Support Agreements Terms and Conditions

GENERAL T’s AND C’s

• Requests for Support of any kind (including technical phone support) should be submitted through the LightWerks Support site at https://support.lightwerks.com/.
• Pricing for service involving on-site support is good for up to 40 miles from the servicing office. Any additional drive time will be billed at our quoted person-hour rate in increments of one-hour.
• Unless shown otherwise on a quote, each service incident incurs a minimum charge per required technician as follows:
  • Remote support will be billed a one-hour minimum charge; and
  • On-site support will be billed a two-hour minimum charge.
• Grace periods will be applied to services as follows:
  • Customers will be given a grace period of 15 minutes of additional support time vs. the required minimum or quoted duration.  After the 15-minute grace period, support will be charged in hourly increments from that point on.
  • Phone support is free for up to 15 minutes per incident.  After 15 minutes, phone support will be chargeable at the remote support rate above.  LightWerks reserves the right to charge for phone support incidents beyond a certain reasonable number.
• LightWerks’ standard support hours are generally defined as 8:00 a.m. to 5:00 p.m. Monday through Friday (local time).  When required, it MAY be possible to get remote or onsite support outside of normal business hours at additional cost.
• Equipment loaners and warranty extensions are not included in any standard Support plan.  Speak to your LightWerks representative about the possibilities and the economic/cost implications.
• Parking expenses, if any, are the responsibility of the customer. If free parking or validation cannot be provided, we will bill for parking costs plus a $25 processing fee.
• If a customer must cancel any LightWerks on-site support visit, they must do so at least four business hours prior to the visit. Failure to do so will result in a charge of two person-hours.
• Pricing does not include the price of consumables or parts required to service covered systems. These will be quoted separately at the time they may be required.
• Agreement cancellation can be done by either party with 30-day notice in writing.  Refunds will be made in credit or by check/ACH on a pro-rated basis based on the end-date of the agreement.

PLATINUMCARE T’s AND C’s

Parties and Applicability

These terms and conditions (“Terms and Conditions”) apply to the service agreement (“Service Agreement”) provided by LightWerks Communication Systems, Inc. to the party named the “Customer”.

By payment of  invoices (“Invoice”) for support services, which will refer to the Service Agreement, Customer agrees to these Terms and Conditions, which shall not be amended or supplemented and shall supersede all others unless otherwise mutually agreed in writing. The invoice and the Service Agreement subject to these Terms and Conditions shall make up the entire Service Agreement.

LightWerks agrees to provide service under the Terms and Conditions of this Service Agreement for the specific equipment subject to the terms, conditions and exclusions listed below.

Remote Monitoring and Management Services

LightWerks will provide Customer with remote monitoring and management of their audiovisual system. These services will be limited to devices that are configured to and can communicate with the Remote Device Management application. If the devices are not configured to communicate with the Remote Device Management application then they will not be applicable for Remote Monitoring coverage.

With Remote Monitoring, if a device loses communication with the Remote Device Management application, the VNOC will receive an alert and will begin remediation response and resolution. If further action is needed, the VNOC will alert the site contact and make arrangements for a site visit.

The VNOC will also provide remote management of the Customer’s audiovisual system devices on the audiovisual and videoconference network infrastructure. As part of this service, LightWerks or its agents will perform the following tasks on applicable devices:.

• Remote Power Toggle of the AV System Control System
• Virtual control of the room’s touch panel for real-time troubleshooting
• Virtual control of devices with web portal/virtual interface capability
• Provide any recommend firmware updates after discussion with Customer

Remote Monitoring relies on communication with the system’s control processor, system touch panel, and any device capable of monitoring that LightWerks Communication Systems, Inc. wishes to monitor. LightWerks must have access to the uncompiled code and network for the system control processor and the system Touch Panel in order to properly implement Remote Monitoring.

