Terms
TERMS OF SERVICE
These Terms of Service (also include our terms and conditions) covers how DIGIWISE DIGITAL SOLUTIONS LLC (“DIGIWISE”),, DIGIWISE CAREER SERVICES, "we," "us," or "our") treats personal information that it collects and receives on www.DigiWiseSolutions.com and www.DigiWiseCareerServices.com
CONSULTING SERVICES, E-BOOKS AND REMOTE ACCESS TECHNICAL SUPPORT (AS DESCRIBED BELOW UNDER THE HEADING “DIGIWISE” IS PROVIDED ON THE FOLLOWING BASIS:
1. DIGIWISE’S LIABILITY AND THE LIABILITY OF ITS SUPPLIERS SHALL BE LIMITED TO THE TOTAL VALUE OF THE DIGIWISE REMOTE ACCESS TECHNICAL SUPPORT AT $50 PER INCIDENT; AN E-BOOK, $5 PER INCIDENT OR CONSULTING SERVICES; $50 PER INCIDENT.
2. ALTHOUGH DIGIWISE CANNOT GUARANTEE THAT THE PROVISION OF DIGIWISE REMOTE ACCESS TECHNICAL SUPPORT WILL RESOLVE YOUR ISSUE, DIGIWISE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, DIGIWISE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL DIGIWISE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS; OR PERSONAL USE OF COMPUTER(S), DEVICE(S) OR PERIPHERALS; PERSONAL DATA, DOCUMENTS, FILES AND / OR PHOTOS; ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT DIGIWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DIGIWISE’S TECHNICAL SUPPORT TERMS AND CONDITIONS, AS SET OUT BELOW:
Terms and Conditions
BY CONTACTING DIGIWISE FOR SUPPORT SERVICES OFFERED UNDER A SERVICE PACKAGE REFERENCED BELOW (“Service Package”) WITH DIGIWISE, THE INDIVIDUAL OR ENTITY ("CUSTOMER") AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE SERVICE PACKAGE. IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT CONTACT DIGIWISE NOR PURCHASE A SERVICE PACKAGE. A SERVICE PACKAGE WILL BE EFFECTIVE WHEN DIGIWISE ACCEPTS CUSTOMER’S PAYMENT IN FULL (“EFFECTIVE DATE”).
1. Services. Upon acceptance of Customer’s registration, DIGIWISE will provide support services (“Support Services”) on Customer’s computer(s) and/or software products and books and documents or related technologies (“Supported Products”) for the applicable Service Package, all as described at the following online webpage: http://digiwise.weebly.com/packages.html (“Service Package Support Page”). DIGIWISE reserves the right to amend the Support Services provided and/or Supported Products covered under a Service Package, at any time, by posting updates to the Service Package Support Page. DIGIWISE will not amend the Support Services and/or Supported Products in a way that (i) reduces the level of effort DIGIWISE provides under the Support Services, or (ii) materially impacts DIGIWISE’s obligation to deliver the Support Services as paid for by Customer;, or (iii) materially impacts the rights that Customer receives under the Support Services.. In the event of any inconsistencies between the terms in this document and the terms at the Service Package Support Page, the terms at the Service Package Support Page will govern.
2. Limitations.
2.1 Support Incidents. Service Packages are provided in single, multiple or unlimited Support Incident packages. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. DIGIWISE will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. DIGIWISE, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that identifies the problem as being resolved by upgrading to a newer software release; or newer compatible hardware; or (e) notice that the problem has been identified as a hardware equipment issue.
Under a Service Package with a limited number of Support Incidents, each new Support Incident contact made by Customer will decrease the remaining number of eligible Support Incidents.
2.2 Response Times. DIGIWISE will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Service Package (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period.
2.3 Technical Contacts. Support Services are provided to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Service Package (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Customer and DIGIWISE for technical support of the Service Package.
3. Customer Responsibilities. To receive Support Services, Customer must PURCHASE A Service Package and follow the access instructions provided by DIGIWISE. Customer is responsible for all fees in establishing and maintaining email and telephone communications with DIGIWISE. Customer will cooperate with DIGIWISE when seeking Support Services by providing information necessary to assist DIGIWISE diagnosing an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will not disclose to DIGIWISE confidential, proprietary or any information that is subject to intellectual property rights that may expose DIGIWISE to liability. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Support Services to a third party.
