SUBMISSION OF PLAN ORDERS; SERVICE PLANS Customer may order Services by submitting Plan Orders through the Digital Que LLC Portal or by calling Digital Que LLC . Once Digital Que LLC accepts the Plan Order submitted by Customer, then Customer will receive an email from Digital Que LLC at the email address that Customer provide or have provided to Digital Que LLC as part of the Registration Process for the Services. Digital Que LLC is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Digital Que LLC of a Plan Order, Customer will have a Service Plan.
UNDERTAKING Subject to the Terms and Conditions, and other terms specific to each Service Plan, Digital Que LLC will address Customer query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Digital Que LLC will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. Customer understand that if remote access is used on Customer computer there will be no residual software from the remote session; however, there may be a text file placed on Customer computer that will explain the work that was done on Customer computer. If such a text file is placed on Customer computer, Customer have the option to either save the file for future reference or to delete it from Customer computer. All undertakings under Service Plans are subject to Digital Que LLC Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-298-2392 Customer agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
PAYMENT Services against any Plan Order will be available once Customer has made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by Digital Que LLC on behalf of Digital Que LLC Software Services Private Limited. Digital Que LLC has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. Customer understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable for Plan Orders. Subject to the applicable Plan, all payments under the Plans shall be made upfront at time of commencement of the Plan. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan. When Customer purchased the Service, Customer agreed to a specific price and plan. All terms of Service Fee and/or any other fee payable under any mode of payment shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if Customer sign up for other Digital Que LLC services. Customer agrees to maintain Customer Service and the bundled services.
Credit Card Billing. Customer may be asked to provide us with a credit card number from a card issuer that we accept in order to activate Customer Service. Customer hereby authorizes Digital Que LLC to charge and/or place a hold on Customer credit card with respect to any unpaid charges for Services or any related equipment. Customer authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and Customer agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and Customer agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. Customer authorize Digital Que LLC and/or any other company who bills products or services, or acts as billing agent for Digital Que LLC to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Customer credit card until such amounts are paid in full. Customer agree to provide Digital Que LLC with updated credit card information upon Digital Que LLC request and any time the information Customer previously provided is no longer valid. Customer acknowledge and agree that neither Digital Que LLC nor any Digital Que LLC affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by Customer as a result of such attempts to charge, and/or place holds on, Customer credit card. If Customer mistakenly provide a debit card number, instead of a credit card number, Customer authorize all charges described herein to be applied to such debit card unless and until Customer provide a credit card number. In the event Customer are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, Customer agree that all sums described herein may be charged, at Digital Que LLC option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through Customer credit card, or if Customer bank draft or electronic funds transfer is returned for insufficient funds, we will charge Customer an additional $15.00.
REFUND POLICY For Digital Que LLC plans, a full refund will be issued if Digital Que LLC has not been able to resolve even a single issue for Customer within the first 2 days. If there are one or more resolved issues, the fees for the Services will not be refundable. Notwithstanding this Digital Que LLC may, at its sole discretion and on a case by case basis, agree to a refund of Service fees after deducting charges for servicing the Customer. For Quick Fix based plans, Customer will be eligible for refund when any of the following criterions are met:
- Customer has 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 the issue was last worked upon by an Digital Que LLC technician.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SERVICES: Though Digital Que LLC has fix limits on the amount of online support requests a quick fix based plan user may make during the service period, however, each user’s use of the support services for the plan are subject to Digital Que LLC “fair use” policy. Under this policy, if at any time, in Digital Que LLC sole discretion, a plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then Digital Que LLC reserves the right to suspend or terminate the Service. In addition, Digital Que LLC reserves the right to suspend or terminate any Service of any User that Digital Que LLC ., in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than the User, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Digital Que LLC ; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
COMMUNICATIONS SERVICES Digital Que LLC may provide Customer with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable Customer to communicate with Digital Que LLC employees and others as appropriate to Customer Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
USE OF COMMUNICATION SERVICES Customer agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Customer agrees that when using the Communication Services, Customer will not:
• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Customer own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that Customer know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading Digital Que LLC or others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
Digital Que LLC has no obligation to monitor the Communication Services. However, Digital Que LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Digital Que LLC reserves the right to terminate Customer access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Digital Que LLC reserves the right at all times to disclose any information as Digital Que LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Digital Que LLC .’ s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Customer is responsible for adhering to such limitations if Customer download the materials.
GUESTS; LIMITED LICENSE TO USE OF Digital Que LLC PORTAL If Customer is not currently active for a Service, then Customer are regarded as a “Guest”. Usage of the Digital Que LLC Portal by current Digital Que LLC customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”. As a Guest Customer may use the Digital Que LLC Portal and Materials specifically designated as available to guests on the Digital Que LLC Portal for the limited purposes of (a) deciding whether to activate the Services provided by Digital Que LLC , (b) registering with Digital Que LLC and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
GENERAL LICENSE RESTRICTIONS Any other use of the Digital Que LLC Portal, Services, Materials or Software, other than as explicitly permitted by Digital Que LLC is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Digital Que LLC and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
USER RESPONSIBILITY In connection with obtaining Services, Customer agrees that Customer will:
- Cooperate with the Digital Que LLC Technician: We will use commercially reasonable efforts to provide the support to Customer. Our experience shows that most issues can be corrected as a result of close cooperation between Customer and the technician. Please listen carefully to the technician and follow the technician’s instructions. Customer must confirm that the following conditions are true:
• The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
• Customer must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
• The full system, including software and hardware, is available to Customer and accessible by Customer without limit during any telephone discussions with Digital Que LLC support personnel.