Proactive Maintenance

Under this Remote Monitoring and Management Agreement, LightWerks will perform the following proactive maintenance services:

• Notify the Customer of any lamps or filters approaching their recommended replacement hours.
• Toggle any necessary power to any system display, monitor, or associated audiovisual equipment to prevent possible display burn-in, overheating, or unnecessary system
• Provide quarterly reports noting any issues and resolutions found through monitoring

Unless otherwise noted, the above services will be performed on an as-needed basis.

VNOC

Telephone support will be made available from the VNOC dedicated help desk hotline: (888) 995-4968.

LightWerks, if possible, will collect, organize, and file copies of all as-built system documentation in a central service area for troubleshooting procedures. In addition to submitting tickets at https://support.lightwerks.com requests can be made via email to [email protected].

Response Times

Remote Monitoring provides real-time monitoring of the audiovisual systems from our VNOC on a 24×7 basis (for customers who have purchased this option). Telephone “call-back” response for correcting a problem will be within one half-hour of issue alert. A trouble ticket will be opened in the service database and will be monitored and pursued until the problem is rectified and the ticket is closed. The VNOC will begin virtually troubleshooting the issue with the designated devices. Where applicable, the VNOC will attempt to remotely restore functionality using the applicable remote tools. If onsite response is needed, and if the Dispatch Service option is purchased, LightWerks will dispatch a technician to that site to troubleshoot and resolve the issue. If Customer does not purchase the Dispatch Service option, then a quote for a service call will be provided for approval and PO prior to dispatching the technician.

A trouble ticket will be opened by a LightWerks Help Desk Service Coordinator in the service database and will be monitored and pursued until the problem is rectified and the ticket is closed.

On-site response time is within two business days (48-hours from telephone notification) based on room availability.  During this call, the technician will troubleshoot the problem and, in case a proper resolution is not found at that time, will make every effort to provide a workaround in case the equipment needs to go out for repair, or a replacement is needed. A workaround allows for continued use of the room preventing any downtime of the system.

As part of the Dispatch Services option, LightWerks will provide Customer the option for Emergency Next Business Day service calls. As part of this option, if next business day service is necessary and available, then LightWerks will schedule this call with the customer based on next day business room availability. If scheduled, the Emergency Next Business Day service call will be billed at a rate of $250/hr with a three hour minimum. If the room is not available, then the call will be scheduled within the Two Business Day parameters set forth in the On-Site Response Time and Availability section of this proposal.

Lamps

Other than the cost of lamps themselves, all other costs associated with a lamp change are included in this plan. We highly recommend that spare lamps, if any are relevant, be kept and available on the premises.

