10net™ Managed Solutions – Policies

Capitalized terms used but not defined herein shall have the meanings given to them in 10net’s General Terms and Conditions.

Last update May 2019

Hardware Warranty Assistance Policy

10net will provide hardware warranty assistance services in accordance with the hardware manufacturer warranty. 10net will require the following information at the time of warranty claim:

  • Hardware model number
  • Hardware serial number
  • Customer Invoice number
  • PC or media appliance display is connected to (or video interface)
  • Description of malfunction

10net will work with the manufacturer on approving the warranty request. If a replacement is needed after the troubleshooting phase of call, the full address to which the replacement monitor should be delivered is also required.

10net will cover all ground shipping costs for any defects within the first 30 days of Customer’s hardware warranty assistance service. Following this, please refer to your Order Document for details on coverage of warranty replacement shipping costs.

If you require warranty service, please contact solutions@10net.net


Software Warranty Assistance Policy

10net will provide warranty assistance services in accordance with the software manufacturer warranty.

If you require software warranty assistance service, please contact solutions@10net.net


Software Maintenance Policy

10net agrees to provide maintenance support provided Customer’s maintenance fees are up to date for each product in which maintenance is required. Maintenance will be provided for a period of one year, unless otherwise agreed as part of the ordering document, from the date of purchase of the product and with renewals annually from the expiry of the initial support and maintenance term. Maintenance will not be performed when maintenance fees are greater than 60 days overdue. Any maintenance fees greater than 90 days past due will result in the cancellation of Customer’s maintenance support. Failure to renew annual maintenance may result in Customer having to purchase a new license in order to receive future versions of software and associated ongoing support and maintenance.

10net will supply any improvements and software updates that are generally available. Any such improvements or modifications shall become part of the product and supported by 10net.

10net will not provide advance notification to Customers for software maintenance unless there is an expected disruption in service during Customer’s normal business hours.

Customer agrees that software maintenance is necessary and some manufacturers will not support older software environments. Maintenance support to be provided by 10net is limited to the most current version of the product and the immediately preceding version. 10net may choose to delay software maintenance service for any reason. Software maintenance will not be unreasonably withheld from the Customer’s network.

Exclusions from the software maintenance support may include:

  • Improper use of the software, including failure to operate the product as the manufacturer intended
  • Any modifications or attempted modifications by Customer not approved by the software manufacturer

Any cancellation of maintenance services requires notice to be given by Customer 30 days prior to expiration of the maintenance support contract.


10net Labor Warranty

10net warrants all labor performed by 10net or its contractors for 30days. Customer must notify 10net in writing by contacting Technical Support within 30 days after labor activity by contacting solutions@10net.net



Content Management Systems Policy

Management of CMS

Network management activities employed by 10net include proactively monitoring players and other devices. Specific Services are outlined in the customer’s Service Level Agreement (SLA).

Capitalized terms used but not defined herein shall have the meanings given to them in 10net’s General Terms and Conditions.

Uptime

The CMS will be available for the minimum established in their SLA. This will be no less than a minimum of 99% of the percentage of online availability. The percentage of online availability will be calculated on a monthly basis, excluding any outages set forth in the “Unscheduled Outages” and “Other Outages” sections below, and will be a reflection of the availability of the CMS over the total number of CMS hours for the month.

Backups

Backups are taken daily. 10net keeps copies of the last three backups taken.

Unscheduled Outages

System failure – in the event of a system failure 10net will work to restore or rebuild the server as quickly as reasonable. Targets for server rebuild is within 24 hours of failure notification.

Other Outages

Interruptions to the Service or outages arising directly or indirectly from:

  • Interruptions to the flow of data to or from the CMS and other portions of the internet
  • Changes to the CMS including the implementation of any necessary upgrades and operating system patches and other housekeeping tasks which need to be made. 10net will provide Customer notice 48 hours prior to change via email
  • Effects of the failure or interruption of services provided by third parties who are not 10net agents
  • Factors outside of 10net’s reasonable control
  • Any actions or omissions of Customer including, without limitation, breach of Customer obligations set out in the Agreement or any third parties who are not 10net agents
  • Customer’s and/or third party equipment

Server Operating System Patches and Upgrades

Server operating system patches and upgrades will only be applied to the server, should they be required to ensure continued support by the operating system vendor.

CMS Application Upgrades

CMS upgrades will only be applied to the server, should they be required to ensure continued support by the Hosted Application supplier or manufacturer.

