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PLEASE READ THESE SERVICE TERMS & CONDITIONS IF YOU HAVE PURCHASED JUMPSTART OR ANY OTHER LOGITECH SERVICES FROM A RESELLER (“Reseller”), TO BE DELIVERED BY LOGITECH.
BY PURCHASING OR USING THE SERVICE YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN (THE “TERMS”). THESE TERMS ARE AN AGREEMENT BETWEEN YOU (“CUSTOMER”, “YOU”) AND THE LOGITECH ENTITY LISTED BELOW IN SECTION 6 (f) (“LOGITECH”, “WE”).
1. Product Covered. Reference to “Product” in these Terms means the Logitech-branded hardware items, third party hardware items bundled therewith and related Microsoft software, that are sold as new, in a standard configuration at the time of purchase, that includes the Products listed in Schedule A (Product List).
Non-Microsoft software or customized Microsoft software and other items not part of the bundled Product sold by the Reseller to Customer are excluded from the Terms. These Terms are valid for Products purchased in the United States or in any other countries where the Product is locally available for sale through Logitech channel partners (Covered Countries). See Exclusions section below for more details.
2. Scope of Service.
a) Upon Logitech acceptance of a valid request for support and confirmation of JumpStart service eligibility, Customer will be entitled to receive support in English during 90 (ninety) days from the purchase date of the Product in accordance with these Terms. Logitech will use commercially reasonable efforts to:
(i) provide the Customer with access to an online ticketing system to initiate support incidents with Logitech. For greater clarity, Logitech will not provide help desk/service desk tasks to Customer;
(ii) provide the Customer with access to remote technical staff, who will work with Customer to determine an appropriate level for each incident, respond to each incident accordingly and provide incident resolution support and/or a plan of action to gain normal operations of the Product;
(iii) be responsive to the Customer’s service needs Monday through Friday from 09:00 AM to 09:00 PM Eastern Standard Time for North America region, 09:00 to 19:00 Central European Time for Europe Middle East and Africa (EMEA) region, and from 3:30 AM to 07:00 PM India Standard Time for Asia Pacific region, excluding local holidays (“Local Times”). It is the intent of these Terms that Logitech will provide a first contact response within one (1) business day. Logitech does not commit to resolution times as part of the service due to the complex nature and coordination efforts within a conferencing solution deployment.
(iv) Customer may transfer the Terms to anyone who buys the Product during the applicable support period for the concerned service provided that Customer itself is the original purchaser and has notified Logitech in writing of such transfer with all required information (name and contact details of transferee, Logitech confirmation number and/or Product serial number) and that the support period shall not be extended from its original start date.
Logitech may add additional features, make changes to the existing services or offer new types of services to its offering, by adding these to Schedule B as the case may be (List of Services). These Terms shall apply to the new services and to any changes to existing services. The type of service applicable to Customer will be recorded in its purchase order and/or email confirmation.
