CLICK Device User Lending Terms of Service

This Connecting Lives Through Internet & Community Knowledge (CLICK) Device User Lending Terms of Service Agreement is made between the Northwest Wisconsin Workforce Investment Board referred to as the "Lender," and the Device User hereinafter referred to as the "User," for the lending of computer equipment, hereinafter referred to as the "Equipment."

1.      Agreement to Terms: By accepting, accessing, or using the Equipment, the User agrees to be bound by this Agreement. If the User does not agree to the terms, they should not use the Equipment and should return it immediately to the Lender. That is in accordance with the CLICK program eligibly and funding grant sources, Coronavirus Capital Projects Fund and the American Rescue Plan Act. In pursuant with the agreement the Public Service Commission of Wisconsin's Digital Connectivity & Navigators Grant Program.

 

2.      Digital Navigation Services: The types of digital literacy programming available through CLICK includes, but not limited to:

·        Basic Device Usage: Introductory courses focusing on the fundamental operation of devices (tablets, laptops, etc.). These sessions cover essential skills such as setting up the device, navigating the operating system, managing settings, and connecting to Wi-Fi.

·        Internet Navigation and Safety: Trainings emphasize safe browsing, creating secure passwords, and recognizing online threats like phishing and scams. Guidance is also provided on accessing reliable online resources.

·        Healthcare Technology Navigation: Dedicated support for those needing assistance with healthcare apps and websites. This includes navigating telehealth platforms, patient portals, and other tools essential for managing personal healthcare.

·        Workforce and Job Search Tools: Specific sessions focused on accessing job search platforms, creating digital resumes, and utilizing online job application systems. Guidance is also provided on professional networking and workforce development platforms.

·        Software Training: Workshops on using common productivity software such as Microsoft Office, Google Workspace, and cloud-based tools to support workforce readiness and personal productivity.

·        One-on-One Technical Assistance: Staff is available for personalized support, helping users troubleshoot technical issues or provide deeper assistance for specific tasks.

·        Help Desk Services: NWIB established a help desk available via phone, email, and in-person to assist users with troubleshooting and device-related questions.

If the level of assistance is too great for Digital Navigators to provide, referrals may be made to other programs and organizations to provide assistance.

3. Equipment Details

The Equipment being loaned under this Agreement includes, but not limited to, the following Make and Model numbers:

·        Acer Chromebook: C731, C740, and C738T

·        Apple: iPad (10^th Generation) Wi-Fi

·        HP: EliteBook 840 G5, EliteBook 840 G6, EliteBook 850 G5, EliteBook 850 G6, ProBook 640 G5s

·        Lenovo: T480, T480s, T490, T490s, T580, T590

Note: Makes and Models may change upon availability. Not all makes and models may be available in your service area.

     4. Ownership

The Equipment remains the property of the Lender. The User is granted a limited, non-transferable, non-exclusive license to use the Equipment under the terms of this Agreement that is in accordance with the CLICK program and the grant funding sources, including the Coronavirus Capital Projects Fund and the American Rescue Plan Act and Bayfield County. In pursuant with the agreement the Public Service Commission of Wisconsin and Bayfield County.[MK1] 

5. Purpose of Use

The Equipment is loaned solely for educational or personal use. Any other use of the Equipment, including commercial use, is prohibited unless expressly permitted by the Lender.

6. User Responsibilities

·        Care and Maintenance: The User agrees to use the Equipment responsibly and maintain it in good working condition. The User may be subject to any repair or replacement costs for any damage, loss, or misuse.

·        Prohibited Actions: The User agrees not to alter, modify, or install unauthorized software on the Equipment without written permission from the Lender.

·        Security: The User must secure the Equipment against theft or unauthorized access. Only the User checking out the device is permitted to use it.

·        Legal Compliance: The User is strictly prohibited from engaging in any illegal activities using the Equipment, including but not limited to activities that violate federal, state, or local laws or regulations. Any illegal use of the Equipment will result in immediate termination of this Agreement and may result in further legal action.

·        Parental Responsibility: Public computer and Internet resources are available to all users. When children under the age of eighteen use these computers, parents or guardians are responsible for overseeing their use of the equipment and any Internet content accessed. Filtering may create a false sense of security; therefore, parents are encouraged to supervise their children’s sessions and are accountable for their children’s use or misuse of these resources.

