TERMS OF SERVICE
As a requirement, prior to you being able to use any of the tools, functions and services offered to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any element of this site, or use any functions, tools, or services that this site offers, register as a member, or view any text or graphics, such activities on your part means explicitly and definitely that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement, you must leave this Site promptly and you may not retain our services.
Service Plans and Related Information
All service plans are subject to modification or cancellation at any time with no prior notice. DiziFizi IT Services LLC, California, USA and/or DiziFizi IT Services reserves the right to cancel service at any time with no prior notice, for any reason they in their sole discretion, deem appropriate.
“SOFTWARE”
“Software” means a computer program of any kind, whether owned by DiziFizi IT Services 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. No software may be copied or distributed without prior authorization from DiziFizi IT Services. Software includes both DiziFizi IT Services Software and all Third Party Software.
A Technician will take you through the download process of secured and safe software.
“SUBMISSION OF PLAN ORDERS; SERVICE PLANS”
You may order Services through our DiziFizi IT Services in person or virtual appointments or by calling DiziFizi IT Services. Once DiziFizi IT Services accepts the Plan Order submitted by you, you will then receive an email from DiziFizi IT Services at the email address that you provide or have provided to DiziFizi IT Services as part of the Registration Process for the Services. DiziFizi IT Services is not responsible for rendering services in connection with any Plan Order that it has not accepted. Upon acceptance by DiziFizi IT Services of a Plan Order, you will have an active Service Plan.
RENEWAL POLICY
You understand that DiziFizi IT Services subscription will renew at end of your subscription cycle unless explicitly stated otherwise. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with DiziFizi IT Services. If you would like to opt out of the ‘Auto Renewal’, please mail us at sales@digitalmechanics.co or call at least 30 days prior to your subscription end date to discontinue your service.
REFUND POLICY
For subscription based plans; a full refund will be issued if DiziFizi IT Services has not been able to resolve even a single issue for you within the first 15 days of the subscription. If there are one or more resolved issues, the fees for the Service will not be refundable. Notwithstanding this DiziFizi IT Services may, at its sole discretion and on a case-by-case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. For incident based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites, which were required to resolve the problem, and Issue was not resolved till the time account was active.
The issue is out of scope for the particular plan.
15 days have not passed after a DiziFizi IT Services Tech-Expert last worked upon the issue.
Disputes
If you are dissatisfied with the work performed, you must submit your complaint in writing within seven calendar days of the service being performed otherwise you expressly relinquish any ability to dispute the quality of service and any related refusal to pay our service and related charges. We will act in response to your written complaint as soon as we are able to and will endeavor to resolve the issues regarding your complaint. All complaints that are not resolved will be resolved by mandatory, binding arbitration as set forth herein.
Failed Service Attempts
We will act in all reasonable ways to establish the nature of the problem(s) that require our professional attention and to locate, analyze and correct those errors or problems. Nonetheless, we do not guarantee that, despite our best efforts that we will be able to successfully resolve the problems you have retained us to check up and repair. Consequently, you are still liable for and must pay us for our time spent attempting to repair your problems even if we cannot, using all reasonable efforts, produce actual repairs.
Trademarks, Service Names, Service Marks, and other Intellectual Property
You are not authorized to use our trademarks, name, or any aspect of our various elements of intellectual property in any manner, including advertising, publicity or any commercial or non-commercial nature without our express written consent.
Right to Refuse, Suspend or Terminate Service
We reserve the right to refuse, terminate, or suspend service to any user for any reason we deem, in our sole discretion, to do so, without any prior notice. Typically, we will suspend, terminate or refuse service if we determine that a user is using a computer system in an improper or illegal manner, providing indecent or obscene content, violating the rights of privacy or publicity, violating the civil rights of others, conducting actions that defame a third party or entity, are publishing “hate” or intolerant material, or are threatening or harassing others. However, we may also suspend, refuse, or terminate service for any reason that we, in our sole discretion, consider inappropriate.
