PBBACKUP SERVICE AND PC-BACKUP SERVICE TERMS AND CONDITIONS

The following provisions apply whenever you utilize the PBBackup or PC-Backup Services and are in addition to the Pitney Bowes Terms. These terms, the executed order (the “Order”) and the Pitney Bowes Terms make up your agreement with Pitney Bowes (the “Agreement”). Capitalized terms not defined below will have the same meanings set out in the Agreement.

B1. DEFINITIONS

“Third Party Equipment with Embedded Software” - any Third Party Equipment with embedded software provided by PBI as specified on the Order.

“Maintenance Service” – the maintenance service described below for the Third Party Equipment with Embedded Software.

“Maintenance Service Term” – the Initial Service Term and all Renewal Service Terms.

B2. MAINTENANCE SERVICES (If purchased or leased)

B2.1 Your Maintenance Service Term and Renewal Service Term will be in accordance with your Sales or Lease Order or any renewal Order.

B3. WARRANTIES

B3.1 Warranty. THE THIRD PARTY EQUIPMENT WITH EMBEDDED SOFTWARE IS OFFERED “AS-IS” WITH NO WARRANTY.

B3.2 Disclaimer. MAINTENANCE SERVICE DOES NOT INCLUDE SOFTWARE MAINTENANCE AND/OR UPDATES. WE WILL NOT PROVIDE SERVICE UNDER THIS AGREEMENT IF THE THIRD PARTY EQUIPMENT WITH EMBEDDED SOFTWARE IS DAMAGED AS A RESULT OF EXCLUDED CIRCUMSTANCES.

B4. MAINTENANCE SERVICE

B4.1 Installation for PBBackup Service.

(a) Once we receive your Order for the PBBackup Service, we will schedule a date for us to come and install the Third Party Equipment with Embedded Software.

(b) When we are installing the Third Party Equipment with Embedded Software, you agree to provide a suitable power source, access to the install area, and access to any related data source.

(c) We will make every reasonable effort to install the Third Party Equipment with Embedded Software or perform the services on the requested install date detailed in your Order, but we cannot guarantee a specific date.

B4.2 If you give us remote support access as part of the installation process, you will receive remote monitoring services up to 4 times during the Maintenance Service Term, we will request your prior consent each time. If we receive a call from you requesting that we restore your computer system, we will send a service technician to your site to restore your computer system during Normal Working Hours. Your computer will be restored using the most recent image that was last backed up on the Third Party Equipment with Embedded Software.

B4.3 Replacement Service

(a) We have designated certain Third Party Equipment with Embedded Software as “service by replacement,” which means that we will replace, rather than repair this Third Party Equipment with Embedded Software.

(b) If we determine that replacement is necessary, we will, at no additional cost, ship or deliver new, reconditioned, or remanufactured Third Party Equipment with Embedded Software of the same or equivalent functionality.

B5. OTHER FUNCTIONALITY

B5.1 You are responsible for entering into your own arrangements with third parties for functionality not provided by us as part of this service offering.

Pitney Bowes Inc. PBBackup and PC-Backup Terms (Version April 2017)