Temporary Suspension

We may suspend your or any CMS User’s right to access or use any portion or all of the Services immediately upon notice to you if we determine:

Customer’s use of the CMS (i) poses a security risk to the CMS or any third party, (ii) could adversely impact our systems, the CMS or the systems or content of any other 10net customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;

If we suspend your right to access or use any portion or all of the CMS:

(a) you remain responsible for all fees and charges you incur during the period of suspension; and

(b) you will not be entitled to any service credits under the SLA for any period of suspension.

Data Consumption Restrictions

The Service is for commercial use only in a small, medium, or large business. 10net reserves the right to suspend or terminate CMS accounts where data consumption is not characteristic of a typical commercial user as determined by 10net in its sole discretion, or where it exceeds published data consumption limitations.

In addition, your business must ensure that its use of the CMS does not limit or interfere with 10net’s ability to deliver and monitor the CMS or any part of its network.


Technical Support Policy

10net provides various levels of support depending on the Customer’s Service Level Agreement (SLA). Standard SLAs can be found on our Service Level Agreement page. This schedule defines the specific technical support services that 10net will provide.

Capitalized terms used but not defined herein shall have the meanings given to them in 10net’s General Terms and Conditions.

Contact Technical Support

There are 3 ways to contact 10net technical support:

Standard hours of availability: Monday – Friday 9 AM – 5 PM (PST) excluding local holidays. Upgraded support time available through a separately agreed SLA. Customers not on a current SLA may incur additional charges at the time of support.

Authorized Support Contact

All 10net customers have one or more authorized support contacts on file with 10net. Support could be delayed if an unauthorized contact reaches out to 10net. If you need to change or update your authorized contact(s) please email solutions@10net.net.

Onsite Technical Support

All technical support services are remote unless stated otherwise. On site technical support is available. Please contact Support for assistance in an onsite quotation and lead time.

Status

10net uses a priority ranking system for all support requests. There is no priority assigned based on how a customer contacts 10net – phone, email or portal. Priority is assigned based on SLA and severity of issue.

Urgency – Low “Hardware refresh request i.e., tidying cables, general maintenance.”
Urgency – Medium “Hardware offline for 48 hours or more. Content is still playing locally.”
Urgency – High “Hardware failure. Screen /is black. Replacement or repair required.”
Impact – Low “Minor fault on one screen at one location i.e., slight screen discolouration.“ ”
Impact – Medium “Fault impacts all signage at a single location.”
Impact – High “Multiple locations affecting the day to day business i.e., Digital Menu Boards showing no content at all nationwide.”
       
  High Urgency Medium Urgency Low Urgency
High Impact Urgent – P1 High – P2 Medium – P3
Medium Impact High – P2 Medium – P3 Low – P4
Low Impact Medium – P3 Low – P4 Low – P4

 

Standard SLA

16 Hours/2 Days)

Respond Within Resolved Within
Priority 1 – Urgent 1 Hours 3 Hour
Priority 2 – High 2 Hour 5 Hours
Priority 3 – Medium 5 Hour 8 Hours (1 Day)
Priority 4 – Low 8 Hour 27 Hours (3 Days)

*if office hours are 9 to 5, each day is 8 hours

*if office hours are 9 to 5, 5 days is 40 hours

*if office hours are 9 to 5, 1 month is 173 hours (8 hours * 5 days * 52 weeks / 12 months)

In each case, 10net will assign the appropriate level of priority and an appropriate support personnel for the incident.

Remote Monitoring & Support

Operations monitoring, remote troubleshooting & problem resolution are provided on a yearly basis for:

  • Displays
  • Media Players
  • Software
  • Content Management portal and services

Displays are polled every 5 minutes. Media Players, Software, and Content Management portals are monitored every minute. Deviations from normal operation are automatically logged and reported to our support team. Corrective action is taken to conform within 10net’s SLA.

Remote monitoring capabilities of the display, the player, and the remote power control device. This includes the ability of each device to:

    1. Interact with each other (manually and automatically) and trigger actions.
    2. Be centrally managed by a server (or the Cloud) and by the 10net support team.
    3. To log a history or event within itself or in a server.
    4. Have alerts submitted to the 10net support team based on or the absence of events.

10net will provide the following services on a monthly basis:

  1. Virtual Hosted Content Manager Server located in a secured data facility.
  2. 9am-5pm (PST) phone/email/remote support with 8 business hour response time.
  3. Coordination of field service/equipment replacement (if required).
  4. On Site Field Support will be charged at prevailing rates plus materials & shipping costs, unless specifically included in clients SLA.
  5. Ongoing software maintenance and updates.
  6. Automated system & device monitoring & alerting available 24 hours per day, 7 days per week.

