Minimum Committed Term
Annual Subscription: 12 months
Subscription Pricing (in AUD ex. GST)
Annual Standard User License: $420.00
Annual Professional User License: $588.00
Annual Enterprise User License: $660.00
Annual Department Line: $315.00
Annual Room Phone: (each Room Phone is equal to the respective user license chosen)
Porting Fee: First number ported is free. Cost is then $33 for each additional number up to 30 numbers. $22 each for each number over 30 numbers.
Scope of Works – Implementation
Accounts Setup:
Project Kick off meeting and introductions
Provision of resold Dialpad account from Dialpad Inc
Set up users and configure all accounts (and set up additional users as needed)
Add Dialpad Extension to chrome at a domain level (if Client on G Suite)
Line Configurations:
Configure Main line
Configure Departments
Porting request and process / call forwarding to the Dialpad main line
Configuration changes to the mainline and departments, as needed
Adding of room phone and department lines, as needed
Training and App Deployment:
Send training videos
User accounts configuration and checking
Go Live
Support on Go Live day
Support & Sign Off:
Project implementation sign-off and feedback process
Ongoing support for all Dialpad users for the duration of active account with itGenius
Additional Terms
1. Definitions
In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
“Services” means the services to be provided by itGenius Australia to the Customer as are set out in this Agreement and such other services as agreed from time to time between the parties.
2. Dialpad
a. Upon signature and acceptance of the Quotation for Dialpad licenses and setup fees, the Customer agrees to have tested Dialpad in different network situations and across different devices and declares the quality of the product is acceptable to their use. The Customer declares their understanding of the minimum Committed Term and understand fully clauses 2b and 2c with respect to refunds.
b. Dialpad licenses are non-refundable and final once ordered from Dialpad Inc by itGenius. itGenius Australia will not entertain requests for full or partial refund claims due to ‘change of mind’, and additionally, itGenius Australia shall retain 100% of all licensing fees for issued licenses, and a portion of ‘time worked’ equivalent equalling at least 75% of total implementation fees for any projects cancelled due to ‘change of mind’ of Customer after licenses have been ordered from Dialpad Inc.
c. itGenius Australia will not provide refunds or early cancellation for Dialpad licenses outside of Committed Term for claims of poor network performance, system quality or features except where Dialpad Inc has acknowledged and granted a special refund to the Customer at their own discretion. itGenius Australia will, at its sole discretion, support genuine claims for refund or early cancellation to Dialpad Inc where there is proven cause to make claim i.e. Dialpad performing poorly in demonstrable optimal network conditions.
d. The Customer acknowledges Dialpad is provided to the Customer by Dialpad Inc, subject to payment of itGenius Australia’s invoice for Dialpad licenses. itGenius Australia is a Dialpad appointed reseller and facilitates the Customer's use of Dialpad by enabling the Customer to access Dialpad in accordance with this Clause and providing the Services and Goods all in accordance with this Agreement.
e. An annual fee is payable to itGenius Australia by the Customer for Dialpad. The annual fee is payable in advance although itGenius Australia may first provision the Customer with temporary trial Dialpad licences on initial setup to facilitate such set up and the calculation of how many Dialpad licences the customer shall need. The first annual fee is set out in the Schedule to this Agreement and thereafter the annual fee shall be as advised to the Customer by itGenius Australia. The first annual fee shall be payable to itGenius Australia in accordance with this Clause 2 and said Schedule.
f. Unless this Agreement is terminated or suspended at an earlier date in accordance with its terms, Dialpad shall be provided by Dialpad for a period of 12 months from the Payment Date (the minimum “Committed Term”) and, after that, shall continue to be provided, subject to payment of itGenius Australia’s invoice for the applicable annual subscription fees and any other invoice issued by itGenius Australia for Services and Goods, until this Agreement is terminated by one of the parties giving to the other not less than 14 days notice, such notice to expire on any anniversary of the end of the Initial Term. Pro-rated refunds or credits of annual license fees will not be issued for premature account cancellations during the course of the Committed Term.