·        Access to the Internet: The Internet is a global network providing information from computer sources all over the world. These sources may contain material that is controversial, indecent, illegal, defamatory, inappropriate or inaccurate. The CLICK program has no control over information, content, or views expressed over the Internet and disclaims any liability or responsibility for the access to, or use of, information obtained through its information systems or consequences arising through the use thereof.

·        Device Return and Inspection: All devices returned to the Lender will undergo an inspection to ensure that they are functioning properly and that no damage has occurred during the period of use. The User acknowledges that any issues identified during the inspection may result in any repair or replacement costs.

     7. Software and Data

·        The Equipment may include software that is licensed to the Lender and is not the property of the User. The User agrees not to copy, alter, or redistribute any software on the Equipment.

·        The Lender is not responsible for any personal data stored on the Equipment. The User is encouraged to back up any personal files before returning the Equipment.

·        Microsoft Office 2019 will be installed on each device and will be available for offline use, including Word, Excel and PowerPoint. [MK2] 

 8. Privacy and Data Security

·        The User is responsible for keeping any personal information entered on the equipment confidential. The Lender does not guarantee the security or privacy of data on the Equipment. All data stored will be deleted upon reboot or may be lost when the laptop is reimaged. The Lender will not store, share, or view any personal information from the device.

9. Limitations of Liability

• The Lender shall not be liable for any damage, data loss, or privacy breaches resulting from the User's use of the loaned computer. This includes, but is not limited to, any software or hardware malfunctions, security vulnerabilities, or unintended disclosures of personal data.
• The User agrees to indemnify and hold the Lender harmless from any claims, damages, or liabilities arising from unauthorized use, misuse, or negligent handling of the computer.
• The Lender’s liability is strictly limited to the extent permitted by law and does not cover any indirect, incidental, or consequential damages, including loss of data, productivity, or business disruptions that may arise during or after the period of use.

10. Lost, Damaged, and Non-Returned Items Overview

An item is considered damaged when:

·        The borrower informs the CLICK program staff that the item is damaged

·        Water damage and/or mold is present

·        Biohazard contamination (blood, urine, feces, vomit, etc.) is present

·        Unmitigable smell (such as cat urine, cigarettes, skunk spray, mildew, etc.) is present

·        Item is missing parts or parts are damaged

·        Any other damage is present that causes the item to be too fragile or hazardous to circulate

·        Returned device is not functional

·        An item is considered non-returned when it is 5 days past due

 

   11. Item Damage and Borrowing Privileges

·        Damage Assessment: The Lender reserves the right to inspect all items upon their return. Any damage beyond normal wear and tear will be assessed by authorized personnel. Normal wear and tear is defined as minor cosmetic changes that occur with proper, intended use of the item.

·        User Responsibility: By borrowing any item, the User accepts full responsibility for its care and proper use during the lending period. Users must report any damage that occurs during their possession of the item immediately to CLICK staff.

·        Consequences of Item Damage: If an item is returned with damage beyond normal wear and tear, the following may apply:

·        Immediate suspension of borrowing privileges for a period determined by CLICK staff and NWWIB Chief Operating Officer.

·        Permanent revocation of borrowing privileges in cases of severe or repeated incidents

·        Financial responsibility for repair or replacement costs

·        Restriction from borrowing high-value or specialized items

·        Appeals Process: Users may appeal decisions regarding damage assessment and privilege suspension by submitting a written request to the NWWIB Chief Operating Officer within 14 days of notification. Appeals will be reviewed by the NWWIB Chief Operating Officer and decisions will be communicated within 14 business days.

·        Reinstatement: Users whose privileges have been suspended may apply for reinstatement after 30 days by demonstrating understanding of proper item care and handling procedures. Reinstatement is at the sole discretion of NWWIB.

    12. Return of Equipment

The User agrees to return Equipment to the Lender by the date and time specified at the time of borrowing. The return date may vary on circumstance, situation (i.e. an individual/student loaning for a semester), or personal use. The device is expected to be returned in the same condition it was received with normal wear and tear expected. CLICK staff will verify the device and any peripherals (i.e. charger bag, mouse, etc.) as applicable that were loaned to the User.

  13. Termination

The Lender reserves the right to terminate this Agreement and request the immediate return of the Equipment if the User breaches any term of this Agreement. Additionally, the Lender reserves the right to refuse service or terminate this Agreement at their sole discretion if the User engages in conduct deemed inappropriate, harmful, or inconsistent with the terms and conditions set forth in this Agreement.

 14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

 15. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Equipment. Any amendments or modifications to this Agreement must be in writing and signed by both parties.