Terms &
Conditions
1. Definitions
1.1 You/Your means the person contacting DLG Systems Consulting and/or anyone who authorizes access to
the computer system to be serviced.
1.2 We/Us means DLG Systems Consulting.
1.3 Hardware means any physical equipment directly involved in the performance of data-processing or
communications functions.
1.4 Software means the programs, routines, and symbolic languages that control the functioning of the
hardware and direct its operation whether owned by customer or licensed directly to customer from a third
party.
1.5 Peripheral means any device with an external connection to the computer system such as printers,
monitors and scanners.
1.6 Product means any hardware or software.
2.
Services
2.1 Your Responsibility: YOU UNDERSTAND AND AGREE
THAT PRIOR TO CONTACTING OR ALLOWING US TO PERFORM ANY DIAGNOSTIC OR REPAIR ON YOUR COMPUTER, IT IS YOUR
RESPONSIBILITY TO BACK-UP THE DATA (FILES, SOFTWARE, OR ANY INFORMATION) STORED ON YOUR COMPUTER SYSTEM. YOU
ACKNOWLEDGE AND AGREE THAT DLG SYSTEMS CONSULTING SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCE FOR ANY
LOSS OR CORRUPTION OF DATA.
2.2 Limitations to
service: At any time, we reserve the right to refrain from providing any
or all services ordered and instead refund the customer's payment, wholly or in part, and shall not be responsible
under any circumstance for any loss.
2.3 Authority: You should provide us with the name(s) of authorized person(s) to direct our services and
questions. Also, an employee must be must be
present for us to provide any service on-site. If not available,
we may decline to provide service and a displacement fee may be billed.
2.4 Access: We must receive full access to the computer(s) and/or peripheral(s) to be serviced. Your
consent and cooperation to enter your premises and a safe working environment with working space and electrical
power is your responsibility. If not available, service may be denied and a displacement fee will be
billed.
2.5 Assumptions: We assume that all computer system and software keys are legal and legitimate. All hardware,
software and peripherals are assumed to be free from defect and viruses unless clearly stated by you. Any damage
arising is your responsibility and you will keep us free from any proceeding.
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3. Warranties and Return Policy
3.1 Service: Warranty on services applies during
twenty (20) days following the invoice date unless stated otherwise on the invoice. Warranty will be provided
by any means reasonable and practical under the circumstances as determined by us.
3.2 Products: Warranty is covered through manufacturer’s warranty terms and conditions. At its own
discretion, we may assist you in claiming the warranty but may apply standard billing rates for
services.
3.3 Exclusions: Service warranty excludes any damages caused by you. For example: abuse, misuse, accidents,
problems with electrical power, tampering of the products, use of products not supplied by us, damage resulting
from moving the product, usage not in accordance with instructions for the product; failure to perform required
maintenance or the performance of maintenance by anyone else than us, damage caused by modifications, changes,
additions or attachments of any product, damage caused by failure to provide a suitable environment for the Product
or Peripheral, or damage caused by use of the Product or Peripheral for purposes other than those for which it was
intended, damages caused by viruses, malware, spyware contained in the products used or contracted through the
internet or any other means.
3.4 Loss of
Warranty: If any product is added to the system and not installed by
us all of Warranties will be null and void.
3.5 Third Party
Agreement: You acknowledge and agree that you are responsible for
compliance with all applicable licenses or other agreements with respect to Software. You further agree that any
request by you for installation of software by us shall constitute your representation and warranty that you have
the right to use the software in the manner in which it is then being used, and we shall have no liability
whatsoever for breach of any license or other agreement between you and any third party, and you agree to indemnify
and hold us harmless from any and all liability, damages, costs and expenses arising out of the breach of or
noncompliance with any such third party agreement.
3.6 Manufacturer
Warranty: You acknowledge and agree that the performance of certain
repair services by us may void certain warranties provided by the manufacturer. You understand and agree that
by giving us your authorization to perform the repair, you will lose these warranties and that we will not
carry any liability for them.
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4. LIABILITY
4.1 RELEASE OF
LIABILITY: UNDER NO CIRCUMSTANCES SHALL DLG SYSTEMS CONSULTING BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, ANY EXPENSES INCURRED, LOSS OF PROFITS, LOSS OR CORRUPTED DATA, OR OTHER LIABILITY ARISING
OUT OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, SOFTWARE, PERIPHERALS, OR NETWORK RESULTING FROM THE
SERVICES PROVIDED HEREUNDER.
4.2 LIMITATION OF
REMEDY: BY REQUESTING SERVICES FROM DLG SYSTEMS CONSULTING YOU
AFFIRMATIVELY RELEASE AND HOLD US HARMLESS FROM AND AGAINST ANY PROCEEDINGS FOR LOSS, LIABILITY, OR DAMAGE THAT YOU
OR THE OWNER OR LESSEE MAY SUFFER. FOR THE LIABILITIES NOT WAIVABLE UNDER ONTARIO LEGISLATION, WE LIMIT OUR
LIABILITY TO THE FEES WE CHARGED.
4.3 Severability: The terms stated herein are declared to be severable. If any provision of contained herein
is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of
the remaining provisions shall not be affected or impaired.
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5. Prices and Payments
5.1 Prices: Any prices contained in any quotation, purchase order or contract are subject to all
applicable federal and provincial taxes, and you are responsible for them.
5.2 Payment: Fees due for orders for Service, Software and Hardware may be treated as separate orders.
Software and Hardware fees may be due before installation or time of service.
5.3 Late Fees: Surcharges for late payments may be charged after thirty (30) days from the date of invoice.
The rate of 5% per month may be charged on accounts past due.
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LEGAL NOTICES
This
website is operated within in the province of Ontario, Canada. Any dispute will be subject to the laws of
Ontario.
All content of this website is protected by copyright and other proprietary rights.
Without a written authorization you may not copy, modify, remove, delete, publish, transmit, distribute, reuse,
repost, "frame", sale, lease or rent in any way any content, in whole or in part of this site.
Some links to third-party sites are provided for your convenience. DLG Systems
Consulting makes no representation or warranty as to their fitness for any particular purpose.
We reserve the right to change our policies at any time. You should visit the Legal
Terms portion of our site to get the most up to date conditions.
If you have any questions, concerns or you require further details on our privacy
policy, please do not hesitate to contact us at Info@dlgsc.com.
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