g. Dialpad’s online administration interface includes the ability to ‘Add a License’ to facilitate the Customer adding additional staff members to Dialpad in a ‘self serve’ manner. The Customer acknowledges that any licenses added via the online interface by Dialpad administrators operating under the Customer’s Dialpad account are binding and non-refundable. itGenius Australia advises that there is a recurring software bug that will, at times, show additional license prices in USD or NZD instead of the correct AUD user/room license pricing. For the avoidance of doubt, licenses added via ‘self service’ administration will be billed according to the nominal user, department or room license rate charged to the Customer for other licenses.
h. After signing this Agreement and once itGenius Australia has set up the Customer’s Dialpad in accordance with this Agreement, itGenius Australia shall provide the Customer with the login details provided by Dialpad to itGenius Australia, to enable the Customer to log on to Dialpad. The Dialpad ToS shall form an agreement between Dialpad Inc and the Customer relating to the provision of Dialpad to the Customer by Dialpad Inc. The Customer shall comply with the terms of the Dialpad ToS. Dialpad’s current terms are available at https://dialpad.com/legal and may change from time to time.
i. The Customer shall only be entitled to have Dialpad used by the number of End Users for which it has purchased the service from time to time. The number of End Users for which the Customer is purchasing Dialpad as at the date of this Agreement is set out in the Schedule to this Agreement. The Customer may increase the number of End Users subject to first notifying itGenius Australia and paying itGenius Australia the additional fees due. Reducing licenses will only be available during the 30 days prior to renewal dates and is subject to the minimum required per license type. Prorated refunds or credits of annual license fees will not be issued for license downgrades, however each active user license may be ‘transferred’ to other users an unlimited number of times (allowing for staff changes without requiring new licenses unless total staff headcount increases).
j. Dialpad will issue 1 free administrator user license to the Customer for the access purposes of itGenius Australia, which must be kept active in Dialpad by the Customer for itGenius Australia to deliver support and gather usage data. In addition, to facilitate this access, the Customer must retain an active, non-administrator mailbox within their primary email domain named itGenius@[companydomain] (at the potential cost of the Customer) to facilitate itGenius Australia’s access. If itGenius Australia is restricted from accessing the Customer’s Dialpad account by way of either of these administration accounts being restricted, reassigned, disabled or deleted – itGenius Australia reserves the right to temporarily suspend the service of Dialpad to the Customer until administration access is reactivated.
k. Dialpad Inc may provide technical support services directly to the Customer's IT administrators, pursuant to the technical support services guidelines specified in the Dialpad ToS. The Customer may choose, in its sole discretion, to include itGenius Australia in communications with Dialpad Inc. If authorized by the Customer, itGenius Australia may submit issues to Dialpad Inc on behalf of the Customer.
l. Dialpad will be provided in accordance with the terms of service (“SLA” for Enterprise licenses) located at https://dialpad.com/legal. This SLA may be updated periodically by Dialpad Inc. In the event of a breach of the SLA, itGenius Australia will provide to the Customer only the remedies specified in the SLA, all in accordance with and subject to the terms of the SLA. The Customer accepts the SLA as setting out its entire rights and remedies against itGenius Australia in the event of a failure by Dialpad Inc to provide, or any defect, or service failure, in, Dialpad or any unavailability of Dialpad.
m. Please note for clarity that ‘Standard’ and ‘Pro’ Dialpad licenses do not include guaranteed uptimes or remedies for system/platform outages from either itGenius Australia or Dialpad Inc. ‘Enterprise’ licenses do include this SLA.
n. The Customer shall not resell, distribute, lease, or allow another third party to use, Dialpad.
o. The Customer's use of Dialpad is subject to the Customer's compliance with Dialpad's acceptable use policy (the “AUP”) which is posted at Dialpad's website at https://dialpad.com/legal or such other address as Dialpad may use from time to time.
p. itGenius Australia may suspend access to, or terminate, the Customer's use of Dialpad if (a) the Customer engages in illegal or deceptive trade practices or any other behaviour prohibited by the Dialpad ToS or otherwise by applicable terms of use for Dialpad; or (b) if Dialpad Inc terminates or suspends the provision of Dialpad to the Customer.
3. Limits of Liability
Customer acknowledges that Dialpad Inc is responsible for hosting any phone numbers ‘ported-in’ to Dialpad and Dialpad Inc is obliged to allow free porting-out of those numbers in compliance with the Australian Telecommunications Act 1997. itGenius will support and help facilitate any Customer requests to port-out numbers from Dialpad with best efforts.