Workflow and response times

  • Upon phone or email notification of a system/component failure, a trouble ticket will be initiated within 10net’s trouble ticket management system.
  • 10net will attempt to contact and remotely troubleshoot the affected location within 8 business hours. Business hours being 9am – 5pm (PST).
  • If 10net is unable to remotely resolve the issue, ticket will be escalated to field service.
  • 10net will confirm details with location and will proceed with scheduling a field service representative.
  • Upon confirming all details and equipment arrival times (if required), 10net will schedule technician(s) as needed on a best effort basis (this is dependent on the arrival of replacement equipment).


Creative Services policy

Specific information on a customer’s project, including project scope, deliverables, timeframe and responsibilities of all parties involved can be found in the statement of work provided before work begins

Fees and charges

  • Fees. In consideration of the Services to be performed by 10net, the Client shall pay to 10net compensation in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
  • Expenses. Client shall pay 10net’s expenses incurred in connection with this Agreement as follows: (a) incidental and out- of-pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis and, if applicable, any (b) travel expenses including transportation, meals, and lodging, incurred by 10net with Client’s prior approval.
  • Additional Costs. The Project pricing includes 10net’s fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be invoiced to Client unless specifically otherwise provided for in the Proposal.

Changes

  • General Changes. Unless otherwise provided in the Proposal, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. 10net may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.
  • Substantive Changes. If Client requests or instructs Changes that amount to a revision in or near excess of fifteen percent (15%) of the time required to produce the Deliverables, and or the value or scope of the Services, 10net shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by 10net.
  • Timing. 10net will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to 10net. 10net shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that 10net ’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or 10net ’s obligations under this Agreement.
  • Testing and Acceptance. 10net will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client shall notify 10net, within three (3) business days of receipt of each Deliverable, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and 10net will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.

Client Responsibilities

Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

(a) coordination of any decision-making with parties other than 10net;

(b) provision of Client Content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided in the Proposal; and

(c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

Customers agree any content provided by client or requested must comply with 10net’s Acceptable Use Policy.

Confidential Information

Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality. (Please refer to 10net’s General Terms and Conditions Section 10 ‘Confidential Information’

Warranties and Representations

By Client. Client hereby represents, warrants and covenants to 10net that:

  1. Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content;
  2. to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties;
  3. Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials; and
  4. Client shall comply with all laws and regulations as they relate to the Services and Deliverables.

By 10net. 10net hereby represents, warrants and covenants to Client that:

  1. The Services shall be rendered by 10net in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services;
  2. except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of either 10net, and/or its independent contractors;
  3. in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by 10net, 10net shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for 10net to grant intellectual property rights provided in this Agreement; and
  4. to the best of 10net ’s knowledge, the Final Art provided by 10net and 10net ’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties.

10net retains the right to reproduce, publish, and display the deliverables for our use in portfolios and websites, and in galleries, design periodicals, and other media or exhibits for the sole purpose of recognition of creative excellence. If there are concerns with 10net’s usage please contact solutions@10net.net



Acceptable Use Policy

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the services offered by 10net. The examples described in this Policy are not exhaustive. 10net may modify this Policy at any time by posting a revised version on the 10net website. By using the Services you agree to the latest version of this Policy.

If you violate the Policy or authorize or help others to do so, 10net may suspend or terminate your use of the Services. In these cases, termination or other charges may apply. If your business does not agree to comply with this Policy, it must immediately stop all use of the Service and notify 10net so that it can close your account.

Capitalized terms used but not defined herein shall have the meanings given to them in 10net’s General Terms and Conditions.

Content standards

10net will determine, in our discretion, whether any content you provide (“Content”) breaches the Content standards.

Content must:

  • Be accurate when stating facts or genuinely held when stating opinion.
  • Comply with applicable laws in the appropriate jurisdiction(s).

Content must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trademark, publicity, or any other right of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Content emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.
  • Include the upload, store or processing of any Special Categories of Personal Data (as defined by Article 9 of the General Data Protection Regulation).

No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).

Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

Breach of this policy

When 10net considers that a breach of this Policy has occurred, 10net may take such action as we deem appropriate.

10net Monitoring and Enforcement

10net reserves the right, but do not assume the obligation, to investigate any violation of this Policy. 10net may:

  • investigate violations of this Policy or misuse of the Services; or
  • remove, disable access to, or modify any content or resource that violates this Policy or any other agreement 10net has with you for use of the Services.

Failure to comply with this Policy constitutes a material breach of the General Terms and Conditions.

10net excludes our liability for all action 10net may take in response to breaches of this Policy. The actions 10net may take are not limited to those described in the General Terms and Conditions and 10net may take any other action 10net reasonably deems appropriate.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify 10net and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact solutions@10net.net

Last updated: May 13, 2019