Last Updated: November 26, 2013
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS
REGARDING YOUR USE OF Dello Solutions'S COMPUTER SUPPORT SERVICE AND YOUR
RELATIONSHIP WITH Dello Solutions. YOU SHOULD READ THEM CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS
AND OBLIGATIONS FOR THE Dello Solutions SERVICE.
"AGREEMENT" TO THESE TERMS AND CONDITIONS, TOGETHER
WITH EACH ACCEPTED ORDER or PLAN ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY
You must agree to the Terms and Conditions in order to obtain Services (defined
below). If you choose not to submit an Order or Plan Order, then the entire
"Agreement" between you and Dello Solutions consists of these Terms and
Certain terms defined in these Terms and Conditions are also used in the Privacy
Policy and AUP and are incorporated by reference to these Terms and Conditions.
"YOU" "You" means you individually, any person,
including any employer that you are acting on behalf of.
"Dello Solutions " "Dello Solutions" is
the service mark of Dello Solutions. All references to Dello Solutions refer to Dello Solutions.
"SERVICES" All references to
"Services" refer to any Dello Solutions service plan that you enter into with Dello Solutions.
These Terms and Conditions govern all plans available through the Dello Solutions, and any use of
the Dello Solutions 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 Dello Solutions website and said
materials are the proprietary and copyrighted work of Dello Solutions
and/or its suppliers. The definition of "Materials" does not include the design
or layout of the Dello Solutions website or any other Dello Solutions owned, operated, licensed or controlled site.
"SOFTWARE" "Software" means a computer program of
any kind, whether owned by Dello Solutions 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 Dello Solutions web site or via telephone with an Dello Solutions sales representative
or technician. Once Dello Solutions accepts the Order or Plan Order submitted
by you, then you will receive an email from Dello Solutions at the email address
that you provide or have provided to Dello Solutions as part of the Registration
Process for the Services. Dello Solutions is not responsible for rendering Services
in connection with any Order or Plan Order that it has not accepted. Upon acceptance by
Dello Solutions of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics
of each Service Plan, Dello Solutions will address your query using
commercially reasonable efforts in providing appropriate solutions under the
Services. In most cases, Dello Solutions 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 Dello Solutions'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. Dello Solutions 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
Dello Solutions'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.
Conditions, is incorporated here by reference. If you have not yet reviewed the
these Terms and Conditions. You agree that beyond the Personal Information
Dello Solutions over the telephone, electronically or otherwise, is not
confidential or proprietary to you.
ACCEPTABLE USE POLICY (AUP)
The Dello Solutions Acceptable Use Policy is an integral part of these Terms and
Conditions and is incorporated here by reference. If you have not yet reviewed the
Dello Solutions AUP, then please do so prior to agreeing to these Terms and
Conditions. You agree that your use of the Dello Solutions Services, and/or any
Materials will conform to and be governed by the AUP specifically, as well as these
Dello Solutions 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 Dello Solutions'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 Dello Solutions WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined
below) posted on the Dello Solutions 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 Dello Solutions website, Services, Materials or Software, other than as
explicitly permitted by Dello Solutions is prohibited. Rights to execute,
copy, modify, display, transmit, distribute, manufacture, use, sale are all
reserved to Dello Solutions and its suppliers.
In connection with obtaining Services, you agree that you will:
Cooperate with the Dello Solutions 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 Dello Solutions personnel.