Expiration of Service
We fully reserve the right to expire any prepaid and unused professional time and services that remain on your account if such has not been used within a year of the original purchase date. Such unused professional time and services will thusly expire and shall not be usable or refundable upon expiration. We shall have no duty to notify you of our decision to expire the unused professional time or services or any pending expiration.
Minimum Requirements
For service you must have a broadband or high speed connection to the Internet to receive service and your computer must be actively connected to the Internet through a broadband or high speed connection at all times service is rendered or to be rendered by us. You must also have a registered, valid copy of Microsoft Windows 2000 or newer installed as your system’s operating software during all service periods. Your computer must be connected and operating while we are conducting repair, diagnosis, or downloading software or otherwise installing repair-related materials. You must allow us to download and install recommended software, including software that will require you to pay a licensing fee if ample freeware is not available and you will be responsible for all licensing fees and registrations for the same. You also agree that we may remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive of the appropriate efficiency or working of your computer. We will endeavor to gain your prior approval before we install software or delete software, but you agree that we may delete and/or install software at our sole discretion without your prior approval if we deem it, in our exclusive discretion, to be in your best interest for us to do so and you agree to hold us harmless from any loss/failure of any nature relating to our installation And/or deletion of software on your computer. If you have Microsoft Vista installed on your computer, you may be required to disable your User Account Control (UAC). If you do render inoperative the UAC, you understand that your computer may be vulnerable to Malware and other harmful programs and scripts during the short period that we are accessing your computer and you agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or your failure to correctly and promptly re-establish your UAC protections. You agree that you will promptly reactivate your UAC as instructed by us when we expire our access to your computer.
General Site Rules
Clients, site members, and visitors may not:
Infringe the law of any jurisdiction while visiting our site or using any service or tool that we provided.
Cyber-stalk or Harass any user.
Conduct any activity that is detrimental or harmful to our site as exclusively determined by us.
Post any information or content that is indecent, defamatory, obscene, hateful, blasphemous or intolerant in nature or in violation of the laws of any jurisdiction.
Upload any material that is harmful to our user’s computers or objectionable/abhorrent to our community as a whole.
Evasively and dishonestly represent yourself as another person or as a representative of a business or entity that you do not in reality represent.
Wrongly and inaccurately represent your professional or business credentials or professional background. In your jurisdiction you must be of adult age to use this site or to become a client of this site. In any event, no member or user may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minors/ children but are solely accountable for the direct supervision of their children while their minors visit the site or use any of the services/tools that the site provides. We may post policies, rules, or guidelines. Upon the posting of such materials from time to time, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Some rules that cannot be infringed by members or users include the following:
Raciall prejudiced, intolerant, “hate,” defamatory, “stalking,” invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as improper and offensive, will result in membership termination without any prior notice. * Spamming. Any activity generally described as “spamming” by the Internet Community, such as unsolicited bulk mails or emails, irrelevant or commercially based postings for any purpose will effect in membership being terminated without any prior notice whatsoever to the member. Any user may terminate their membership or use at this site at any time. We may terminate membership or usage of any person or entity at any time for any reason we deem appropriate and right with no prior notice to the person or entity whose usage or membership is being terminated. We have also published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if completely set forth herein.
Website Development Cancellation
If site design and development work has already begun (such as creating a design concept), then the payment is non-refundable. DiziFizi IT Services my elect at its sole discretion to offer a partial refund depending upon the circumstances.
Description of Ongoing Costs:
There are 2 types of ongoing costs: domain registration and hosting.
– Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly recommend that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
– Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through DiziFizi IT Services, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with DiziFizi IT Services to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Shortgrass fifteen (30) days before the renewal date that you do not wish to renew the account.
Hosting Cancellation Payment Obligations
You may cancel at anytime. If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. DiziFizi IT Services will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by DiziFizi IT Services for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Refunds will be issued back to you within 15 business days from your cancellation date.
Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider DiziFizi IT Services can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.
Limited 30-day Money Back Guarantee on Hosting
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
Sites NOT Hosted by DiziFizi IT Services
Should client decide to host their site on another server, DiziFizi IT Services cannot guarantee all elements of the site will work. DiziFizi IT Services will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If DiziFizi IT Services believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.