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Availability of Services:

Digital Needs Services’ PC support services and network technical support services and products (collectively, The “Professional IT Services”) are available only to one (1) registered user (each, a “Customer”) for one (1) or more computer systems/network devices registered (each, a “Registered System”) with Digital Needs Services under all support plans. From this point forward Digital Needs Services will be referenced as (DNS).

Supported Technology:

The Professional IT Services include on-site technical support services for the following platforms, devices, operating systems, and other items listed in the Appendix A section of this document. As new computer technology becomes generally available, DNS will use its best efforts to support such technology as well.

Digital Needs Services’ Responsibilities:

DNS will use its best efforts, as measured by the standards of what is commercially reasonable, to resolve Customers’ basic computer technical problems for a Registered System. DNS will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Resolution times may be delayed due to research and inquires, as may be necessary. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable. DNS has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Customer’s technical problem.

Customer’s Responsibilities:

Customer is responsible for providing DNS with complete information concerning each Registered System. Prior to seeking technical support, Customer is solely responsible for adequate protection and backup of Customer’s data, software and/or hardware. Customer understands and acknowledges that DNS shall not be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any technical support services, other services, or products provided by Digital Need Services.

Repair Service & Parts Replacement:

Onsite Repair Services provided under the appropriate support plan shall be available to the customer immediately following the effective date of a new or upgraded support plan. Additional charges for necessary replacement parts will apply subject to Customer approval. All support plans must be called in between the hours of 8:00 am – 5:00 pm, or any services not covered by the scope of your corresponding support plan will be billable at the hourly rate outlined in the Appendix B section of this document. Service provider makes no representation nor does it guarantee exact replacement parts.

Optional Services:

Optional onsite services for software, hardware, installations, and other support services outside the scope of the standard services are available on an hourly basis. Additional service charges will apply and will be quoted on a case-by-case basis. New equipment added after contract is in place will be billed at the hourly rate. DNS will direct bill.

Renewal & Cancellation:

Each Digital Needs Service support plan will be automatically renewed for another annual support plan term on the anniversary of Customer’s original enrollment date (the “Anniversary”), at the same annual fee and plan type, unless Customer notifies DNS thirty (30) days prior to the Anniversary that Customer elects not to renew the support plan. If Customer decides to change the type of support plan a call to DNS at (707) 460-3314 within 14 days prior to the Anniversary date should be made to discuss such changes. Refunds will not be given for early cancellation of any support plans.

No Warranties:

DNS Professional IT Services, and all other information, documents, products, software, downloads, repair services, advice and information provided by DNS are provided “as is” and without warranty of any kind, either expressed, implied or statutory, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. DNS assumes no responsibility for any errors, omissions or other inadequacies in the Professional IT Services, or any other information, documents, products, software, downloads, repair services, advice, and information provided by DNS.

Memberships Non-Transferable:

DNS support plans, and all rights of Customers to receive Professional IT Services, are non-transferable.

Limitation of Liability:

In no event shall DNS be liable to any person for any special, general, incidental, indirect, consequential, or punitive damages of any kind, including, without limitation, those resulting from loss of use, loss of data, lost profits or computer hardware damage, in connection with any of the professional IT services, or any other information, documents, products, software, downloads, repair services, advice, and information provided by DNS whether such person is advised of the possibility of such damages.

Force Majeure:

In the event DNS’ delivery of the Professional IT Services is delayed, prevented or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer “hacking” attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond DNS’ reasonable control, then DNS shall be excused from such delivery to the extent that it is delayed or prevented by such cause.

Modifications of Terms of Service:

DNS reserves the right to amend the Terms of Service that govern use of the Professional IT Services at any time by (a) posting a revised version of the Terms of Service on the DNS website (www.digitalneedsservices.com/legal/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provides. Customer is responsible for regularly reviewing the DNS website to be notified of any amendments to the Terms of Service. Customer’s continued use of the Professional IT Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Customer shall be deemed acceptance by Customer of the amended Terms of Service.

Fair Usage Policy, Suspension or Termination of Support Plan:

Though DNS has set no fixed upper limit on the number of support requests a Customer may make annually, each Customer’s use of the Professional IT Services is subject to DNS’ “fair use” policy. Under this policy, if at any time, in DNS’ sole discretion, Customer’s use exceeds the level of use reasonably expected from someone using any of the support plans, then DNS reserves the right to suspend or terminate Customer’s Professional IT Services. In addition, DNS reserves the right to upend or terminate any Professional IT Services of any Customer that DNS, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Customer, or (c) for any computer system other than a Registered System.

