vIPConnect | Equipment Policy

The Equipment Policy for equipment associated with the VSGi's vIPConnect service below is referenced from the VSGi Network Service Manual – General Terms & Conditions:

XI.   EQUIPMENT POLICY

A.   Equipment provided by VSGi.

1. If applicable and excluding any equipment provided by VSGI pursuant to a separate agreement between the parties, any terminating equipment, including without limitation routers, channel banks, and integrated access devices (collectively, “Equipment”) provided by VSGI, is and shall remain the property of VSGI at all times irrespective of the manner of its attachment to realty or its use and Customer shall have no right or interest to the Equipment other than for the purposes for which the Equipment is specifically intended.
   
   
2. At its own expense Customer must:  (i) procure maintenance services for the Equipment, if applicable; (ii) maintain the Equipment in the same condition as when delivered, subject only to ordinary wear and tear, and in good operating order and appearance;  (iii) maintain property and casualty insurance, with insurers of recognized responsibility and reputation, equal to the manufacturer’s list price;  (iv) obtain VSGI’s written consent prior to moving or relocating the Equipment; and (v) make available the Equipment for inspection by VSGI upon reasonable advance notice.
   
   
3. Within ten (10) days of the expiration or termination of the agreement by and between the parties, Customer shall, at its own expense, return the Equipment to VSGI in good repair, condition and working order, ordinary wear and tear resulting from proper use excepted, in a manner and to a location reasonably designated by VSGI. Failure to return such Equipment shall be considered a default of the agreement.
   
   
4. VSGI, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, TO ANYONE, AS TO THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP.  VSGI further disclaims any and all liability for loss, damage, or injury to Customer or third parties as a result of any defects, latent or otherwise, in the Equipment.  The Equipment is provided "as is."
   
5. Upon default by Customer, VSGI, may at its option, and in addition to any other remedy available at law or in equity:  (a) immediately terminate the agreement by and between the parties; and/or (b) take possession of, or render unusable, any Equipment without demand or notice, without any court order or other process of law and without liability to Customer for any damages occasioned by such action or immediately charge Customer for the retail fair market value of the Equipment, as determined by VSGI; and/or (c) require Customer to return the equipment pursuant to paragraph (c) above; and (d) charge Customer any reasonable collection and administrative charges incurred by VSGI in enforcing the terms and conditions of this policy.

B.   Equipment or Software Not Provided By VSGI.  Customer shall be solely responsible for the installation; operation, maintenance, use and compatibility of equipment or software not provided by VSGI and VSGI shall have no responsibility or liability in connection therewith.  In the event that equipment or software not provided by VSGI impairs Customer’s use of any Service: (a) Customer shall nonetheless be liable for payment for all Service provided by VSGI; and (b) any service specifications or service levels (and corresponding service credits) generally applicable to the Service shall not apply.  Customer shall cooperate with VSGI in setting the initial configuration for its equipment’s interface with the Service and comply with VSGI’s instructions in connection therewith.