Other Notices, Requirements, Exclusions, and Limitations

• To ensure success, services turn-up requires 30-45 days to complete any necessary on-boarding process.
• Remote Monitoring availability is based on Customer making network available to LightWerks and having the equipment on the customer’s AV network. Additionally, remote monitoring services are based on LightWerks having access to the customer’s applicable software portals and interfaces including: Zoom, Crestron, etc.
• Remote Monitoring and Remote Management services are only available on devices that support these services and have been properly programmed to support this service. If the device supports this service, but has not been programmed appropriately, LightWerks will provide a quote to update the uncompiled code to incorporate remote monitoring and management services.
• LightWerks requests to have all uncompiled code and drawings related to any system that was not installed by LightWerks. These items are required in order to properly troubleshoot and remedy issues within the audiovisual system. If code is not available, proper troubleshooting and remediation of the equipment may not be possible. LightWerks will use best efforts to keep the system operational if code is not available.
• Virtual Control of the touch panel is available for control systems that support virtual control functionality and where network communication is available between the system and the VNOC. If functionality and e-control are supported, Customer must provide LightWerks with the uncompiled code to the control system and touch panel. If the device supports this service, but has not been programmed appropriately, LightWerks will provide a quote to update the uncompiled code to incorporate remote monitoring and management services.
• Virtual Device Control relies on the device having an existing web or virtual interface allowing access through the internet or remote desktop. The device must also be able to communicate to the  VNOC.
• Virtual Control is limited to the capable devices. Any request for virtual control of non-capable devices will require the replacement of these devices, and would fall outside of the terms of this agreement.
• LightWerks and its agents follow industry standard practices in regards to firmware upgrades and only updates firmware when necessary for security purposes, identified firmware bugs, or approved feature changes.
• LightWerks and/or its agents require network access to Customer’s audio visual infrastructure network. This can be in the form of an VNOC general login or, when a general login is unavailable, logins for each staff member of the VNOC. Any limitation to such access will prevent LightWerks from providing the level of remote monitoring service described in this proposal.
• Specifically excluded from coverage under this Service Agreement are as follows: Parts and repairs required for any equipment not installed by LightWerks as of the signing of an agreement. These items and service costs will be billed separately to Customer by LightWerks Communication Systems, Inc.
• Also specifically excluded from coverage under this Service Agreement is any damage related to or caused by: fire, flood, acts of God, accident, misuse, abuse, control system programming, computer viruses, any equipment altered from original condition, any incompatibility issues relating to customer furnished equipment and any workmanship defects in systems not installed by LightWerks as of the signing of an agreement. Also, any usage of the equipment outside of manufacturer recommended customary and normal usage. Further, all equipment designated by the manufacturer as “beyond the end-of-life cycle and is no longer supported” or “beyond economical repair” will not be covered by this Agreement.
• Delays in scheduled service due to client use or obstructed access to equipment and/or changes to the system including relocation by client or any third party will be subject to additional charges.
• This proposal does not include parts or repairs on OFE equipment but does cover service call labor to troubleshoot issues with the OFE equipment. Any necessary parts or repairs for OFE equipment will be quoted to Customer.
• Specifically excluded from coverage under this Service Agreement are the items listed immediately below:
  • Projector Optical Blocks
  • Display Burn-In and/or Image Retention
  • Screen Surfaces
  • Consumable Items (Batteries, Filters, etc.)
  • Mirrors
  • Cosmetic Parts

  Also specifically excluded from coverage under this Service Agreement is any damage related to or caused by: fire, flood, acts of God, accident, misuse, abuse, control system programming, computer viruses, any equipment altered from original condition, any incompatibility issues relating to customer furnished equipment and any workmanship defects in systems not installed by LightWerks. Also, any usage of the equipment outside of manufacturer recommended customary and normal usage. Further, all equipment designated by the manufacturer as “beyond the end-of-life cycle and is no longer supported” will not be covered by this Agreement.

Other Optional Services

Programming

This agreement covers any necessary reloading of code due to repair or replacement of touch panels or control processors. This is limited to the code (uncompiled and compiled) provided to LightWerks and does not cover any programming changes made by other vendors as of the signing of this agreement.

LightWerks can provide quotes for programming services to update or change code to the audiovisual systems at Customer’s location.

If code is not available, proper troubleshooting and remediation of the equipment may not be possible. LightWerks will make best efforts to keep the system operational if code is not available.

Preventive Maintenance Service Visit(s)

If purchased by Customer, LightWerks will perform the following services once annually:

• Clean all external and internal serviceable components
• Clean or replace all serviceable filters
• Verify, test, align, focus and balance all equipment in accordance with the manufacturer’s original specifications and
• Verify smooth operation of system

Visits to those sites designated in an agreement must be scheduled in advance and agreed to by LightWerks and Customer. All areas and rooms must be made available for the technician(s). A preventive service visit may be combined with a service visit.

Preventive service will be provided during the normal business hours of Monday through Friday 8:00 AM – 5:00 PM local time. Customer will be responsible for allowing access to the equipment during these hours.

Loaner Equipment

If loaner services are purchases as part of a plan, when necessary, comparable loaner equipment will be used to replace defective equipment to maintain system functionality in service agreement rooms. Replacement equipment may not be an exact replacement, but will keep portions of the system operational.