b) Exclusions. THESE TERMS ARE OF LIMITED DURATION AND COVERAGE and extend only to covered Products located within the Covered Countries as determined by Logitech. All support will be provided remotely. Logitech is not obligated to provide support for:
(i) the bundled computer (such as NUC or Microsoft Surface Pro), nor for hardware devices and/or software even if shipped with the Product or sold by Reseller in bundle with the Product, other than the Logitech branded devices (such as the Smart Dock, the Tap, Conference Cam, cable extenders, Flex). Likewise, Logitech shall not provide support for any incidents with the Product that are caused by such third party devices and software not covered by the service. Logitech will include in the incident analysis issues affecting third party devices sold bundled with the Product (e.g. NUC, Microsoft Surface Pro) and provide Customer with a path to a resolution that will ultimately take place directly with the said third party (e.g. third party RMA process);
(ii) non-Microsoft code, or code that has been customized by Microsoft, which is not included as a part of the master reference architecture (MRA); incidents with software that is not a supported software;
(iii) Microsoft products that are not in the mainstream support phase during the full term of these Terms. See http://support.microsoft.com (or a successor site that Microsoft identifies);
(iv) repair or on-site maintenance of the Products. Should the analysis of the incident reveal a defective item requiring replacement, Logitech will at a minimum provide a path to resolution such as orienting Customer to the applicable RMA process;
(v) incidents with Products that have been modified by someone else than Logitech;
(vi) Products damaged by fire, virus, power surge or other events beyond Logitech’s reasonable control, other than through the negligence or willful misconduct of Logitech, its agents or employees;
(vii) incidents caused by a use of the Product for which it was not intended;
(viii) accident, misuse, or abuse of the Product or any component thereof (such as, without limitation, use of incorrect line voltages, use of incorrect fuses, use of incompatible, defective, or inferior devices, supplies or accessories, failure to follow operating instructions);
(ix) insufficient or defective IT infrastructure, such as but not limited to lack of internet bandwidth or power supply. Logitech will include in the incident analysis potential issues related to IT infrastructure and provide Customer with a path to resolution that will ultimately take place with a third party ;
(x) force majeure such as, but not limited to, lightning, flooding, tornado, hurricanes and earthquakes;
(xi) outside of the Local Times.
c) Limitation of liability. LOGITECH’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SUPPORT PROVIDED HEREUNDER OR, IF NO AMOUNT WAS PAID, TO THE THEN CURRENT MANUFACTURER SUGGESTED RETAIL PRICE FOR THE SERVICE. IN NO EVENT SHALL LOGITECH HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OR CORRUPTION OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS , UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF THE PRODUCT(S), OR THE FAILURE OF THE PRODUCT(S) TO PERFORM, THE USE OF THE SERVICE PROVIDED HEREUNDER OR FOR ANY OTHER REASON.
3. Customer Obligations.
a) Support Personnel. Customer shall designate a representative to be the Customer’s Single Point of Contact (SPOC) acting as first and focal point for all communications with Logitech during the incident management process. The SPOC shall have the authority to act on Customers’ behalf in matters regarding the service. Customer shall ensure that this person has all the necessary signing authority to approve milestones and deliverables. Customer shall notify Logitech of any change in this assignment. The SPOC shall gather all necessary information and details to classify the problem. The SPOC will open a support ticket via the available methods (web) to the dedicated specialists at Logitech support desk. The SPOC is in the Customer’s responsibility or in the responsibility of a third party commissioned by the Customer. In addition, Customer shall assign personnel who have the appropriate business and technical knowledge of the Product, the current environment or tools and the communication skills necessary to participate in the initializing of the services.
b) Information; Collaboration. Customer shall provide information needed by Logitech to complete the service. Such information shall include at a minimum: (i) Customer’s contact information including name, email, phone number, (ii) Product information including Logitech confirmation number and/or serial number of the Product (device or box), (iii) incident description. The information will be provided in accordance with the project timeline agreed upon by both parties. Customer shall timely collaborate with Logitech and may be required to perform incident determination and resolution activities as requested by Logitech. In addition and without limitation, such collaboration also includes (iv) scheduling and confirming the commitment of Customer’s resources; (v) providing, within reasonable means, access to information, data systems, networks, decisions as planned; (vi) adhering to all of the specified hardware, network and software requirements as needed; (vii) maintaining full administration permissions of any and all applicable internal environments; (viii) providing communications, training and support to end users. FAILURE TO COMPLETE CUSTOMER INFORMATION OR COLLABORATION ACTIVITIES THAT ARE REQUIRED FOR THE DELIVERY OF THE JUMPSTART SERVICE ACCORDING TO THE AGREED UPON SCHEDULE MAY RESULT IN DELAYS NOT ATTRIBUTABLE TO LOGITECH.
c) Software Licenses. All software, software services and subsequent releases provided to Customer or required to use the Product shall be subject to the terms and conditions of the license agreements that apply to the underlying software or to amended license terms included with the software releases. Customer is responsible for maintaining such licenses in good standing. It is Customer’s responsibIlity to decide whether to install every software release as they become available. However, Customer acknowledges that Logitech may require Customer to upgrade the software to address certain incidents.
