These Terms of Service for DBS (this "Agreement") is a legal agreement between you (either an individual or an entity that you are representing, hereinafter "you") and DBS and its suppliers and licensors (collectively "DBS") for the DBS Services ("Services"). Your use of the Services constitutes your agreement to the terms of this Agreement and you acknowledge that DBS would not agree to provide the Services without that assent. The Services include new products, product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, account with DBS. You understand that you must obtain your own Internet connection in order to use the Services. We do not control your Internet access or the quality of your Internet connection.
1. WEBSITE & SERVICES.
1.1 Content of Website
All Content included on or comprising the DBS's web site - including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material ("Content") is protected by copyright, trademark, patent, or other proprietary rights; these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part. Logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by DBS and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner. By using the DBS's web site, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to DBS or any third party using the DBS web site are non-confidential. By submitting solicited or unsolicited information using the DBS web site, you grant DBS an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
1.2 Downloading of content from website
You may not download Content displayed on the DBS web site for commercial or noncommercial use, You may provide links to the content of the DBS website with a summary not exceeding 100 words.
1.3 Third-party links and content
The DBS web site contains links to other sites operated by third parties, including but not limited to third-party sites that display the DBS trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose. DBS does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the DBS web site does not constitute sponsorship, endorsement, approval, or responsibility. DBS makes no representation or warranty as to any products or services offered on any third-party site. Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the DBS web site. Please review the conditions of use for all third-party sites for more information about the terms and conditions that apply to them.
1.4 Security of website
The DBS web site may only be used for lawful purposes. Activities including-but not limited to-tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited. Users are prohibited from violating or attempting to violate DBS web site security, including, without limitation, (a) accessing data not intended for such user; (b) using the web site for unintended purposes or trying to change the site's behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the web site (i.e., impersonating the DBS web site) or to the web site (i.e., impersonating a legitimate user). Sending unsolicited and unauthorized eMail on behalf of DBS, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result in civil or criminal liability. You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the DBS web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the DBS web site other than the search engine and search agents provided by DBS or generally publicly available browsers.
1.5 Incident Plans Services
DBS offers multiple Incident Plans services, which entitles you to access our technical support agents for the duration of the contract. On your purchase of service you are entitled to support for the number of devices for which support has been purchased, with each device you are entitled to support for two peripherals. Peripherals include printer, fax machine, digital camera, smart phones, wireless router, network switch, and gaming console. Unless otherwise communicated to you no additional peripherals would be supported in your contract. In this duration you are free to call our technicians any number of time for technical issues with your computers / peripherals included in the plan.
1.6 Incident Services
DBS offers incident based services, which entitles you to access our technical support agents for the number of incidents specified in the contract. An incident is calculated as an occurrence of defect that is reported by you. On your purchase of service you are entitled to support for any number of devices for which support has been purchased, with each device you are entitled to support for two peripherals. Peripherals include printer, fax machine, digital camera, smart phones, wireless router, network switch, and gaming console. Unless otherwise communicated to you no additional peripherals would be supported in your contract. In this duration you are free to call our technicians any number of time for technical issues with your computers / peripherals included in the plan.
1.7 Mode of Support
Support for your technical issues would be provided through online remote sessions conducted by our technical support associates. They will seek your consent for establishing the connection and taking control of your machines. You agree that the remote session may be monitored or recorded during the session. DBS is not responsible for any data loss during the session which may arise due to malfunctioning of your computer, peripherals or the network. In case your computer is not able to connect to internet or our support center we would be providing you with instructions on fixing your computer orally. You agree that you would follow the instructions provided by our technical support associates and work with the associate till he is able to establish a network connectivity. At no time we would provide a in house visit to rectify or repair your computer.
1.8 Software Covered
Only popular software that are used by a user in daily work is covered under the technical support service, this includes specific Windows Operating Systems manufactured by Microsoft such as Microsoft Windows 7, Microsoft Windows Vista, Microsoft Windows XP, Microsoft Windows 2000, various versions of Microsoft Office such as 2010, 2007, 2003, XP, 2000, Microsoft Word, Microsoft Outlook, Microsoft Excel, Microsoft Power Point is covered. Some e-mail clients including Microsoft Outlook Express, Microsoft Live Mail, Eudora, Thunderbird are covered under this agreement. Some Anti-Virus programs such as McAfee, Norton Ant-Virus, Kapersky and AVG are covered. Web browsing Internet Explorer, Mozilla and Chrome are covered under the agreement All other software is covered under best effort basis unless confirmed to you separately. We provide no warranties for any software and same shall be covered by their respective manufacturers and you agree to comply with their EULA.
1.9 Hardware and Peripherals
You agree that no hardware issues with your computer, device or peripherals is covered under this agreement. If any hardware issue is reported it would be your responsibility to get the same rectified at your expense. DBS does not provide any express or other warranties for any hardware issues in your computer or peripherals.
1.10 Virus & Data Loss
You agree to indemnify DBS for any data loss arising due to presence of virus or malware in your computer. DBS TECHnical associate would make all efforts to remove virus, malware, Trojans, adware and other malafide applications from your computer. However the data loss, theft caused by such software is outside the purview of this agreement and DBS would not be responsible for any such occurrences. In case your machine has been corrupted because of malfunctioning of operating system, software applications and or any other reason and needs to be formatted, you agree to indemnify DBS against any data loss that may occur in their period. Taking data backup of the machine would be your sole responsibility. DBS would not be responsible for any data loss that may occur during such an operation.