4. Remote Access Support Services. As part of a Service Package, DIGIWISE may provide Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on Customer’s computer through the installation and use of remote access software. Installation and use of the remote access software by Customer indicates its permission for DIGIWISE to provide Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with DIGIWISE. While remote access Support Services are provided, DIGIWISE will only access, control and gather information on Customer’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. DIGIWISE recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.
4. Books and E-Books. As part of a Service Package, DIGIWISE may provide books, articles and documentation to Customer on an ‘as is’ basis without warranty or guarantee of results.
5. Disclaimer of Warranty. ALTHOUGH DIGIWISE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, DIGIWISE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PACKAGE IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, DIGIWISE AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, DIGIWISE'S AND / OR ITS LICENSORS’ LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE PACKAGE PURCHASED BY CUSTOMER. IN NO EVENT SHALL DIGIWISE AND/OR ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, OR PERSONAL USE OF COMPUTER(S), DEVICE(S) OR PERIPHERALS; PERSONAL DATA, DOCUMENTS, FILES AND / OR PHOTOS ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT DIGIWISE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OTHER DISCLAIMERS MAY BE CONTAINED IN THE LICENSING TERMS APPLICABLE TO THE REMOTE ACCESS SOFTWARE. IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
7. Term and Termination. A Service Package will continue for the completion of the Service Package, or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by DIGIWISE in writing). DIGIWISE will not provide Support Services beyond the end of the Service Package unless another Service Package is purchased. DIGIWISE may terminate a Service Package at any time (a) if Customer fails to pay fees due for a Service Package, or (b) if after providing Customer no less than five (5) days prior written notice, Customer fails to cure a breach of these Terms and Conditions. There are NO REFUNDS PROVIDED.
8. DIGIWISE; Governing Law. “DIGIWISE" is identified in the table below according to the Customer’s country of residence. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED IN THE JURISDICTION OF SOMERSET, NJ.
9. Additional Services or Software. Any additional services provided, as part of a Service Package will be governed by these Terms and Conditions. In the event that Support Services are provided at a Customer’s location as part of a Service Package, Customer will ensure that DIGIWISE is granted access to the location at the arranged time and will secure a safe working environment sufficient for DIGIWISE to perform the Support Services. In the event that software is provided as part of a Service Package, such software is the copyright of third-party owners.
10. Data Protection. Customer agrees and understands that it is necessary for DIGIWISE to collect, process and use Customer data in order to perform the service and support obligations under the Service Package. This may include transferring Customer data to affiliated companies or service providers in accordance with the terms of the DIGIWISE Privacy Policy (http://digiwise.weebly.com/privacy.html). DIGIWISE will protect Customer’s information in accordance with the DIGIWISE Privacy Policy. If Customer wishes to have access to the information that DIGIWISE holds concerning it or if Customer wants to make any changes. DIGIWISE may record part or all of the calls between Customer and DIGIWISE for training, quality assurance and reference purposes.
11. Processes & Protocols; Pricing and Payments for Project Consulting, Service Packages, Plans, Promotions and Special Offers.
11.1 Processes All Computer Support calls, home visits and online / remote sessions are subject to a disclaimer. Clients must indicate their agreement to these Terms of Service contained herein, before computer support can be provided.
11.2 Protocols. Service Delivery: (1) At Your Home - Guidance, Assistance, Learning (in-person) - 2 hours min; (2) Online Coaching (phone / Skype) - 30 minutes per session; (3) Online Questions / Check-ins (phone / Skype) - 10 minutes max.
11.3 Pricing and Payments
11.4 Promotions and Special Offers From time to time, DIGIWISE may provide special offers to benefit its Customers. These may be modified or withdrawn at any time, without prior notice, unless bound by a written, contractual purchase agreement (i.e., payment for services on a DIGIWISE or DIGIWISE AFFILIATE WEBSITE.
12. General. Customer may not assign its rights or obligations under a Service Package. Any unauthorized assignment will be void. DIGIWISE will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between DIGIWISE and Customer with regard to the Service Package and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and NO addition to or deletion from or modification of any of the provisions hereto shall be binding upon DIGIWISE unless made in writing and signed by an authorized representative of DIGIWISE. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.
