Service Policies

Introduction

CIARA (Hypertec) is pleased to provide our customers with Support Services (the “Service(s)”) in accordance with this Service Description (“Service Description”). Your quote, order form or other mutually-agreed upon form of invoice or order acknowledgment (as applicable, the “Order Form”) will include the name of the service(s) and available service options that you purchased. For additional assistance or to request a copy of your service contract(s), contact CIARA Technical Support or your sales representative.
This service description is a contract between you and CIARA. Please take the time to read the following terms and conditions under which CIARA agrees to provide the services.

The Scope of your Service Agreement/Service Eligibility

CIARA provides the following 4 levels of support. The level of service that provided is determined by the service option that you purchased.

The following is a general description of the types of Services provided by CIARA.

Type of serviceGeneral DescriptionResponse TimeWarranty
Return to depotStandard.
Available 5 days a week during business hours.
Return Merchandise Authorization (RMA) is issued within one business day after the request has been received. System will be repaired and sent back within three business days.1 year warranty included.
(2-5 year warranty available for optional purchase)
4-Hour On-SiteOptional.
Available 5 or 7 days/week or 24 hours a day.
Communicate with CIARA Support for availability in your location. Emergency dispatch options in parallel with troubleshooting, are available.
Technician arrives on-site within 4 hours after completion of the telephone based troubleshooting.1-5 year
optional warranty available for
purchase
Next Business Day On-SiteOptional.
Available 5 or 7 days/week or during business hours or 24 hours a day.
Calls received by CIARA after 3:00 PM local customer time (Monday-Friday) and or dispatches made after that time may require additional business day for service technician to arrive at customer’s location.
Following telephone-based troubleshooting, a technician can usually be dispatched to arrive on-site the next business day.1-5 year
optional warranty available for purchase
Advance ExchangeOptional.
Available 5 days/week, business hours. Calls received by CIARA after 3:00 PM local customer time (Monday-Friday) may require additional business day for parts to arrive at customer’s location.
Standard Help Desk Response time is within one (1) hour and the shipping out of the replacement part is provided for the next business day.1-5 year
optional warranty available for purchase

Service Options – In Depth

Standard Support: Return to Depot

When a service request is processed at the Return Depot, a request is made to CIARA’s RMA department to have the system sent back to CIARA or its authorized service providers to be repaired. Customer is not entitled to CIARA Support Center or one of its authorized Service providers to help troubleshoot the hardware.

Additional exclusions from CIARA Standard Support:

  • Accessories, operating supplies, or parts such as batteries, frames, and covers.
  • Preventative maintenance.
  • Installation, de-installation or relocation services.
  • Operating systems, applications and firmware.
  • Direct third party product support.
  • Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than CIARA (or its authorized representatives).
  • Support for equipment damaged by misuse, accident, abuse (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions), modification, unsuitable physical or operating environment, improper maintenance by Customer (or Customer’s agent), moving the CIARA Supported hardware, removal or alteration of equipment or parts identification labels, or failure caused by a product for which CIARA is not responsible.
  • Support for damage resulting from an Act of God (Force Majeure) such as, but not limited to, lightning, flooding, tornados, earthquakes, and hurricanes.
  • Any activities or services not expressly described in this service policy.

Onsite Services

Direct telephone access. Customer is entitled to 24 hours/day, 7 days/week, excluding US and Canadian statutory holidays, to CIARA Support Center or one of its authorized Service providers who help troubleshoot the hardware.

On-Site dispatch. In the event that troubleshooting does not resolve the issue, Customer is entitled to On-Site dispatch of a service technician and/or warranty parts to Customer’s equipment location (as necessary and according to the level of service and warranty purchased) for repairs and resolution due to a defect in materials or workmanship in a supported CIARA hardware.

Advanced Exchange

Direct telephone access. Customer is entitled to 24 hours/day, 7 days/week, excluding US and Canadian statutory holidays, to CIARA Support Center or one of its authorized Service providers who help troubleshoot the hardware.

Parts replacement. The replacement shall be dispatched prior to the receipt of the defective part. Parts replacement is available once a month or upon customer’s request according to the level of service and warranty purchased.

Contacting CIARA for Service

Customers can receive the Service by calling CIARA technical support at https://ciaratech.com/support/ or Call the toll free number 1-855-597-4913 (North America) or +1 514-788-0673 for international calls.

When you contact CIARA for service, where applicable, Customer should have the following information at hand:

  • Case number (if already obtained) and/or serial number, model and model numbers of affected CIARA hardware.
  • Current version of the operating system.
  • Brand names and models of any peripheral devices being used with the affected CIARA hardware.

To receive Services, Customer must confirm that Customer (a) has full access to the hardware and/or software that is the basis of the problem, and (b) has completed a back-up of any software or data that may be impacted by the Supported Product.

