Terms and Conditions
Introduction
These Terms and Conditions govern your use of the Encompass Lighting LLC website, products, services, monthly service plans, subscriptions, communications, and any other services provided by Encompass Lighting LLC (“Encompass Lighting,” “we,” “us,” or “our”).
By accessing our website, purchasing products or services, enrolling in a service plan, submitting payment, or otherwise using our services, you agree to these Terms and Conditions.
If you enter into a separate written estimate, proposal, installation agreement, service agreement, financing agreement, or other transaction-specific agreement with Encompass Lighting, the terms of that specific agreement will also apply. If there is a direct conflict, the transaction-specific agreement will control for that specific transaction.
SERVICE PROVIDER
Our website and services are operated by:
Encompass Lighting LLC
5725 S Valley View Blvd, Suite 5
Las Vegas, Nevada 89118
Email: info@encompasslighting.io
ELIGIBILITY
Our services are intended only for individuals who are at least eighteen (18) years of age and legally capable of entering into a binding agreement.
By accessing our website, purchasing services, or enrolling in a service plan, you represent that you are at least eighteen (18) years old and have the legal authority and capacity to enter into this agreement.
MONTHLY SERVICE PLANS
Encompass Lighting offers optional monthly service plans to eligible permanent lighting system customers located within approved service areas in Nevada.
The monthly service plan is intended to provide ongoing service, troubleshooting, and support for eligible permanent lighting systems.
Enrollment in a monthly service plan is not required to request service from Encompass Lighting.
Customers who are not enrolled in an active monthly service plan may request service at the then-current non-subscriber service rate. The current non-subscriber service rate is $200 per service visit, payable at the time of service.
SERVICE PLAN PRICING
Current monthly service plan pricing is based on the customer’s service region:
Southern Nevada Service Plan: $25.00 per month
Northern Nevada Service Plan: $35.00 per month
The customer’s service location and selected service region may be verified by Encompass Lighting.
If a customer selects an incorrect service region, Encompass Lighting may require the customer to transfer to the correct plan before service plan coverage is activated or continued.
Encompass Lighting reserves the right to change service plan pricing in the future. Customers will be provided reasonable advance notice before a pricing change applies to future recurring charges.
RECURRING BILLING AUTHORIZATION
By enrolling in an Encompass Lighting monthly service plan, you understand and agree that you are purchasing a recurring monthly subscription.
You expressly authorize Encompass Lighting and its authorized billing and payment processing providers to automatically charge the payment method you provide for the applicable monthly subscription amount and any other charges that you separately authorize.
Your subscription will automatically continue and renew on a monthly basis until canceled in accordance with these Terms.
The initial payment amount, billing date, and recurring billing schedule applicable to your subscription will be disclosed during the enrollment and checkout process.
By completing enrollment, submitting payment, and accepting these Terms, you acknowledge and authorize recurring charges to your payment method until your subscription is canceled.
CANCELLATION OF MONTHLY SERVICE PLAN
Customers may cancel their monthly service plan by contacting Encompass Lighting at:
info@encompasslighting.io
Customers may also use any cancellation option provided through their customer billing portal when available.
Cancellation will stop future recurring charges after the cancellation becomes effective.
Amounts already charged before a valid cancellation request is processed are generally non-refundable unless otherwise required by applicable law or expressly agreed to by Encompass Lighting in writing.
Customers should submit cancellation requests before their next scheduled billing date to prevent the next recurring charge from being processed.
A customer who voluntarily cancels a monthly service plan may not be eligible to re-enroll in the monthly service program for twelve (12) months following cancellation.
Encompass Lighting may waive this restriction at its sole discretion.
During any period in which a customer does not have an active monthly service plan, service may still be requested at the then-current non-subscriber service rate.
WHAT THE MONTHLY SERVICE PLAN PROVIDES
An active monthly service plan provides ongoing service and support for eligible permanent lighting systems.
Eligible service requests may include troubleshooting and service relating to:
Wi-Fi or connectivity issues;
App connection or communication issues;
Bulb or lighting concerns;
Lighting channel concerns;
Wiring-related concerns;
Controller troubleshooting;
System troubleshooting; and
Other eligible permanent lighting system service concerns.
