SERVICE-SPECIFIC TERMS OF SERVICE

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Licensing. Effekt Productions LLC grants the Purchaser a proprietary, non-exclusive, non-transferable license to connect, transmit, and receive on the Effekt Interoperable Radio System (now hereafter referred to as “EIRS”) solely for the Purchasers internal business operations. Access to EIRS is contingent based on the agreed upon terms below found in the sections below. Access to EIRS can be revoked at any time, without notice, should any of the conditions found within this section be violated for a specific user, group of users, or collectively for all users.

Configuration. The Purchaser acknowledges Effekt Productions LLC has configured and enabled the Purchaser’s equipment to connect, transmit, and receive on frequencies. Any transmissions must comply with Title 47 of the Code of Federal Regulations CFR and any other applicable rules and regulations. Effekt Productions LLC configuration shall only be applied to equipment purchased from and maintained by Effekt Productions LLC. Purchaser’s equipment shall not be modified by any Effekt Productions LLC employee under any circumstances.

Accountability. Purchaser accepts complete responsibility for any transmissions made or received. Purchaser agrees to practice, educate, and enforce standard operating procedures for any users found in the “Consumer Guide” set forth by the FCC on all EIRS systems and channels.

FCC Regulations. Purchaser acknowledges any communication transmitted on EIRS is subject to Federal Communications Commission (FCC) Title 47 of the Code of Federal Regulations (CFR) and any other applicable rules and regulations. All communications are to be conducted in a professional manor. Federal law prohibits obscene, indecent, and profane broadcasts. Should the FCC detect misuse of any form and impose any corrective action due to misuse by the Purchaser or any authorized users by the Purchaser, leading up to, but not limited to revocation or termination of Preexisting Materials or licensing, it is the responsibility of the Purchaser to accept full legal and financial responsibility for any fines and costs associated with the restoration of the Preexisting materials or licensing. In the condition where restoration is not possible, the Purchaser will be fully responsible for any and all charges deemed necessary by Effekt Productions LLC to recuperate loss and inability to use Preexisting materials associated with the affected license.   

Device Inhibit. Effekt Productions LLC reserves the right to, without notice, inhibit, disable, either temporarily or permanently, any radio or device whose transmissions or user does not follow the “Consumer Guide” set forth by the FCC, or any rules and regulations as defined in Title 47 of the Code of Federal Regulations CFR. Effekt Productions LLC reserves the right to assess and determine when and if the user shall be allowed to transmit. 

Proprietary Configuration. To protect and maintain confidentiality, equipment which has been enabled for access to the EIRS is password protected and/or secured to prevent unauthorized access to view or modify configuration or settings. This includes, but is not limited to, configuration files, administrative/system level access to core system routers, core system switchers, wired and wireless point-to-point infrastructure, portable radio configuration and/or settings, mobile radio configuration and/or settings, repeater configuration and/or settings, and any configurations/system settings that exist on any device that can be changed by the operator to alter its intended use or functionality for the use of communication or to interconnect any physical or virtual device.

Ownership. Effekt Productions LLC is the sole and exclusive owner of the configuration applied to all devices. Purchaser is not authorized to sell or trade any device which has not been reset to factory defaults or contains proprietary marking and/or any asset tags. Purchaser is not authorized to view the configuration of any device. Device configuration, authentication keys, system keys, encryption keys, Repeater Access Codes, and any code which appears as part of a configuration is highly confidential and is not for sale. Any knowledge of compromised data should be turned over to Effekt Productions LLC immediately.

Audio Recording. Purchaser consents to the recording, storing, and archive of all voice and data transmissions made by the Purchaser and any users. Effekt Productions LLC stores all data in a secure and redundant AES-256 bit encrypted network attached storage device. All voice and data transmissions are stored for a period of one year from the date of recording. Any data older than one year is permanently deleted and unrecoverable.

Attorney Fees. In the event that any action is instituted by Indemnitee under this Agreement to enforce or interpret any of the terms hereof, Indemnitee shall be entitled to be paid all court costs and expenses, including reasonable attorneys’ fees, incurred by Indemnitee with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by Indemnitee as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Company under this Agreement or to enforce or interpret any of the terms of this Agreement, Indemnitee shall be entitled to be paid all court costs and expenses, including attorneys’ fees, incurred by Indemnitee in defense of such action (including with respect to Indemnitee’s counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of Indemnitee’s material defenses to such action were made in bad faith or were frivolous. 