DIGIWISE DIGITAL SOLUTIONS LLC
152 Nantwich Ct.
Somerset, NJ 08873
UPDATED: FEBRUARY 4, 2019
These Terms of Service (also include our terms and conditions) covers how DIGIWISE DIGITAL SOLUTIONS LLC (“DIGIWISE”),, DIGIWISE CAREER SERVICES, "we," "us," or "our") treats personal information that it collects and receives on www.DigiWiseSolutions.com and www.DigiWiseCareerServices.com
CONSULTING SERVICES, E-BOOKS AND REMOTE ACCESS TECHNICAL SUPPORT (AS DESCRIBED BELOW UNDER THE HEADING “DIGIWISE” IS PROVIDED ON THE FOLLOWING BASIS:
1. DIGIWISE’S LIABILITY AND THE LIABILITY OF ITS SUPPLIERS SHALL BE LIMITED TO THE TOTAL VALUE OF THE DIGIWISE REMOTE ACCESS TECHNICAL SUPPORT AT $50 PER INCIDENT; AN E-BOOK, $5 PER INCIDENT OR CONSULTING SERVICES; $50 PER INCIDENT.
2. ALTHOUGH DIGIWISE CANNOT GUARANTEE THAT THE PROVISION OF DIGIWISE REMOTE ACCESS TECHNICAL SUPPORT WILL RESOLVE YOUR ISSUE, DIGIWISE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, DIGIWISE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL DIGIWISE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS; OR PERSONAL USE OF COMPUTER(S), DEVICE(S) OR PERIPHERALS; PERSONAL DATA, DOCUMENTS, FILES AND / OR PHOTOS; ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT DIGIWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DIGIWISE’S TECHNICAL SUPPORT TERMS AND CONDITIONS, AS SET OUT BELOW:
Terms and Conditions
BY CONTACTING DIGIWISE FOR SUPPORT SERVICES OFFERED UNDER A SERVICE PACKAGE REFERENCED BELOW (“Service Package”) WITH DIGIWISE, THE INDIVIDUAL OR ENTITY ("CUSTOMER") AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES UNDER THE APPLICABLE SERVICE PACKAGE. IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT CONTACT DIGIWISE NOR PURCHASE A SERVICE PACKAGE. A SERVICE PACKAGE WILL BE EFFECTIVE WHEN DIGIWISE ACCEPTS CUSTOMER’S PAYMENT IN FULL (“EFFECTIVE DATE”).
1. Services. Upon acceptance of Customer’s registration, DIGIWISE will provide support services (“Support Services”) on Customer’s computer(s) and/or software products and books and documents or related technologies (“Supported Products”) for the applicable Service Package, all as described at the following online webpage: http://digiwise.weebly.com/packages.html (“Service Package Support Page”). DIGIWISE reserves the right to amend the Support Services provided and/or Supported Products covered under a Service Package, at any time, by posting updates to the Service Package Support Page. DIGIWISE will not amend the Support Services and/or Supported Products in a way that (i) reduces the level of effort DIGIWISE provides under the Support Services, or (ii) materially impacts DIGIWISE’s obligation to deliver the Support Services as paid for by Customer;, or (iii) materially impacts the rights that Customer receives under the Support Services.. In the event of any inconsistencies between the terms in this document and the terms at the Service Package Support Page, the terms at the Service Package Support Page will govern.
2. Limitations.
2.1 Support Incidents. Service Packages are provided in single, multiple or unlimited Support Incident packages. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. DIGIWISE will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. DIGIWISE, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that identifies the problem as being resolved by upgrading to a newer software release; or newer compatible hardware; or (e) notice that the problem has been identified as a hardware equipment issue.
Under a Service Package with a limited number of Support Incidents, each new Support Incident contact made by Customer will decrease the remaining number of eligible Support Incidents.
2.2 Response Times. DIGIWISE will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Service Package (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period.
2.3 Technical Contacts. Support Services are provided to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Service Package (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Customer and DIGIWISE for technical support of the Service Package.
3. Customer Responsibilities. To receive Support Services, Customer must PURCHASE A Service Package and follow the access instructions provided by DIGIWISE. Customer is responsible for all fees in establishing and maintaining email and telephone communications with DIGIWISE. Customer will cooperate with DIGIWISE when seeking Support Services by providing information necessary to assist DIGIWISE diagnosing an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will not disclose to DIGIWISE confidential, proprietary or any information that is subject to intellectual property rights that may expose DIGIWISE to liability. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Support Services to a third party.
4. Remote Access Support Services. As part of a Service Package, DIGIWISE may provide Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on Customer’s computer through the installation and use of remote access software. Installation and use of the remote access software by Customer indicates its permission for DIGIWISE to provide Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with DIGIWISE. While remote access Support Services are provided, DIGIWISE will only access, control and gather information on Customer’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. DIGIWISE recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.
