Effective: March 31, 2026

The following additional terms and conditions apply to the Zultys “Provided Equipment Program” and to any Equipment you purchase or rent from Zultys as set forth in the Service Agreement:

1. Product Acceptance All Equipment shipped to the customer after 30 days from the date of shipment is deemed accepted and in good working order by the customer.
2. End of Contract Product Return: All rented Equipment must be returned to Zultys at the end of the contract in full working condition and not defaced, modified, or otherwise altered. Zultys retained the right to charge the customer for the lesser of repair or replacement if the Equipment isn’t as stated above.   In the event the customer doesn’t return a working unit Zultys will charge the customer for the current fair value of the product plus a $25 restocking fee per unit.
3. Defective Equipment: In the event the Zultys Provided Equipment has a technical issue and isn’t working properly, please work with our Zultys Technical Support team to validate that the issue is of a technical nature. If the device isn’t working properly, our Technical Support team will set up a Return Authorization (“RA”) and provide you with a replacement phone shipped to you as soon as possible, with adequate shipping materials to repack and return the failed unit to Zultys.  You will have 45 days to return the unit to Zultys and if the unit is returned within 45 days there will be no charges for the replacement; otherwise, you will pay the full list price for the advanced replacement as well as the ongoing rental price.
4. Upgrades: You can request an upgrade for a phone after the first completed twelve (12) months of Services on a Services Agreement.
   1. Your payment obligations under the Services Agreement must all be current and fully paid up.
   2. The Equipment must be returned to Zultys in working condition at the customer’s expense
   3. You must pay a $75 restocking fee for the returned Equipment per device
   4. Phones/Equipment that are not returned in working condition will be charged 100% of the full purchase price from the Price List
   5. Equipment returned that is not complete (cords, power supplies, manuals etc.) will receive a minimum of $30 fee up to 100% of the full Price
   6. Only phones are available for upgrade; any and all other Equipment rented may not be upgraded. When you upgrade your phones at any time after the initial twelve (12) month period as described in the Service Agreement, you acknowledge that the term of your committed use of the new Equipment automatically is extended for eighteen (18) additional months following the date of upgrade.
5. Term of Service: Equipment rented under the Zultys Provided Equipment Program must align with the term of the customer’s service agreement.
   

   For customers subscribing to Zultys Cloud Services without Hardware as a Service (“HaaS”), rented phones and other peripheral equipment are provided under a minimum commitment of eighteen (18) months. If the customer cancels the equipment rental prior to the completion of the eighteen-month period, a termination charge of $100 per rented item will apply. After the minimum commitment period has been satisfied, the rental term will convert to the same term as the applicable service agreement.

   For customers receiving Hardware as a Service, including but not limited to rental of the MX-E or MX-SE II system and any associated phones or accessories, all rented equipment is subject to a minimum commitment of thirty-six (36) months. If the customer terminates the equipment rental prior to completion of the thirty-six-month commitment period, termination fees will apply. The early termination fee for an MX-E system rental is $999. The early termination fee for phones and phone accessories is $100 per rented item.

   If the term of the Zultys Provided Equipment Program is not explicitly stated, the rental term shall be deemed coterminous with the term of the customer’s service agreement, subject to the minimum commitment periods described above.

6. Payment: Payment for the Zultys Provided Equipment will be done at the same time and via the same payment method as Zultys Services.
7. Governing Law; Personal Jurisdiction; Venue. This rental agreement is governed by the laws of the State of California and all parties consent to the exclusive jurisdiction of the courts in California.
8. Severability: If any part of this contract is declared unenforceable by a court, all other parts will remain enforceable.
9. Entirety: This contract, the Zultys Website Terms and Conditions, and the service contract (“Service Agreement”) constitute the entirety of the contract between customer and Zultys.
10. Effective Date: This rental agreement will become effective upon the first day of the “Contract Term” in the Service Agreement.
11. Property Insurance: It is your responsibility to maintain adequate property insurance for the Equipment in the event of any event damaging the use or functionality or appearance of the rented Equipment. You will ultimately be responsible for any damage, and Zultys will not be responsible for any such damage.