There is no predetermined monthly or annual limit on the number of service requests that an active service plan customer may submit.
However, unlimited service requests do not guarantee immediate, same-day, or emergency service.
All service appointments remain subject to technician availability, customer location, weather conditions, system eligibility, parts availability, manufacturer procedures, and the nature of the service request.
WHAT THE MONTHLY SERVICE PLAN DOES NOT AUTOMATICALLY COVER
The monthly service plan provides service and support. It does not automatically mean that every part, replacement component, equipment upgrade, repair, system replacement, or pre-existing condition is included at no additional cost.
Additional charges may apply for:
Parts that are not covered by an applicable manufacturer warranty;
Equipment that is outside its applicable warranty period;
Damage caused by misuse, accidents, unauthorized modifications, or third parties;
Major system corrections or reconstruction;
Pre-existing installation deficiencies;
Electrical work outside the original permanent lighting system;
Work outside the scope of the monthly service plan; or
Other services separately approved by the customer.
When reasonably practical, Encompass Lighting will notify the customer of separately billable work before performing that work.
REPLACEMENT PARTS AND MANUFACTURER WARRANTIES
The Encompass Lighting monthly service plan is separate from any manufacturer’s product warranty.
Replacement parts and components may be covered by an applicable manufacturer’s warranty and remain subject to the manufacturer’s individual warranty requirements, limitations, exclusions, and availability.
Encompass Lighting does not control whether a manufacturer approves or denies a warranty claim.
Customers may be responsible for shipping defective or replaced components to the manufacturer when required by the manufacturer.
Parts that are no longer under warranty, excluded from warranty coverage, unavailable from the manufacturer, damaged under circumstances not covered by warranty, or otherwise ineligible for replacement may require additional payment by the customer.
PRE-EXISTING CONDITIONS
Enrollment in a monthly service plan does not automatically provide coverage for problems, defects, damage, improper installation, wiring concerns, or other conditions that existed before enrollment.
Encompass Lighting may require an inspection, evaluation, repair, correction, or approval of a permanent lighting system before monthly service coverage becomes active.
Any work required to bring a system into an acceptable and serviceable condition before plan approval may be billed separately.
SYSTEMS INSTALLED BY ANOTHER COMPANY
Encompass Lighting may accept eligible permanent lighting systems installed by another installer, dealer, provider, or lighting company into the monthly service program.
Approval is not automatic.
Systems installed by another provider may require inspection, verification, repair, or correction before monthly service coverage begins.
Encompass Lighting does not assume responsibility for another company’s:
Workmanship;
Promises or representations;
Warranty obligations;
Service obligations;
Previous customer agreements;
Installation deficiencies;
Unpaid repairs; or
Other prior obligations.
Any repairs or corrections required before a system becomes eligible for the Encompass Lighting monthly service plan may be billed separately.
SERVICE SCHEDULING
Encompass Lighting will make reasonable efforts to review service requests and schedule eligible service appointments in a timely manner.
Service dates and response times are not guaranteed.
Scheduling may depend on technician availability, customer location, weather conditions, access to the property, the nature of the issue, parts availability, manufacturer warranty procedures, and circumstances outside the reasonable control of Encompass Lighting.
The monthly service plan is not an emergency repair service and does not guarantee immediate or same-day response.
FAILED OR MISSED PAYMENTS
Customers are responsible for maintaining a valid and current payment method for their monthly subscription.
If a recurring payment is declined or remains unpaid, Encompass Lighting may suspend service plan benefits while the account is delinquent.
If payment remains unpaid for thirty (30) days, Encompass Lighting may cancel the monthly service plan.
A customer whose plan has been canceled because of nonpayment may contact Encompass Lighting to request reinstatement.
Reinstatement is not automatic and remains subject to Encompass Lighting approval.
Encompass Lighting may require payment of outstanding balances and may require review of the customer’s lighting system before reinstating coverage.
PAYMENT AUTHORIZATION
By providing a credit card, debit card, bank account, or other payment method, you represent that you are authorized to use the payment method provided.