4. Books and E-Books. As part of a Service Package, DIGIWISE may provide books, articles and documentation to Customer on an ‘as is’ basis without warranty or guarantee of results.
5. Disclaimer of Warranty. ALTHOUGH DIGIWISE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, DIGIWISE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PACKAGE IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, DIGIWISE AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, DIGIWISE'S AND / OR ITS LICENSORS’ LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE PACKAGE PURCHASED BY CUSTOMER. IN NO EVENT SHALL DIGIWISE AND/OR ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, OR PERSONAL USE OF COMPUTER(S), DEVICE(S) OR PERIPHERALS; PERSONAL DATA, DOCUMENTS, FILES AND / OR PHOTOS ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT DIGIWISE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OTHER DISCLAIMERS MAY BE CONTAINED IN THE LICENSING TERMS APPLICABLE TO THE REMOTE ACCESS SOFTWARE. IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.
7. Term and Termination. A Service Package will continue for the completion of the Service Package, or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by DIGIWISE in writing). DIGIWISE will not provide Support Services beyond the end of the Service Package unless another Service Package is purchased. DIGIWISE may terminate a Service Package at any time (a) if Customer fails to pay fees due for a Service Package, or (b) if after providing Customer no less than five (5) days prior written notice, Customer fails to cure a breach of these Terms and Conditions. There are NO REFUNDS PROVIDED.
8. DIGIWISE; Governing Law. “DIGIWISE" is identified in the table below according to the Customer’s country of residence. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED IN THE JURISDICTION OF SOMERSET, NJ.
9. Additional Services or Software. Any additional services provided, as part of a Service Package will be governed by these Terms and Conditions. In the event that Support Services are provided at a Customer’s location as part of a Service Package, Customer will ensure that DIGIWISE is granted access to the location at the arranged time and will secure a safe working environment sufficient for DIGIWISE to perform the Support Services. In the event that software is provided as part of a Service Package, such software is the copyright of third-party owners.
10. Data Protection. Customer agrees and understands that it is necessary for DIGIWISE to collect, process and use Customer data in order to perform the service and support obligations under the Service Package. This may include transferring Customer data to affiliated companies or service providers in accordance with the terms of the DIGIWISE Privacy Policy (http://digiwise.weebly.com/privacy.html). DIGIWISE will protect Customer’s information in accordance with the DIGIWISE Privacy Policy. If Customer wishes to have access to the information that DIGIWISE holds concerning it or if Customer wants to make any changes. DIGIWISE may record part or all of the calls between Customer and DIGIWISE for training, quality assurance and reference purposes.
11. Processes & Protocols; Pricing and Payments for Project Consulting, Service Packages, Plans, Promotions and Special Offers.
11.1 Processes All Computer Support calls, home visits and online / remote sessions are subject to a disclaimer. Clients must indicate their agreement to these Terms of Service contained herein, before computer support can be provided.
11.2 Protocols. Service Delivery: (1) At Your Home - Guidance, Assistance, Learning (in-person) - 2 hours min; (2) Online Coaching (phone / Skype) - 30 minutes per session; (3) Online Questions / Check-ins (phone / Skype) - 10 minutes max.
11.3 Pricing and Payments
- Pricing is subject to change, unless guaranteed in writing (email is OK) - (signed and dated contract detailing activities, deliverables and timelines.
- Quotes are valid for 30 days.
- Service Packages and Special Offers & Plans are payable 100% in full, in advance.
- Services are charged in Canadian or US funds.
- Sorry, no refunds.
- Projects <$750 are payable in full, prior to project start.
- Projects >$750 require 50% payment, prior to project start.
- We accept Visa, MasterCard and Email Bank Transfer.
- Applicable taxes are extra and not included.
11.4 Promotions and Special Offers From time to time, DIGIWISE may provide special offers to benefit its Customers. These may be modified or withdrawn at any time, without prior notice, unless bound by a written, contractual purchase agreement (i.e., payment for services on a DIGIWISE or DIGIWISE AFFILIATE WEBSITE.
12. General. Customer may not assign its rights or obligations under a Service Package. Any unauthorized assignment will be void. DIGIWISE will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between DIGIWISE and Customer with regard to the Service Package and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and NO addition to or deletion from or modification of any of the provisions hereto shall be binding upon DIGIWISE unless made in writing and signed by an authorized representative of DIGIWISE. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.
DIGIWISE DIGITAL SOLUTIONS LLC
152 Nantwich Ct.
Somerset, NJ 08873
UPDATED: FEBRUARY 4, 2019