Events of Default:

The following shall be denominated as Events of Default:
  1. ) The failure of Customer to pay DNS as set out under this Contract when DNS has fully performed under the terms of this Contract;
  2. ) The failure of DNS to complete, without termination this Contract;
  3. ) The failure of DNS to complete this Contract by performing all the conditions herein;
  4. ) Either party instituting proceedings under any bankruptcy act, insolvency law or any law for the relief of debtors;
  5. ) Either party instituting proceedings for the appointment or application of a receiver for the other party;
  6. ) Either party making an assignment for the benefit of Creditors;
  7. ) A party other than DNS and the Customer initiating involuntary proceedings under any bankruptcy act, insolvency law or any law against Either party, which Either party fails to have terminated or discharged within thirty (30) day; or
  8. ) A party other than DNS or the Customer initiating proceedings for the appointment or application o a receiver for Either party, which Either party fails to have terminated or discharged within thirty (30) days;
  9. ) Either party materially breaching this Contract pursuant to the terms and conditions thereof.

The Process of Termination:

In accordance with the terms and conditions set out below, this Contract shall be subject to Termination by either party shall be effective immediately. Either party may terminate this Contract pursuant to the following terms and conditions:
  1. ) If any party is in violation of one (1) or more of the listed “Events of Default” as further set out in this Contract. The party who is not the “Defaulting Party” may terminate the Contract by giving notice to the Defaulting Party of their intent to terminate this Contract. A party having the right to terminate this Contract may exercise such right by giving the other party a written notice stating the Contract is terminated as of the late of the date of the notice or the permitted termination date;
  2. ) Termination by the Customer for cause: The customer may terminate the Contract if DNS: (1) Persistently fails to supply enough properly skilled workers or proper materials; (2) Persistently disregards laws, ordinances or rules, regulations orders of a public authority having jurisdiction; or (3) Otherwise is guilty of substantial breach of a material provision of the Contract.
  3. ) Termination by DNS for cause: DNS may terminate the Contract if the Customer: (1) Fails to make payments to DNS for materials or labor in accordance with the terms of the Contract; (2) Otherwise guilty of substantial breach of material provision of the Contract Documents.
  4. ) During the initial terms or any subsequent term thereafter; DNS may terminate this Contract without cause, for any reason or no reason at all, in its sole discretion, by giving the Customer thirty (30) days’ notice of intent of DNS to terminate the same.

The Effect of Termination:

  1. ) If either party terminates this Contract as permitted in the Events of Default and Process of Termination above, the following stipulations are agreed upon: (1) The party who is in material breach of the Contract shall pay to the non-defaulting party all sums due under the Contract/. Said sums due under the Contract are accelerated at the time of Termination of the Contract.
  2. ) In the event the Customer is the “Defaulting Party”, then in that event, the following shall occur: (1) The Customer is to pay DNS all monies due under the Contract.
  3. ) All other remedies shall be set out in accordance with California law are applicable to both parties;
  4. ) Subject to the above provisions, termination of this Contract is without prejudice to any other rights or remedies of the parties and is without liability for any loss or damage occasioned by termination. Termination of this Contract does not release either party form any liability which, at the time of termination, has already accrued to the other party, or which may accrue as a result of any act or omission prior to termination or from any obligation which is expressly state to survive the termination.

Right to Cure:

The Customer shall be responsible to notify DNS in the event of a default of performance to this Contract. The Customer shall be required to provide to DNS a written notice of the specific breach for which the requesting party is setting out as the condition of default. Once said written notice has been received by DNS, DNS shall have a commercially reasonable time, not to exceed fourteen (14) days from the date of receipt the notice of default, in which to affect a cure.

General:

In addition to the Terms of Service, Customer agrees to be bound by the Privacy Policy and all other legal notices contained on the DNS website, which collectively constitute the entire agreement between Customer and DNS. DNS may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms of Service, without regard to conflict of law principles, The Terms of Service shall be construed as if it was executed and performed in Crescent City, California. Any cause of action by a Customer or other viewer of this document must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. 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. DNS’ failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor the right to enforce such provision. This document may contain reference to DNS products, services, and programs that are not available in an individual area. These references do not imply that DNS intends to make such products, services, or programs available in such area.

Appendix A: Supported Items

Networking Equipment:
  • Switches
  • Routers
  • Firewalls
  • Print Servers Wireless
  • Access Points DSL & Cable Modems
Operating Systems:
  • Microsoft Windows Operating Systems
  • Mac OS X Operating Systems
  • LINUX Operating Systems
  • Hardware (on supported Operating Systems)
  • Servers
  • System Units (PC’s and Mac)
  • Laptops, Tablets & Handhelds
  • Monitors
  • Printers
  • Sounds Cards
  • Video Cards
  • Modems
  • Network Adapters
  • Storage Media
  • Optical Drives
  • Digital Cameras
  • Scanners
  • PC Cards/PCMCIA
  • SCSI Devices
  • USB Devices
  • Various other Hardware, Software and Equipment may be available upon request.

Appendix B: Professional Services Hourly Rates

  • $70/hr 9:00 AM – 5:00 PM Monday – Friday
  • $150/hr 5:00 PM- 8:00 AM Monday- Friday & Weekends
  • *These rates are negotiable during initial signing of the contract.