d) Data Backup. Customer is responsible for Customer’s software and data. Customer agrees to implement procedures necessary to safeguard the integrity and security of Customer’s software and data from unauthorized access and to reconstruct lost or altered files.
e) Compliance with Laws; Export Requirements. Customer shall comply with all applicable laws and regulations. Customer acknowledges and agrees that it and Logitech are subject to regulation by US agencies and other governments, which prohibits export of the Products and of technical information to certain countries. Customer warrants that it will not export, either directly or indirectly, any Products and/or technical information without first obtaining any and all government approvals. Failure to comply with the foregoing obligations may result in delay of service or termination of these Terms.
4. Hardware Replacement / RMA. In the event that Logitech identifies a hardware failure affecting a Logitech component, Logitech will, as part of the incident resolution, redirect Consumer to submit a Return Material Authorization (RMA) request with its reseller or if applicable submit an RMA request in Logitech’s RMA ticketing system for further validation. If the failure affects a third party, non Logitech branded component (e.g.Microsoft Surface Pro), Logitech will as part of the proposed resolution plan redirect Consumer to submit an RMA request directly with the said third party. The eligibility for RMA or any warranty claims will be validated by the competent instances and handled separately under the applicable RMA or warranty process. For the avoidance of doubt, the service according to these Terms does not include hardware repair or replacement and does not replace nor supplement any repair or replacement rights the Customers may otherwise have under the applicable Logitech or third party standard limited warranty.
6. General Terms.
a) Term. These Terms and the support shall commence on the purchase date of the Product, continue for and automatically expire 90 (ninety) days thereafter.
b) Claims of Confidentiality or Proprietary Rights. Customer agrees that any information or data disclosed or sent to Logitech, electronically, over the phone or otherwise, is not confidential or proprietary to Customer.
c) Subcontracting to Third Party. Logitech reserves the right to assign or sub-contract these Terms and the service either in whole or in part to a third party designated by Logitech without notice to Customer.
d) Modifications to the Terms. Logitech may change, modify, update, add or remove portions of these Terms at any time. Customer should check these Terms periodically for changes. Customer’s continued use of the services following the posting of any changes will signify acceptance of those changes.
e) Warranty Exclusion. Logitech makes no warranty, either express or implied, but not limited to, any implied warranties of merchantability, fitness for a particular purpose. Logitech expressly disclaims any warranty.
f) Logitech Contracting Entity. These Terms of Service are entered into by: (i) Logitech Inc. if Customer purchased the Product in North America and/or from a reseller established in North America; (ii) by Logitech Europe SA if Customer purchased the Product in EMEA (Europe Middle East Africa) and/or from a reseller established in EMEA, (iii) by Logitech Asia Pacific Ltd if Customer purchased the Product in Asia-Pacific (except Japan and China), (iv) by Logicool Co. Ltd if Customer purchased the Product in Japan, (v) by the applicable Logitech regional entity if Customer purchased the Product in any other regions.
g) Governing Law; Jurisdiction. If Customer is in the U.S.A., these Terms will be exclusively governed by and construed in accordance with the laws of the United States and the State of California, without regard to or application of its choice of law rules or principles. If Customer resides outside the U.S.A., these Terms will be exclusively governed by the laws of Switzerland.
h) Invalidity. If any portion of these Terms is held invalid, the parties agree that such invalidity will not affect the validity of the remaining portions, and the parties shall seek in good faith to agree to substitute for invalid provisions with a valid provision that most closely approximates the economic effect and intent of the invalid provision.
7700 Gateway Blvd.
CA - 94560 Newark, USA
Logitech Europe SA
EPFL - Quartier de l’Innovation
CH - 1015 Lausanne, Switzerland
Logitech revised these Terms on May 10, 2019.
● Logitech SmartDock
● Logitech Tap
LIST OF SERVICES
● Logitech JumpStart ticket based incident resolution management