1.11 Resolution Time
You agree that the Incident Plans service that you purchase promises to solve your technical issues within the stipulated time. However some of the issues maybe because of manufacturing defects in your hardware and or software and or your network service provider which prevents speedy resolution of your problem. This may cause delays in resolutions and permanent solution may not be possible for a very long period. DBS would make every effort to contact respective manufacturer to seek resolution to pending issues, however the time frame for resolution of these issues is not defined. DBS cannot be held responsible if your technical issue is deemed to occur due to manufacturing defects in your hardware and or software or network service provider.
1.12 Notices from DBS.
DBS may provide you notice under this Agreement either by written document, email, voice mail or by publishing the information on the DBS website.
2. CANCELLATION AND REFUND OF SERVICES.
You may cancel the Services at any time by providing DBS with a notice of your intent to cancel your services by sending a mail to email@example.com . You acknowledge that the cancellation will be effective from the beginning of the next month after you provide notification to DBS via the e-mail. DBS will provide you with email confirmation of both your request to cancel Services and the actual cancellation of Services. If you do not receive a confirmation of your request to cancel after sending an email or if you do not receive a confirmation of Service cancellation, you must notify DBS by sending an email to firstname.lastname@example.org or contacting DBS Customer Care by telephone.
3. DBS's RIGHT TO TERMINATE OR MODIFY SERVICES.
DBS may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. Your continued use of the Services constitutes your agreement to those modified terms of this Agreement and you acknowledge that DBS would not agree to provide the Services without that assent. In the event DBS modifies the Agreement or the Services, you may terminate the Services as provided in Section 2, above. DBS may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at DBS`s sole discretion. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from DBS to effect such termination. Upon any termination of this Agreement (whether by you or DBS), you shall immediately discontinue use of the Services.
4. SERVICE USE RESTRICTIONS.
4.1 Compliance with Laws.
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and restrictions. DBS may provide you with guidelines regarding compliance with applicable regulation(s); however, you are solely responsible for ensuring that your use of the Services is in compliance with such regulations. You may only use the Services for your own use.
4.2 Fair Use.
You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the Services. You agree and represent that you are purchasing the Services and/or the equipment for your own internal use only, and shall not resell, transfer or make a charge for the Services or the equipment without the advance express written permission of DBS. You agree that you shall use the service for only the number of devices earmarked for service under this agreement.
5. PERSONAL INFORMATION AND PRIVACY.
6. E-MAIL NOTIFICATION.
To let you know what new Services are available from time to time, DBS may send you and your employees emails describing the latest Services, how to access the Services and changes to the Services. You agree that as a Service subscriber, DBS may send you such emails to the addresses you provide. Because these emails are necessary for you to receive the Services, you will receive these emails even if you have opted out of receiving other email from DBS. If you do not want to receive these emails, you may cancel the Service at any time as provided in this Agreement.
7. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DBS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DBS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF DBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DBS RELATED TO THIS AGREEMENT OR THE SERVICES/CONTENT SHALL BE CANCELLATION OF THE SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO DBS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DBS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH DBS. THIS SERVICE DOES NOT INCLUDE ANY WARRANTIES IMPLIED OR EXPRESS FOR ANY DEVICE THAT IS UNDER COVERED UNDER THE TECHNICAL SUPPORT Incident Plans SERVICES PROVIDED BY DBS.
You agree to hold harmless, indemnify and defend DBS, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claim that you have violated any term of this Agreement, including, without limitation, the requirements set forth in Section 4.1 of this Agreement.
9. NO ASSIGNMENT.
This Agreement is personal to you (or the company which you represent), and may not be assigned without DBS`s express written consent. If you are agreeing on behalf of a company, you represent that you are authorized to bind the company under this Agreement.
10 SERVICE OUTAGE.
10.1 Power Failure or Disruption.
You acknowledge and understand that the does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and will not function until power is restored.
10.2 Broadband Service / ISP Outage or Termination / Suspension or Termination by DBS.
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by DBS will prevent ALL Service.
10.3 Other Service Outages.
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
10.4 Force Majeure.
DBS is not responsible or liable to you for its failure to perform any of its obligations contributed to by causes or circumstances beyond its reasonable control including, without limitation, Internet outages, communications and cable outages, failure of third party services or products that interface or interact with the Services, labor strikes, lockouts, supply shortages, earthquake, fire, flood, war, act of God, criminal acts (e.g. computer hacking that circumvents reasonable security measures), bankruptcy of merchants or licensees, or any acts of governmental bodies or authorities.
11. CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS
As a convenience and courtesy to you, DBS provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking "I Agree" or "I Accept" anywhere on a DBS website:
11.1. You agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
11.2. You have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, and any policies and any amendments hereto or thereto;
11.3. You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
11.4. You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,
11.5. You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.
12. Fees and Payment
The applicable fees for the Services will be according to your order which may be quoted to you on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.
DBS INFOSOFT SOLUTIONS PRIVATE LIMITED is selling services which for one time Via Incident based plans that has guarantee of 30 days means customer can call DBS INFOSOFT SOLUTIONS PRIVATE LIMITED to get the same issue resolved free of charge.
DBS INFOSOFT SOLUTIONS PRIVATE LIMITED is not selling any subscription and is committed to sell services as per the Incident based plans.
The charges of the incident based plans depend on the severity of the issue and number of computer customer has.
DBS INFOSOFT SOLUTIONS PRIVATE LIMITED does not ask to take payment via Phone. All the payments have to be paid through the website.
DBS INFOSOFT SOLUTIONS PRIVATE LIMITED is sending email to customer to electronically sign the document for the authorization of the payment and may use third party to verify the customers Identity for processing the payments