General Customer Responsibilities

Authority to Grant Access. Customer represents and warrants that it has obtained permission for both Customer and CIARA to access and use the Supported Products, the data located thereon and all hardware and software components included therein, for the purpose of providing these Services. If Customer does not already have that permission, it is Customer’s responsibility to obtain it, at Customer’s expense, before Customer asks CIARA to perform these Services.

Cooperate with Remote Diagnosis, Phone Technical Agent and On-site Service Technician. Customer will cooperate with and follow the instructions given by CIARA or its agents, including during remote diagnosis or onsite support. Experience shows that most product problems and errors can be corrected remotely as a result of close cooperation between the user and the technician.

Maintain Software and Serviced Releases. Customer will maintain software and Supported Products at CIARA specified minimum release levels. Customer must also ensure installation of remedial replacement parts, patches, software updates or subsequent releases as directed by CIARA in order to keep the Supported Products eligible for this Service.

Data Backup; Removing Confidential Data. Customer will complete a backup of all existing data, software and programs on all affected systems prior to the delivery of this Service. This includes remote support. Customer should make regular backup copies of the data stored on all affected systems as a precaution against possible failures, alterations, or loss of data. In addition, Customer is responsible for removing any confidential, proprietary, or personal information and any removable media such as SIM cards, CDs, DVDs, or PC Cards regardless of whether an onsite technician is also providing assistance.

CIARA WILL HAVE NO LIABILITY FOR: ANY OF YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION; LOST OR CORRUPTED DATA, PROGRAMS OR SOFTWARE; DAMAGED OR LOST REMOVABLE MEDIA; DATA OR VOICE CHARGES INCURRED AS A RESULT OF FAILING TO REMOVE ALL SIM CARDS OR OTHER REMOVABLE MEDIA INSIDE SUPPORTED PRODUCTS THAT ARE RETURNED TO CIARA; THE LOSS OF USE OF A SYSTEM OR NETWORK; AND/OR FOR ANY ACTS OR OMISSIONS, INCLUDING NEGLIGENCE, BY CIARAOR A THIRDPARTY SERVICE PROVIDER.

CIARA will not be responsible for the restoration or reinstallation of any programs or data. When returning a Supported Product or part thereof, Customer will only include the Supported Product or part which has been requested by the phone technician.

Customer understands and agrees that under no circumstances will CIARA be responsible for any loss of software, programs, or data, even if technicians have attempted to assist Customer with their backup, recovery, or similar services. Any such assistance is beyond the scope of any CIARA warranty and this Service description. The assistance is provided in CIARA’s sole discretion and without any guarantee or warranty of any kind. Neither does CIARA provide any guarantee or warranty of any kind with respect to any third party product that a technician may use in assisting Customer.

Important Additional Information

Term. The Service is provided on a per-incident basis only through the diagnosis of the applicable issue. When Service is purchased for Software issues as a multi-incident package for a specific contract term (for example, four incidents per year), unused incidents expire at the end of the contract term. Customer may terminate this Service for a refund at any time prior to the diagnosis of the applicable issue for such incident. CIARA, at its discretion, may terminate this Service with prior notice to Customer.

Claims of Confidentiality or Proprietary Rights. Customer agrees that any information or data disclosed or sent to CIARA, over the telephone, electronically or otherwise, is not confidential or proprietary to Customer.

Not Transferable. The Service is not transferable and is valid for only one user. Customer may not use the Service in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by the Customer. CIARA reserves the right to suspend or terminate the Service if CIARA, in its sole discretion, determines that the Service is being misused, being used by any person other than Customer, or being used in breach of this Agreement.

Payment. Customers must pay prior to receiving the Service.

Out of Scope. The Service does not cover and CIARA is not obligated to provide any services not expressly described in this Service Description. In addition, in the course of providing the Service, CIARA may determine that the issue is beyond the scope of the Service. CIARA may use commercially reasonable efforts to refer Customer to the appropriate alternative resource; however, CIARA will not transfer Customer directly to an alternate resource. Customer acknowledges that CIARA may not be able to diagnose or solve Customer’s particular problem.

No Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIVEN THE NATURE OF THE SERVICE, THESE SERVICES ARE PROVIDED “AS IS” AND CIARA MAKES NO WARRANTIES REGARDING THE SERVICE OR THE RESULTS OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CIARA EXPRESS DISCLAIMS ALL WARRANTIES AS TO THE SERVICES PROVIDED HEREUNDER.

Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CIARA ARISING FROM OR RELATING TO THIS SERVICE DESCRIPTION, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS SERVICE DESCRIPTION, CIARA’S ADVERTISING, OR ANY RELATED PURCHASE SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE PROVINCE OF QUEBEC, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
CIARA SERVICES POLICIES

Limited Liability. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND CIARA’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS SERVICE DESCRIPTION IS A REFUND OF THE AMOUNTS PAID TO CIARA FOR THE SERVICE THAT IS THE BASIS OF THE CLAIM.

Customers acknowledge that Hypertec reserves the right to change or modify any of the terms and conditions set forth in this service policy at any time, and to determine whether and when any such changes apply to both existing and future Customers.