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By using any of the services of Digital Lifeline, Inc., you are agreeing in full to the following Terms of Service: 1. Your Responsibilities
1.1 You must have valid software licenses for your operating system and all applications on your computer(s). You must supply details of the relevant license keys if we ask you for them. 1.2 You must back up your Software and Data. You agree that prior to the technician arriving on-site to perform diagnostic repairs or to provide other technical support on or in connection with your computer(s), it is solely your responsibility to protect your personal computer and to back-up all data, software, information and other files that are stored on any and all computer disks and drives you may have. 1.3 You must make sure an adult is present. For any on-site services that we supply, a person of at least 18 years of age must be present the entire time that our technician is on your premises. 1.4 You agree to follow our reasonable instructions, including any security instructions. This may include installing any equipment of software that we advise and following any other reasonable instructions that we may give you in regards to the service we provide. 1.5 You must give us access to your equipment. You must provide our technician with full access to the computer(s) and/or peripheral(s) to be serviced and such access as is necessary to your residence. You agree to give your consent for the technician to perform service and also agree to co-operate fully and provide the technician with a safe working environment, working space and electrical power.
1.6 If you are unable to comply with any of the above requirements, we may be unable to or will be entitled to decline our service to you. We may also charge you a cancellation fee at our discretion in these cases.
2. Liability 2.1 You acknowledge that there are inherent and often unforeseen risks in technology support services and that while we will use all reasonable means to avoid failures and data loss, we may encounter them due to circumstances beyond our control. 2.2 We will not be responsible to you: (i) For any inherent failures in or caused by the supported applications and operating systems or third party products supplied by us (ii) For any failures which result from improper, invalid or expired software licenses (iii) For the repair or replacement of any existing equipment that is faulty (as reasonably diagnosed by us during the provision of our service to you) (iv) For any failure by you to follow our reasonable advice, recommendations or instructions (v) If either we, including without limitation any of our technicians, agents, contractors or third party service providers are impaired or stopped from providing the service by you for any reason whatsoever or are otherwise unable to provide a service to you as a result of any event that is outside our reasonable control 2.2.6 For any damage to your hardware or equipment caused by circumstances beyond our reasonable control. 2.3 Our technician will use reasonable means to keep any appointment you make with us for our on-site services, but we cannot guarantee that the technician will arrive on time in each case. If a technician is delayed, he or she will try to contact you a reasonable time in advance to let you know of any expected delay. From time to time, factors outside our control may also require that we re-schedule an appointment. If this is required, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment due to circumstances beyond our reasonable control. 2.4 We shall not be liable to you for: (i) any loss that is not reasonably foreseeable; (ii) any loss calculated by reference to profits, income, or business (or loss of such profits, income, or business); (iii) any loss of goodwill; (iv) any loss or corruption of data; or (v) any losses you may suffer arising from your use of (or failure to use) any security software. 2.5 We do not accept liability for the acts or omissions of any providers of telecommunication services. 2.6 Our aggregate liability, whether in contract or for negligence or breach of statutory duty or otherwise, to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed $2,000 for any one incident or series of related incidents. 2.7 The limitations of liability set out in this document are in addition to any other provisions limiting our liability set out elsewhere in these terms of service. 2.8 Nothing in these terms of service shall impose any liability on us in respect of non-performance of a service where the performance claimed is outside these terms of service or where such non-performance is directly due to your acts, omissions, negligence or default. 2.9 We shall have no responsibility to you for any goods, services, information, software or other materials that you use or obtain when using your personal computer whether offline or online for accessing the Internet (including e-mail).