Licensing. Effekt Productions LLC grants the Purchaser a proprietary, non-modifiable, non-copyable, non-exclusive, non-transferable license for TRBOnet Enterprise to the agreed upon configuration as designed under EIRS contract for the limited use of Effekt Interoperable Radio System (EIRS) equipment, configuration/programming, software and system documentation during the period and within the city/township of the of the event as marked on the purchase order solely for the Purchasers internal business operations. Unless otherwise indicated within a Purchase Order that the Purchaser is the licensed owner, access to TRBOnet Enterprise shall only be made available to the purchaser for a limited term use as defined in the Purchase Order or when permitted by Effekt Productions LLC under SaaS, a licensing model in which software is licensed on a subscription basis and is centrally hosted. SaaS is also known as “on-demand software and Web-based /Web-hosted software”.

Proprietary Configuration. To protect and maintain confidentiality, equipment which has been enabled for access to the EIRS is password protected and/or secured to prevent unauthorized access to view or modify configuration or settings. This includes, but is not limited to, configuration files, administrative/system level access to core system routers, core system switchers, wired and wireless point-to-point infrastructure, portable radio configuration and/or settings, mobile radio configuration and/or settings, repeater configuration and/or settings, and any configurations/system settings that exist on any device that can be changed by the operator to alter its intended use or functionality for the use of communication or to interconnect any physical or virtual device.

EIRS Configuration. The Purchaser acknowledges Effekt Productions LLC has configured and enabled the Purchaser’s equipment, to connect, transmit, and receive on frequencies which are Federally licensed to and allocated for EIRS to Effekt Productions LLC by the Federal Communications Commission. Any transmissions must comply with Title 47 of the Code of Federal Regulations CFR and any other applicable rules and regulations. Any software licensed to Effekt Productions LLC shall only be installed or configured on Effekt Productions LLC owned equipment. Purchaser’s personal equipment shall not be modified by any Effekt Productions LLC employee under any circumstances.

Audio Recording. Purchaser consents to the recording, storing, and archive of all voice and data transmissions made by the Purchaser and any users. Effekt Productions LLC stores all data in a secure and redundant AES-256 bit encrypted network attached storage device. All voice and data transmissions are stored for a period of one year from the date of recording. Any data older than one year is permanently deleted and unrecoverable.

Hardware Ownership. Effekt Productions LLC is the sole and proprietary owner of any computer, device and Swift IP Agent and configuration used to access, control, and communicate with TRBOnet Enterprise. Any equipment distributed to the Purchaser shall be under a limited lease based on the term set forth in the Purchase Order and shall not be discarded, sold, or traded. Purchaser is not authorized to view the configuration of any device. Device configuration, authentication keys, system keys, encryption keys, Repeater Access Codes, and any code which appears as part of a configuration is proprietary to Effekt Productions LLC and shall be considered highly confidential and not for sale or distribution. Any knowledge of compromised data should be turned over to Effekt Productions LLC immediately. Unless otherwise stated within a Purchase Order that the Purchaser is the owner of any hardware such as but not limited to computers, monitors, speakers, microphones, external peripherals or Swift IP Agents, any hardware which is used by the Purchaser, or approve users by the Purchaser shall be provided under a limited use, Desktop as a Service (DaaS) based model. DaaS is a licensing model in which hardware/desktop computers is licensed on a limited use basis for the duration of an event as agreed upon on the Purchase Order.

Device Inhibit. Effekt Productions LLC reserves the right to, without notice, inhibit, disable, either temporarily or permanently, any radio or device whose transmissions or user does not follow the “Consumer Guide” set forth by the FCC, or any rules and regulations as defined in Title 47 of the Code of Federal Regulations CFR. Effekt Productions LLC reserves the right to assess and determine when and if the user shall be allowed to transmit.

Capability. Functional capacity, design implementation and usage are restricted to the provisions found in the TRBOnet Enterprise Product Guide. Requests to alter TRBOnet Enterprise, its hardware, or any external peripherals and their settings/configuration from the original design will be rejected as any variant is considered an operational and safety risk and unsupported. 

Administrative Rights. Administrative capabilities to TRBOnet Dispatch, TRBOnet Server, and any computers/systems leased by Effekt Productions are restricted to Effekt Productions system administrators and shall not be shared with the Purchaser, or any user in any capacity.

Non-Payment/Payment. Purchaser agrees to adhere to the payment schedule. Unpaid invoices of 7 days past due will auto apply a late fee of 5% of the total amount owed. Each month thereafter, an additional 5% of the total due will be auto applied. Unpaid invoices which are 3 months or more past due will be forwarded to a collection's agency. For any events which have not occurred and where any payment is late, past due, or not paid to 50% of the total even cost, Effekt Productions LLC reserves the right to cancel the Purchase Order at anytime without notification.

