Terms and Conditions
Last updated: 5/31/2017
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF DIGITAL SUPPORT SERVICES LLC’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH DIGITAL SUPPORT SERVICES LLC. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE DIGITAL SUPPORT SERVICES LLC SERVICE.
“YOU” “You” means you individually, any person, including any employer that you are acting on behalf of.
“DIGITALSUPPORT.tech” “Digital Support Services LLC” is the service mark of Digital Support Services LLC. All references to Digital Support Services LLC refer to Digital Support Services LLC.
“SERVICES” All references to “Services” refer to any Digital Support Services LLC service plan that you enter into with Digital Support Services LLC. These Terms and Conditions govern all plans available through the Digital Support Services LLC, and any use of the Digital Support Services LLC Services. In the event of any conflict these Terms and Conditions control any Order or Plan Order form that you submit requesting Services (“Plan Order”).
“MATERIALS” “Materials” means any webcasts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Digital Support Services LLC website and said materials are the proprietary and copyrighted work of Digital Support Services LLC and/or its suppliers. The definition of “Materials” does not include the design or layout of the DigitalSupport.tech website or any other Digital Support Services LLC owned, operated, licensed or controlled site.
“SOFTWARE” “Software” means a computer program of any kind, whether owned by Digital Support Services LLC or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.
SUBMISSION OF ORDERS OR PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Orders or Plan Orders through the Digital Support Services LLC web site or via telephone with an Digital Support Services LLC sales representative or technician. Once Digital Support Services LLC accepts the Order or Plan Order submitted by you, then you will receive an email from Digital Support Services LLC at the email address that you provide or have provided to Digital Support Services LLC as part of the Registration Process for the Services. Digital Support Services LLC is not responsible for rendering Services in connection with any Order or Plan Order that it has not accepted. Upon acceptance by Digital Support Services LLC of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, Digital Support Services LLC will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Digital Support Services LLC will attempt problem diagnosis and a solution over the telephone, through a remote assistance session, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to Digital Support Services LLC’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-978-4501.
Services against any Order or Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Order or Plan Order. Digital Support Services LLC has no obligation to render Services under any Service Plan if the payments as required under any Order or Plan Order have not been made.
MONEY BACK POLICY
Digital Support Services LLC’s services are delivered on an integrated delivery platform, which allows us to support your computer(s) remotely. The services we provide may not be successful because the problem you are experiencing may be beyond our ability to resolve remotely or and/or may be due to an irreparable software and/or hardware issue. If for any reason you are not wholly satisfied with the service, we will make commercially reasonable efforts to resolve the issue to you satisfaction. If you are still not satisfied with the service, we offer a money back policy as follows: 1) for our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase. 2) For our incidental / “One Time Fix” Orders, the Money-Back Guarantee is valid for 30 days, beginning at the time of 1st Incident.
ACCEPTABLE USE POLICY (AUP)
Digital Support Services LLC may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with Digital Support Services LLC’s employees and others as appropriate to your Service under an Order or Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Order or Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE DIGITAL SUPPORT SERVICES LLC WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the Digital Support Services LLC website, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the Digital Support Services LLC website, Services, Materials or Software, other than as explicitly permitted by Digital Support Services LLC is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Digital Support Services LLC and its suppliers.
In connection with obtaining Services, you agree that you will:
Cooperate with the Digital Support Services LLC Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and our technician. Please listen carefully to our technician and follow the technician’s instructions. You must confirm that the following conditions are true:
1.1 The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Digital Support Services LLC personnel.
Software/Data Backup: You understand and agree that Digital Support Services LLC shall under no circumstance be responsible for any lost or corrupted software or data. Digital Support Services LLC strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security: For you to submit a Order or Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You may also be asked to choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Digital Support Services LLC immediately of any unauthorized use of your account or any other breach of security. Digital Support Services LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Digital Support Services LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Digital Support Services LLC’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Digital Support Services LLC’s ability to schedule a support session. You hereby release Digital Support Services LLC from any and all liability, and agree that Digital Support Services LLC shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Digital Support Services LLC or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES”
“SERVICES” shall not include the following:
Any item or activity not covered by the terms of a Order or Plan Order;
Service beyond the duration limitations identified in your Order or Plan Order;
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
5.1 External causes such as accident, abuse, misuse, or problems with electrical power;
5.2 Usage that is not in accordance with product instructions provided by manufacture;
5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
5.5 Non-Compliance with the Digital Support Services LLC engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE DIGITAL SUPPORT SERVICES LLC PORTAL, OR THROUGH A SERVICE
For your convenience, Digital Support Services LLC may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Digital Support Services LLC Web site may be copied or retransmitted unless expressly permitted by Digital Support Services LLC. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERAL
In connection with our Service, we may provide to you certain software, which is owned by Digital Support Services LLC or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from Digital Support Services LLC or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR DIGITAL SUPPORT SERVICES LLC SOFTWARE
With regard to any Software made available to you by Digital Support Services LLC through the Digital Support Services LLC website for which your acceptance of a separate license agreement is not required (“Digital Support Services LLC Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Digital Support Services LLC to use the Digital Support Services LLC Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Digital Support Services LLC Software. You agree that the Digital Support Services LLC Software is the confidential and proprietary information of Digital Support Services LLC or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Digital Support Services LLC Software, or otherwise reduce the Digital Support Services LLC Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Digital Support Services LLC Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Digital Support Services LLC Software. You acknowledge that this license is not a sale of intellectual property and that Digital Support Services LLC or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Digital Support Services LLC Software and related documentation, as well as any corrections, updates and upgrades. The Digital Support Services LLC Software may be used in the United States only, and any export of the Digital Support Services LLC Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Digital Support Services LLC may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not Digital Support Services LLC directly assists you in the acquisition, installation, and/or use of Third Party Software. Digital Support Services LLC has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the Digital Support Services LLC Software shall remain in full force and effect unless and until terminated by Digital Support Services LLC, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Digital Support Services LLC Software and immediately delete the Digital Support Services LLC Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, Digital Support Services LLC may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Digital Support Services LLC may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Digital Support Services LLC’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
DIGITAL SUPPORT SERVICES LLC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW DIGITAL SUPPORT SERVICES LLC TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
DIGITAL SUPPORT SERVICES LLC SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.
DIGITAL SUPPORT SERVICES LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. DIGITAL SUPPORT SERVICES LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIGITAL SUPPORT SERVICES LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL DIGITAL SUPPORT SERVICES LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, in no event shall Digital Support Services LLC be liable to you in excess of the amounts actually paid by you to Digital Support Services LLC under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
Digital Support Services LLC at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Digital Support Services LLC:
(a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Digital Support Services LLC’s network, or the use and enjoyment of Digital Support Services LLC’s other users;
(c) Digital Support Services LLC receives an order from a court to terminate the Service you are using ;
(d) if Digital Support Services LLC for any reason ceases to offer the Service;
(e) if you are no longer a Digital Support Services LLC customer, or
(f) Digital Support Services LLC determines that you are abusing the Service.
Digital Support Services LLC, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Digital Support Services LLC’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Digital Support Services LLC service is available internationally and may contain references to Digital Support Services LLC products, services, and programs that are not available in a viewer’s country. These references do not imply that Digital Support Services LLC intends to make such products, services, or programs available in such country.
Digital Support Services LLC reserves the right to amend the Terms and Condition, and the Digital Support Services LLC Portal at any time by (a) posting a revised version of the Terms and Conditions on the Digital Support Services LLC website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Digital Support Services LLC in connection with registration. You are responsible for regularly reviewing the Digital Support Services LLC website to be notified of any amendments to the Terms and Conditions. Your use of the Digital Support Services LLC Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of Florida without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Broward County, Florida and shall be conducted in English.
CUSTOMER’S REPRESENTATIONS AND WARRANTIES
YOU ARE IN NEED OF THE SERVICES REQUESTED AND YOU ARE NOT A COMPETITOR OF DIGITAL SUPPORT SERVICES LLC POSING AS A CUSTOMER FOR THE PURPOSE OF OBSERVING DIGITAL SUPPORT SERVICES LLC’S PROPRIETARY SERVICES; YOU ARE THE OWNER OF AND RESPONSIBLE FOR THE COMPUTER AT ISSUE AND YOU HAVE THE AUTHORITY TO REQUEST DIGITAL SUPPORT SERVICES LLC SERVICES; YOU WILL NOT ATTEMPT TO UPLOAD MALWARE OR MALICIOUS CODE TO DIGITAL SUPPORT SERVICES LLC’S SYSTEM OR COMPUTERS; AND YOU HAVE NOT ACCESSED AND THERE IS NO CHILD PORNOGRAPHY STORED ON THIS COMPUTER, AND YOU UNDERSTAND THAT IF THIS REPRESENTATION IS FALSE, YOU HAVE NO EXPECTATION OF PRIVACY REGARDING SUCH ILLEGAL ACTIVITIES OR MATERIALS.