Software/Data Backup: You understand and agree that Dello Solutions shall under no
circumstance be responsible for any lost or corrupted software or data. Dello Solutions
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
Dello Solutions immediately of any unauthorized use of your account or any other breach
of security. Dello Solutions 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 Dello Solutions 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 Dello Solutions'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 Dello Solutions's ability to
schedule a support session. You hereby release Dello Solutions from any and all liability,
and agree that Dello Solutions shall not be liable to you or any third party for any direct
or indirect damages whatsoever, resulting from such delays. Dello Solutions 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"
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 Dello Solutions engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Dello Solutions PORTAL, OR THROUGH A SERVICE
For your convenience, Dello Solutions 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 Dello Solutions Web site may be copied or retransmitted unless expressly permitted
by Dello Solutions. 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 Dello Solutions
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 Dello Solutions
Support 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 Dello Solutions SOFTWARE
With regard to any Software made available to you by Dello Solutions through the
Dello Solutions website for which your acceptance of a separate license agreement
is not required ("Dello Solutions Software"), you are hereby granted a revocable,
non-exclusive, non-transferable license by Dello Solutions to use the Dello Solutions
Support 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 Dello Solutions
Software. You agree that the Dello Solutions Software is the confidential and
proprietary information of Dello Solutions 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 Dello Solutions
Software, or otherwise reduce the Dello Solutions 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
Dello Solutions 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
Dello Solutions Software. You acknowledge that this license is not a sale of intellectual
property and that Dello Solutions 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 Dello Solutions Software and
related documentation, as well as any corrections, updates and upgrades. The Dello Solutions
Support Software may be used in the United States only, and any export of the Dello Solutions
Support Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Dello Solutions 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 Dello Solutions directly assists you in the acquisition, installation, and/or use of
Third Party Software. Dello Solutions 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 Dello Solutions Software shall remain in full force and effect unless and
until terminated by Dello Solutions, 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 Dello Solutions
Support Software and immediately delete the Dello Solutions 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, Dello Solutions 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 Dello Solutions
may elect to make available from time to time. Violation of such third party provider's terms of
service may, in Dello Solutions's sole discretion, result in the termination of your customer
account and use of service.
LIMITED SERVICE WARRANTY
Dello Solutions 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
Dello Solutions TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
Dello Solutions 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.
Dello Solutions 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. Dello Solutions
TECH SUPPORT 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. Dello Solutions 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 Dello Solutions 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 Dello Solutions be liable to
you in excess of the amounts actually paid by you to Dello Solutions 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
Dello Solutions at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Dello Solutions:
(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, Dello Solutions's network, or the use and enjoyment of Dello Solutions's other users;
(c) Dello Solutions receives an order from a court to terminate the Service you are using ;
(d) if Dello Solutions for any reason ceases to offer the Service;
(e) if you are no longer a Dello Solutions customer, or
(f) Dello Solutions determines that you are abusing the Service.
Dello Solutions, 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. Dello Solutions'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 Dello Solutions service is available internationally and may contain
references to Dello Solutions products, services, and programs that are
not available in a viewer's country. These references do not imply that Dello Solutions
Tech Support intends to make such products, services, or programs available in
Dello Solutions reserves the right to amend the Terms and Condition, and
the Dello Solutions Portal at any time by (a) posting a revised version of
the Terms and Conditions on the Dello Solutions website, or by (b) sending
information regarding any amendment to the Terms of Service to the email address
you provide to Dello Solutions in connection with registration. You are
responsible for regularly reviewing the Dello Solutions website to be
notified of any amendments to the Terms and Conditions. Your use of the Dello Solutions
Tech Support 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. on.
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 Dello Solutions
TECH SUPPORT POSING AS A CUSTOMER FOR THE PURPOSE OF OBSERVING Dello Solutions'S PROPRIETARY SERVICES; YOU ARE THE OWNER OF AND RESPONSIBLE FOR THE COMPUTER AT ISSUE
AND YOU HAVE THE AUTHORITY TO REQUEST Dello Solutions SERVICES; YOU WILL NOT
ATTEMPT TO UPLOAD MALWARE OR MALICIOUS CODE TO Dello Solutions'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.
CONSENT TO RECEIVE TELEPHONE CALLS
Customer may provide Dello Solutions with a telephone number when registering for or using the Services or in the course of communication with Dello Solutions representatives. This number will be used by Dello Solutions for the purpose of Dello Solutions providing requested Services and addressing billing questions or issues. In addition, as a valued customer you may be offered additional services or products or promotions. By providing a telephone number, Customer consents to calls at that mobile or landline number by Dello Solutions, including calls to that number using equipment that has the capacity to autodial. Customer is under no obligation to provide a telephone number and the Services are in no way conditioned upon Customer providing telephone number.