends only to the original user of the Product.

b. Requirements. Hotel Internet Services obligations under Section 1.a above are subject to your satisfaction of the following conditions: (i) you have registered the Product and complied with the other provisions in this Agreement; (ii) you have not opened the case of the Product; (iii) you have not modified or altered the Products; (iv) you have not attempted to repair the Product; and (v) you have used the Product only as described in the Documentation; (vi) you have not allowed any other person to take any of the preceding actions. In addition, Hotel Internet Services obligations under Section 8.a above will not apply to defects or damage resulting from accidents, acts of nature or other causes beyond Hotel Internet Services control. Your warranty rights are also subject to Hotel Internet Services verifying that a material defect exists and your return of the defective Product during the applicable Warranty Period.

c) End of Life Procedures and Support. Hotel Internet Services will provide End Of Life (EOL) notification for discontinued Hardware and spare parts to Customer, either directly, through the Customer Support Center, through our Channel Program Partners or through the FUSION Gateway website. EOL Systems shall be repaired or replaced with similar products, at Hotel Internet Service’ discretion for up to 2 years after the EOL effective date. In the event such repair or replacement is not covered by a FUSION Support agreement, Customer will be charged for such repair or replacement at the FUSION then-standard rates. Hotel Internet Services supports the then current and One Major Release previous software release. FUSION® is a product of Hotel Internet Services. For more information contact: 1-866-265-7575 ext. 701

d) Extended Warranties. Hotel Internet Services offers extended warranties for customers which will extend the warranty period by increments of 1 year. Extended warranties are available for all FUSION models and provide advanced replacement as long as the FUSION Support Services Plan is also current. Extended Warranties cannot be purchased for any FUSION that is EOL and cannot extend beyond the EOL date of a box. If there is a lapse in warranty coverage for a box and a customer wishes to purchase an Extended Warranty, the new Extended Warranty policy will be effective as of the date the initial warranty elapsed.

2. Warranty Disclaimer.

a) Disclaimer: THE WARRANTIES IN SECTION 1 (a) ARE HOTEL INTERNET SERVICES ONLY

WARRANTIES. HOTEL INTERNET SERVICES DOES NOT WARRANT THAT ANY PRODUCT WILL (i) MEET

YOUR REQUIREMENTS, (ii) BE INTEROPERABLE WITH ANY OTHER TECHNOLOGY, OR (iii) FUNCTION WITHOUT INTERRUPTION OR ERROR. EXCEPT AS EXPLICITLY WARRANTED IN SECTION 1 (a), HOTEL INTERNET SERVICES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE.

3. Hardware Repair/Replacement.

a) Hardware Return Procedure. In the event of Hardware failure, Customer must contact Call Center for Hardware failure validation and troubleshooting. After Call Center has validated the Hardware failure, Customer will receive a Return Material Authorization (RMA) number. To ensure proper tracking and handling of returned Systems or parts, all equipment returned to Hotel Internet Services must have a RMA number assigned prior to their return.

Customers that have purchased a FUSION Support Services Plan (that is current) may choose to return defective equipment under either the warranty procedures set forth in Section 3 b) below or the

Advance Hardware replacement procedures set forth in Section 3 d) below. Customers that have not purchased a Support Services Plan may return defective equipment only under the warranty procedures set forth in Section 3 b) below.

b) Warranty Repair. FUSION warranty repair procedures apply to any defective System or part purchased by Customer that is under warranty. If Customer has not purchased a FUSION Support

Services Plan, then Customer may return defective System or parts only under this Section 3 b).

Customer is responsible for the cost of returning an inoperative System or part to Hotel Internet Services, and the defective equipment will be repaired or replaced at the discretion of Hotel Internet Services. Return instructions will be provided to Customer at the time the RMA number is assigned. Hotel Internet Services will use commercially reasonable efforts to ship repaired or replaced equipment within 15 business days of receipt of the returned equipment. Hotel Internet Services is not responsible for importing the system into any country or any customs duties, value added taxes, or any other duties or taxes. Unless the Customer has a FUSION Support Services Plan, Customer will be responsible for all shipping costs for Warranty repairs.

c) Advance Hardware Replacement. If Customer has purchased FUSION Support Services Plan (that is current), then Hotel Internet Services will provide Hardware replacement to Customer prior to Customer’s return of the defective Systems or parts. Hotel Internet Services will provide replacement part(s) to Customer and include a return kit with each replacement part. Provided in each return kit will be a return instruction sheet and a reprinted return label. Customer must follow the return instructions to return the defective Systems or parts within 30 days of failure or pay the purchase price of replacement parts for any Systems. Customer is responsible for backing up, properly storing configuration files and implementation of those setting on replacement hardware. System or defective equipment replacement part will be new or refurbished at the discretion of Hotel Internet Services. For US Systems, Advance Hardware Replacements will ship out the next business day, if request for replacement part is made and confirmed by 4pm PST on a business day.

 

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