Reservation. To standardize our on-site services, we are implementing reservation-based scheduling for all on-site event services to guarantee availability. Reservation-based scheduling ensures your event date is secured and enables us to prepare in advance to ensure your requests are met. Securing any reservation will require a non-refundable 50% up front deposit of the full event fee. This will allow us to perform required tasks which are resource and time intensive such as event safety planning, procuring required resources, device configuration changes and infrastructure testing.

Communication Requirements. When operating at the site of an event and engaged in On-Site Command Services, all communication requiring the response of emergency, or non-emergency public safety mission-critical resources shall be communicated by the Incident Commander only. By maintaining a standard of communication, the IC can ensure the correct information is provided to emergency services, is aware of all incidents and potential cross-impact, and the correct resources are dispatched. To achieve this, Effekt Productions will equip a public safety communicator, commonly located in the police department of the municipality where the event is being held, with a two-way encrypted radio. This radio will only receive transmissions from the IC to the public safety communicator, and from the Public Safety Communicator to the IC. No voice or data originating from other radios or devices shall be configured. No other source of communication shall be used for the IC to contact the public safety communicator. By strictly adhering to this protocol, this ensures and communications with mission-critical resources are recorded, date and time of data and voice traffic is time captured. On-Site Command services will not be provided in any capacity where the above communication requirements have not been established or are not permitted by the Purchaser. Providing services at this level without the above communication requirements is an operational risk, public safety risk and counterproductive.

Process and Procedures. The IC process, procedures, responsibilities, and methodologies are derived from, and in most conditions custom tailored to events based on decades of field experience of public safety professionals and process found within the National Law Enforcement and Corrections Technology Center (NLECTC) - Understanding Wireless Communications In Public Safety and Event Safety Alliance - The Event Safety Guide, FEMA National Incident Management System (NIMS) and FEMA Incident Command System (ICS) certification.

Reservations. In an effort to standardize our on-site services, reservation-based scheduling for all on-site event services will be required to guarantee availability. Reservation-based scheduling ensures your event date is secured and enables us to prepare in advance to ensure your requests are met.

Deposit. Securing any reservation will require a 50% up front deposit of the full event fee. This will allow us to perform required tasks which are resource and time intensive such as event safety planning, procuring required resources, device configuration changes and infrastructure testing. All deposits are non-refundable.

Non-Payment/Payment. Purchaser agrees to adhere to the payment schedule. Unpaid invoices of 7 days past due will auto apply a late fee of 5% of the total amount owed. Each month thereafter, an additional 5% of the total due will be auto applied. Unpaid invoices which are 3 months or more past due will be forwarded to a collection's agency. For any events which have not occurred and where any payment is late, past due, or not paid to 50% of the total even cost, Effekt Productions LLC reserves the right to cancel the Purchase Order at anytime without notification.

Incident Command (IC). 

Core responsibilities of the Incident Commander (Command) 

Pre-Production (Pre-Event):

• Review safety plans
• Perform event site walk-through
• Meet with local municipal mission-critical resources and review emergency action plans and discuss concerns
• Evaluate ingress and egress points, emergency routes, first aid triage areas, ambulance staging locations
• Perform hazard/risk assessment for impact, penetration, compression (rollover), chemical, heat/cold, harmful dust, Light (optical) radiation and biologic threats
• Evaluate electrical power
• Evaluate command post location (upwind, uphill, upstream) 

Production (During Event):

• Have clear authority and knowing agency policy
• Ensure incident safety
• Establish and communicate location of Incident Command Post
• Setting priorities, and determine incident objectives and strategies to be followed
• Establishing the ICS organization needed to manage the incident • Approving the Incident Action Plan
• Coordinating Command and General Staff activities
• Approving resource requests and use of volunteers and auxiliary personnel
• Authorizing information release to the media
• Ordering demobilization as needed
• Engage safety plans when applicable
• Engage and coordinate mission-critical public safety resources, response, on scene operation and event debrief
• Co-communicate between established divisions 
• Act as the liaison between the public safety dispatcher (communicator located within the police department of which the municipality the event is taking place that coordinates mission-critical resources, such as but not limited to police, fire, ambulance, paramedic, and municipal/county or statewide services response) and requests, coordinates and manages on-scene operations
• Monitor weather and enacts weather safety plans as required 

Post-Production (Post-event):

• Participates in debrief with event teams and addresses potential areas of process improvement 

Core responsibilities of the Event Dispatcher (Control)

Production (During Event):

• Lead event communication operations of all teams
• Coordinate and maintain accountability against required event operations and timelines are met
• Ensure formalized standard operating procedures are followed
• Provide correct and imperative details to the public safety dispatcher are provided, required resources are requested, proper emergency routes are used
• Engage resources to minimize spectator crowd gathering
• Monitors weather and enacts weather safety plans as required