You authorize Encompass Lighting and its authorized payment processors to process payments that you approve, including recurring subscription charges when you enroll in a recurring service plan.
You are responsible for reviewing invoices, receipts, subscription confirmations, and billing statements and promptly notifying Encompass Lighting if you believe a billing error has occurred.
PAYMENT DISPUTES AND CHARGEBACKS
Encompass Lighting takes legitimate billing concerns seriously and encourages customers to contact us promptly if they believe a charge is incorrect, duplicated, unauthorized, or inconsistent with the services they agreed to purchase.
Customers may contact:
info@encompasslighting.io
Before initiating a payment dispute or chargeback concerning a charge that the customer recognizes, the customer agrees to make a reasonable good-faith effort to contact Encompass Lighting so that we have an opportunity to review and resolve the concern.
Nothing in these Terms is intended to waive any legal right that a customer may have to dispute a genuinely unauthorized transaction, billing error, or other charge where a dispute right exists under applicable law or payment network rules.
IMPROPER OR FRAUDULENT CHARGEBACKS
A chargeback is not a substitute for properly canceling a monthly subscription.
Initiating a payment dispute or chargeback does not automatically constitute a cancellation request unless Encompass Lighting confirms that the subscription has been canceled.
If a customer disputes a charge that was validly authorized and associated with services that were performed, provided, scheduled, reserved, made available, or properly billed under an agreement accepted by the customer, Encompass Lighting reserves the right to contest the dispute.
Encompass Lighting may provide relevant documentation to its payment processor, acquiring bank, card network, issuing bank, dispute resolution provider, collection provider, or legal counsel in connection with a payment dispute.
Such documentation may include, where applicable:
Signed agreements;
Electronic acceptance records;
Dates and timestamps of acceptance;
Transaction records;
Invoices and receipts;
Subscription enrollment records;
Recurring billing authorizations;
IP address or device information recorded during enrollment;
Customer communications;
Emails and text messages;
Service requests;
Scheduling records;
Installation records;
Technician service records;
Photographs;
Proof of work performed;
Proof of system access or service availability;
Cancellation records; and
Other documentation reasonably relevant to the disputed transaction.
By using our services and submitting payment, you authorize Encompass Lighting to use and disclose such records as reasonably necessary to investigate, respond to, or defend against a payment dispute or chargeback.
SERVICE SUSPENSION FOLLOWING A PAYMENT DISPUTE
If a payment associated with an active monthly service plan is disputed, reversed, or charged back, Encompass Lighting may immediately suspend service plan benefits while the payment dispute is pending.
Encompass Lighting may also cancel or decline to renew a service plan following a disputed or reversed payment.
No service will be required to be performed on an account with an unpaid, reversed, or disputed balance unless otherwise required by law or agreed to by Encompass Lighting in writing.
AMOUNTS REMAINING DUE AFTER A CHARGEBACK
A chargeback or payment reversal does not automatically eliminate an underlying payment obligation where the customer validly authorized the charge and the amount is otherwise lawfully owed.
To the fullest extent permitted by applicable law and payment network rules, Encompass Lighting reserves the right to seek recovery of valid unpaid amounts.
Where legally permitted, this may include:
The original unpaid balance;
Actual third-party chargeback or payment dispute fees imposed on Encompass Lighting;
Reasonable collection costs; and
Reasonable legal fees and court costs when awarded or otherwise recoverable under applicable law or agreement.
Encompass Lighting will not impose such costs for a legitimate unauthorized transaction or valid billing error where the customer is legally entitled to reversal.
FRAUDULENT PAYMENT ACTIVITY
Knowingly providing false information in connection with a payment dispute, falsely claiming that an authorized transaction was unauthorized, or intentionally attempting to obtain services without payment may result in:
Immediate termination of services;
Cancellation of the customer’s service plan;
Refusal of future service;
Referral of the unpaid account for collection;
Submission of documentation to payment processors or financial institutions; and
Pursuit of other lawful remedies.
Encompass Lighting reserves all rights and remedies available under applicable law.