• Software/Data Backup: Customer understands and agrees that Digital Que LLC shall under no circumstance be responsible for any lost or corrupted software or data. Digital Que LLC strongly recommends that Customer at all times maintain a complete data backup and disaster recovery plan.
• Account, Password, and Security: For Customer to submit a Plan Order, Customer must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. Customer also will choose a password and a user name. Customer is solely and entirely responsible for maintaining the confidentiality of Customer password and account. Furthermore, Customer is solely and entirely responsible for any and all activities that occur under Customer account. Customer agrees to notify Digital Que LLC immediately of any unauthorized use of Customer account or any other breach of security. Digital Que LLC will not be liable for any loss that Customer may incur as a result of someone else using Customer password or account, either with or without Customer knowledge. However, Customer could be held liable for losses incurred by Digital Que LLC or another party due to someone else using Customer account or password. Customer may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJOR CIRCUMSTANCES Customer hereby acknowledge that circumstances outside of Digital Que LLC reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Digital Que LLC ability to schedule a support session. Customer hereby release Digital Que LLC from any and all liability, and agree that Digital Que LLC shall not be liable to Customer or any third party for any direct or indirect damages whatsoever, resulting from such delays. Digital Que LLC or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES” “Services” shall not include the following:
- any item or activity not covered by the terms of a Plan Order;
• service beyond the duration limitations identified in Customer Plan Order;
• problem diagnosis and support that may not be completed because of a problem with Customer computer or other equipment, or their configuration that is beyond our control;
• Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
• Problems that may and do result from:
• External causes such as accident, abuse, misuse, or problems with electrical power;
• Usage that is not in accordance with product instructions provided by manufacture;
• Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
• Problems caused by using accessories, parts, or components not compatible with the product.
• Non Compliance with the Digital Que LLC technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Digital Que LLC PORTAL, OR THROUGH A SERVICE For Customer convenience, Digital Que LLC may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by Customer according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Digital Que LLC Web site may be copied or retransmitted unless expressly permitted by Digital Que LLC . WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY In connection with our Service, we may provide to Customer, the use of certain software which is owned by Digital Que LLC or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and Customer agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Customer may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from Digital Que LLC or a third party. Customer use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms and conditions of the EULA.
THIRD PARTY PRODUCTS As part of the Services, Digital Que LLC may suggest that Customer acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to Customer by the respective owners or licensees of the Third Party Software. Customer must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Digital Que LLC assists Customer in the acquisition, installation, and/or use of Third Party Software. Digital Que LLC has no responsibility or rights to the Third Party Software and does not license Third Party Software to Customer or make any representation or warranty regarding the Third Party Software. Customer license to the Digital Que LLC Software shall remain in full force and effect unless and until terminated by Digital Que LLC , its third party licensors, providers or suppliers, or until Customer Service Plan is terminated as provided by Customer Plan Order and these Terms and Conditions. Upon termination of Customer Service Plan for any reason, Customer must cease all use of the Service Plan and the Digital Que LLC Software and immediately delete the Digital Que LLC Software from Customer computer. To the extent that we provide technical assistance and support for Third Party Software or equipment, Customer must ensure that Customer comply with the terms and conditions under which Customer licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is Customer sole responsibility to determine if Customer require additional rights for us to provide such support and if so, to acquire such rights. Customer acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS As part of the Services, Digital Que LLC may suggest certain third party services to Customer. If Customer chooses to use any third party services, Customer use of any such services is subject to the terms of service of such third party service provider. Customer agrees to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to Customer and Customer use of them. Third party services include, but are not limited to Software Technical Support, portal, training, music, gaming and storage services that Digital Que LLC may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Digital Que LLC sole discretion, result in the termination of Customer’s account and use of service.
LIMITED SERVICE WARRANTY Digital Que LLC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT CUSTOMER ARE NOT SATISFIED WITH THE SERVICES, CUSTOMER SOLE REMEDY IS TO (A) ALLOW Digital Que LLC TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Digital Que LLC SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT Digital Que LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. Digital Que LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Digital Que LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL Digital Que LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER LIABLE ACTION, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY Notwithstanding anything to the contrary in no event shall Digital Que LLC be liable to Customer in excess of the amounts actually paid by Customer to Digital Que LLC under the Plan Order that is the subject of the dispute..
LIMITATIONS ON ACTIONS Any cause of action by Customer must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION Digital Que LLC at its sole election may terminate or suspend Customer Service immediately without notice if, in the sole discretion of Digital Que LLC : (a) Customer are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) Customer use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Digital Que LLC ‘s network, or the use and enjoyment of Digital Que LLC ‘s other users; (c) Digital Que LLC receives an order from a court to terminate the Service Customer are availing ; (d) if Digital Que LLC for any reason ceases to offer the Service; (e) if Customer are no longer a Digital Que LLC customer, or (f) Digital Que LLC determines that Customer are abusing the Service. Digital Que LLC , in its sole discretion, may refuse to accept Customer request for the Service, renewal or re-subscription following a termination or suspension of Customer use of the Service.
SEVERABILITY WAIVER 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. Digital Que LLC ‘S failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO OFFER The Digital Que LLC Portal is available internationally and may contain references to Digital Que LLC products, services, and programs that are not available in a viewer’s country. These references do not imply that Digital Que LLC intends to make such products, services, or programs available in such country.
MODIFICATION Digital Que LLC reserves the right to amend the Terms and Condition, and the Digital Que LLC Portal at any time by (a) posting a revised version of the Terms and Conditions on the Digital Que LLC Portal or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provide to Digital Que LLC in connection with registration. Customer is responsible for regularly reviewing the Digital Que LLC website to be notified of any amendments to the Terms and Conditions.
LAW FORUM This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.