3 Service Terms
3.1 Guaranteed solutions. If you utilize our services, we will use reasonable skill and care when attempting to diagnose and fix the particular technical problem you are experiencing. We will not charge you if we are unable to fix the problem, provided you have fully complied with these terms of service. If you have not complied with these terms of service, a cancellation charge may apply. 3.2 Service warranty. If the same issue we have fixed occurs again within 30 days as a direct result of the same cause(s) we identified when we fixed it for you the first time, provided you have fully complied with these terms of service, we will: (i) try again to fix the problem at no extra charge; and (ii) if we cannot then fix the problem again, we will return your money at the full purchase price for the services performed. Warranty period commences upon completion of the original call and period does not reset after each subsequent warranty visit. 3.3 Product warranty. All products sold by Digital Lifeline, Inc. include a 30 day replacement guarantee in case of manufacturing defects. Beyond this period, products carry only their manufacturer warranties. We will provide any information necessary to contact the manufacturer for returns free of charge but may at our discretion, charge a fee for processing returns on your behalf. 3.3 Exclusions. For any service of a virus or spyware, each of the above warranties is only valid if you had up-to-date security software before the service call or purchased it during the call itself. This service warranty excludes any additional problems caused by defects in hardware customer owned prior to the service call. 4 Charges and Payment 4.1 All of our services are charged on delivery and payment is expected in full before technician leaves customer’s site unless otherwise agreed upon in advance of appointment. We do not offer credit terms under any circumstances. Visa, MasterCard, American Express or business cheques are accepted as payment. Personal cheques are accepted only at our discretion. If an arrangement is made for delayed payment, warranty service will only be provided after payment is rendered in full. However, warranty period will commence after original call was performed as per section 3.2. 4.2 The charge for a technician to visit your home and provide service is based on a service based time allocation (available on request), but notwithstanding this you acknowledge that in visiting your home we will be using a reasonable amount of time to complete the job (which may be more than the service based time allocation), unless you instruct us otherwise. If you do not use the entire time allocated, you will not receive any discount or refund for the unused period and you may not save it for a further visit. If we are required to stay longer than the time allocation or if you otherwise need to extend the period of your appointment, you may be required to make a further appointment at another time if the technician’s schedule does not permit staying the time required in a single visit and additional charges may apply. The technician will advise you of this during the appointment. 5. What happens if you want to cancel, re-schedule or if you miss an appointment 5.1 Cancelling or re-scheduling an appointment. You may cancel or re-schedule an appointment at any time up to two hours before the appointment time without charge. If you wish to cancel or re-schedule after this time, we may charge you a cancellation or re-scheduling fee at our discretion. 5.2 Missed appointments. If you are unable to keep a appointment you have made with us, we may bill a cancellation charge at our discretion. 6 Use of Your Information 6.1 We respect your personal information and undertake to comply with the Personal Information Protection and Electronic Documents Act. These statements (and any other applicable references on our website) describe the privacy practices relating to Digital Lifeline, Inc. including our services provided at your home or office, remotely and through our call centers. When you provide us with your personal information, you consent to these practices described in this policy. We may retain information that you provide to us (such as by telephone or e-mail) or that we may obtain from another source (such as our suppliers or marketing organisations). 6.2 What Information we may collect. While taking advantage of services from Digital Lifeline, Inc, you may be asked to provide personal information in order to facilitate your transaction. We may also retain information that you provide when you contact our call center to schedule an appointment for services at your home or office or for assistance or with a question. This information may include your name, address, telephone numbers, email address, bank and credit card information, and details of how you use our services. This information will be kept confidential within the guildelines laid out in the Canadian Personal Information Protection and Electronic Documents Act. We respect your privacy and take it very seriously. 6.2.1 Monitoring or recording of phone calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime. 6.4 How Your Information may be used. Your information is retained and used by us in the course of providing you with agreed upon services. It may also be held and used by us for a number of other purposes and we may use third parties to support us with these purposes. The third parties with whom we conducts business are only authorized to use your personal information to perform the service for which they were hired. As part of their contractual obligations, these providers are required to follow the privacy guidelines provided to them and to take reasonable and appropriate measures to ensure your personal information is secure. We may use third parties without limitation as described below: 6.4.1 Processing your order; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to banks and credit card companies to validate your credit card details; dealing with requests, enquiries or complaints and other Customer Care related activities; debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes; 6.4.2 Carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or 6.5 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using our services we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms. 6.6 In the event that Digital Lifeline, Inc. undergoes a re-organisation or is sold to a third party, you agree that your personal information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of these terms of service. 6.7 Digital Lifeline, Inc. will never sell your personal information to third parties under any circumstances and will not use your personal information to enrol, contribute to or otherwise involve you in third-party marketing initiatives without prior consent. 7 Transfer You may not transfer the whole or any part of the Contract without our prior written consent. 8 Disputes 8.1 If you have a complaint or query regarding any aspect of either of our services, please contact us via one of the methods listed in the Contact Us section of our web site. 9 General 9.1 If any particular clause of these terms of service shall be, or be held to be, invalid or shall not apply to your contract with us, the other clauses of these terms of service shall continue in full force and effect. 9.4 Failure by either you or us to exercise or enforce any right conferred by statute or these terms of service shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date. 9.5 These terms of service, and all other legal relationships between us shall be governed by Canadian law and are subject to the exclusive courts of Canada. Please contact us with any inquiries regarding these terms of service.
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