ELECTRONIC ACCEPTANCE AND RECORDS
You agree that electronic acceptance of these Terms has the same effect as a handwritten signature to the extent permitted by applicable law.
Electronic acceptance may include:
Checking an agreement checkbox;
Clicking an acceptance or purchase button;
Submitting payment;
Completing online enrollment;
Signing an electronic agreement; or
Otherwise affirmatively agreeing to a transaction.
Encompass Lighting may maintain electronic records documenting your acceptance, enrollment, transaction, and service history.
These records may be retained and used to administer your account, document your authorization, resolve customer service issues, and respond to payment disputes.
SMS PROGRAM DESCRIPTION
Our SMS program provides text messages for appointment reminders, events, receipts, customer service communications, service updates, and occasional promotional messages when you opt in.
Message frequency varies depending on your interaction with our services.
SMS OPTING OUT
SMS OPTING OUT
You may cancel the SMS service at any time.
Simply text “STOP” to the phone number from which you receive SMS messages from Encompass Lighting.
After sending “STOP,” you may receive a confirmation message confirming your unsubscribe status. Following confirmation, you will no longer receive SMS messages from that messaging program unless you opt in again.
To rejoin, you may sign up again through an available opt-in method or text “START” when supported.
SMS HELP AND SUPPORT
If you experience issues with the messaging program, reply with the keyword “HELP” for assistance or email:
info@encompasslighting.io
MESSAGE AND DATA RATES
Message and data rates may apply for messages sent to you from us and from you to us.
Message frequency varies.
For questions regarding your wireless text or data plan, contact your wireless provider.
RECURRING SMS MESSAGES DISCLOSURE
By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide.
Depending on your service selection and interactions with Encompass Lighting, you may receive recurring messages.
Consent to receive marketing or recurring promotional SMS messages is not required as a condition of purchasing goods or services from Encompass Lighting.
SMS OPT-IN DATA PROTECTION
Messaging originator opt-in data and consent information will not be shared with third parties for their own marketing or promotional purposes.
Information may be shared with service providers, aggregators, telecommunications providers, and other parties as reasonably necessary to provide and operate the SMS messaging service.
PRIVACY FOR SMS SERVICES
For additional information regarding privacy and our use of personal information, please review our Privacy Policy.
PROHIBITED SMS CONTENT
Our SMS communications will not knowingly contain phishing attempts, smishing, unlawful social engineering, or illegal content.
Customers should never provide sensitive payment information in response to a suspicious or unverified message.
PROHIBITED WEBSITE ACTIVITIES
You may not access or use the Encompass Lighting website for any unlawful purpose or for any purpose other than those for which we make the website and services available.
You may not attempt to interfere with website security, misuse our systems, impersonate another person, submit fraudulent payment information, or use our services in violation of applicable law.
CUSTOMER RESPONSIBILITIES
Customers agree to provide accurate contact, billing, service location, and system information.
Customers are responsible for providing Encompass Lighting with reasonable access to the property and affected lighting system when an on-site service visit is scheduled.
Customers must promptly notify Encompass Lighting of changes to contact information, service location information, or payment information that may affect their account.
CHANGES TO THESE TERMS
Encompass Lighting may update these Terms and Conditions from time to time.
The updated version will be identified by a revised “Last Updated” date.
Material changes affecting an active recurring subscription will be communicated as required by applicable law.
Continued use of our website or services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.
NO WAIVER
Failure by Encompass Lighting to enforce any provision of these Terms will not constitute a waiver of that provision or any other right.
GOVERNING LAW AND VENUE
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Nevada, without regard to conflict-of-law principles.
To the extent permitted by applicable law, any legal proceeding arising from these Terms or the services provided by Encompass Lighting will be brought in the appropriate state or federal court located in or serving Clark County, Nevada.
Nothing in this section limits any consumer right or venue requirement that cannot legally be waived under applicable law.
CONTACT US
If you have questions regarding these Terms and Conditions, your monthly service plan, a payment, cancellation, or a billing dispute, please contact:
Encompass Lighting LLC
5725 S Valley View Blvd, Suite 5
Las Vegas, Nevada 89118
Email: info@encompasslighting.io