Reduced Rates for Additional Service

As part of this agreement, LightWerks will offer Customer discounted rates for service calls to replace specific items covered under this agreement and for additional work that may be desired.

Time and Materials Work

Any service performed by LightWerks when the service program described in this Service Agreement is not in effect, any service performed outside the hours or limits of the coverage selected by the customer, and any service on equipment not listed on this Service Agreement will be billed to the Customer in accordance with LightWerks’ prevailing labor, parts and materials rates with payment due within 30 days of the invoice for such service.

Other Terms and Conditions

Termination and Renewal

Customer or LightWerks may cancel this agreement with a 30-day written notice to the LightWerks Advanced Support Manager, or Customer representative, respectively. This agreement is renewable upon written, mutual consent by both parties. Pricing for subsequent years may be adjusted to reflect current labor rates and overall age of the system.

Payment

Upon payment in full of the invoice or in accordance with agreed upon terms, LightWerks will provide to the customer full and exclusive service of the equipment, under the Terms and Conditions herein described, during the term of this Service Agreement. LightWerks reserves the right to inspect and test the equipment prior to executing the Service Agreement.

Assignment

This Service Agreement may not be assigned by customer without the prior written consent of LightWerks. Any attempt to assign without such consent shall be void.

Subcontracting

To ensure the prompt and efficient performance of its obligations hereunder, LightWerks may subcontract any of the work to be performed by it under this Service Agreement.

Severability

The invalidity or unenforceability of any provision of this Service Agreement shall not affect the validity or enforceability of the other provisions, and these terms and conditions shall be construed in all respects as if such invalid and unenforceable provisions were omitted. LightWerks and Customer agree to substitute for any invalid or unenforceable provision a valid and enforceable provision that most closely approximates the economic effect and intent of the invalid and unenforceable provision.

Limitation of Liability

LightWerks’ sole obligation under this Service Agreement is to maintain the equipment in good working order in accordance with the Terms and Conditions set forth herein. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE MADE. NO EXPRESS OR IMPLIED WARRANTY IS MADE AGAINST FRAUDULENT USES THAT MAY BE MADE OF THE EQUIPMENT. CUSTOMER AGREES THAT LIGHTWERKS SHALL HAVE NO LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF USE OR ANTICIPATED PROFITS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES FOR FAILURE OF THE EQUIPMENT TO OPERATE IN GOOD WORKING ORDER FOLLOWING PERFORMANCE OF SERVICE BY LIGHTWERKS WHETHER IN AN ACTION IN CONTRACT OR IN TORT, EVEN THOUGH LIGHTWERKS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES IN ADVANCE. IN THE EVENT OF SUCH OCCURRENCE, CUSTOMER’S SOLE REMEDY WILL BE THE PROVISION OF ADDITIONAL SERVICE BY LIGHTWERKS SOLELY TO THE EQUIPMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT. IN THE EVENT THAT CUSTOMER MAY BE ENTITLED TO MONETARY DAMAGES UNDER THIS SERVICE AGREEMENT, CUSTOMER HEREBY AGREES THAT THE MAXIMUM RECOVERABLE MONETARY DAMAGES BY CUSTOMER HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF THE SERVICE FEE DESCRIBED IN THE INVOICE.

Law Governing

This Service Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties hereto agree that the choice of venue for any arbitration or court proceeding in determining any controversy or claim arising out of or relating to the Service Agreement shall be Los Angeles County, California.

Entire Agreement

The invoice and these Terms and Conditions contain the entire understanding between and among the parties and supersedes any prior understanding, purchase orders, and agreement among them respecting the subject matter of this Service Agreement.

PRE-PURCHASED SUPPORT HOURS T’s and C’s

• • • SLA:  On-site support will be provided within 7 business days from the time that onsite support is determined to be required for problem resolution.
    • Expiration:  If purchased in support of a specific project, hours expire one year after substantial completion date of purchase, otherwise they expire one year after most recent PPSH purchase date.